The Tanque Verde Unified School District (TVUSD) has an open enrollment program pursuant to 15-816 et seq. to provide educational options for both residents and nonresident students. The primary driver for admitting nonresident students to TVUSD is to achieve and maintain a system-wide student enrollment that supports the efficient operation of all TVUSD schools. The open enrollment program described in this policy shall be placed on the TVUSD website and made available to the public on request.
No tuition shall be charged for open enrollment, except as authorized by applicable provisions of A.R.S. 15-764, 15-797, 15-823, 15-824, and 15-825.
Definitions
Resident transfer pupil means a resident pupil who is enrolled in or seeking enrollment in a school that is within the TVUSD - but outside the attendance area - of the pupil's residence.
A non-resident pupil means a pupil who resides in this state but outside the TVUSD boundaries and who is seeking enrollment in TVUSD schools.
Enrollment Options
District resident pupils may enroll in another school district or in another school within this District. Resident transfer pupils and non-resident pupils may enroll in schools within this District, subject to the limitations and procedures that follow.
Information and Application
The Superintendent shall prepare a written information packet (both online and hardcopy) concerning the District's application process, standards for acceptance or rejection, and policies, regulations, and procedures for open enrollment. Application forms will be included in the packet, which will be made available to anyone who requests it.
Capacity
Attending District schools as an Open Enrollment pupil is conditioned subject to capacity limitations. The Superintendent shall annually estimate how much excess capacity exists to accept transfer pupils. The estimate of excess capacity shall be made for each school, grade level, program and, in the case of a special needs student, the existing capacity to provide the services needed by such student. Excess capacity means capacity beyond that needed to serve District resident pupils within assigned school attendance areas, pupils who have been issued certificates of educational convenience, and other pupils whose attendance is mandated by law. Capacity determinations are based on:
A. Available physical space;
B. Available equipment and personnel; and
C. Established class-size and program-size limitations
If the resources needed to serve a special needs Open Enrollment pupil change during the school year or between school years, the District will review whether capacity exists to serve the needs of that pupil in light of the additional or modified requirements. If capacity is not available, the pupil’s Open Enrollment status will be revoked or, if between school years, not reapproved.
The Governing Board shall make the final determinations concerning excess capacity. Capacity limitations are posted on the District’s web page.
Distinction Between Initial and
Continuing Open Enrollment
Open Enrollment placement is for a single school year only and must be reapproved each school year. The fact that a pupil is initially approved for and attends school In the District as an Open Enrollment pupil does not guaranteed the right to continue to attend school in the District as an Open Enrollment student in subsequent school years.
Conditions for Acceptance as an
Initial Open Enrollment Pupil
If a pupil desires to attend school in the District as an Open Enrollment pupil and has not previously attended any District school as an Open Enrollment pupil, the pupil and the pupil’s parent(s)/guardian(s) must submit an Initial Open Enrollment Application. The Application must be submitted on or before January 30 in order to be considered in the first round of Open Enrollment determinations for the following school year. Applications submitted after January 30 are reviewed on a first-come first-served basis.
To be considered for admission as an
Initial Open Enrollment student:
A. The Initial Open Enrollment Application must not contain any information that is incomplete, inaccurate or misleading.
B. The pupil must not have been expelled from another school or school district, and must not have withdrawn from a school or school district when faced with possible expulsion.
C. There must be capacity to accept the pupil as an Open Enrollment pupil.
Conditions for Approval to Attend School
as a Continuing Open Enrollment Pupil
Because Open Enrollment status is determined on a school-year by school-year basis, District Open Enrollment pupils and their parent(s)/guardian(s) must submit a Continuing Open Enrollment Application each school year, assuming their desire is that the pupil return to the District the following school year. The Application must be submitted on or before January 30 in order to be considered in the first round of Open Enrollment determinations for the following school year. In the Continuing Open Enrollment Application, the pupil and the pupil’s parent(s)/guardian(s) will be asked to:
A. Indicate their intention that the pupil continue to attend school in the District as a Continuing Open Enrollment Pupil; and
B. Specify any new or additional information, if any, necessary for the District to determine whether the student qualifies for continued attendance and whether capacity exists for such continued attendance. The application must not contain any information that is incomplete, inaccurate or misleading.
To qualify for Continuing Open Enrollment status:
A. The Continuing Open Enrollment Application must not contain information that is incomplete, inaccurate or misleading.
B. The pupil must reasonably have complied with District conduct and attendance requirements during the time the pupil has attended school in the District. An Open Enrollment pupil who has failed to comply with District conduct and attendance requirements during the time the pupil attends school in the District as an Open Enrollment pupil may be denied Continuing Open Enrollment status and, in some cases, may have their Open Enrollment status revoked during the school year.
C. There must be capacity to accept the pupil as an Open Enrollment pupil.
Enrollment Priorities
To the extent that capacity exists to accept open enrollment pupils, the following enrollment priorities will be followed:
1st priority: Level 1 – Continuing Open Enrollment pupils who are resident transfer pupils (i.e., intra-District transfers);
2nd priority: Level 2 – Continuing Open Enrollment pupils who are non-resident transfer pupils:
3rd priority: Level 3 – Initial Open Enrollment applicants who are resident transfer pupils (i.e., intra-District transfers);
4th priority: Level 4 – Qualifying children of District employees who do not fall within priority level 1, 2 or 3 above;
5th priority: Level 5 – Siblings of current District pupils who do not fall within priority level 1, 2, 3 or 4 above.
6th priority: Level 6 -- All other pupils who do fall within priority level 1, 2, 3, 4, or 5 above.
In addition to the above, enrollment preference may be given to children who are in foster care, who meet the definition of being unaccompanied youth pursuant to the McKinney-Vento Homeless Assistance Act, and/or who attend a school that is closing. The extent of such priority shall be determined on a case-by-case basis by the Superintendent.
Qualifying Open Enrollment applicants (including both Initial Open Enrollment Applicants and Continuing Open Enrollment pupils) who submit Open Enrollment applications for the following school year on or before January 30 of the current school year shall be grouped into priority levels as set out above. To the extent that capacity exists, students shall be admitted based on priority level. If the number of qualifying applicants in any priority level exceeds the available capacity, a random selection process will be used to determine approval of Open Enrollment status among the qualifying applicants in that level.
Qualifying Open Enrollment applicants who submit the required application after January 30 shall be approved for Open Enrollment if and to the extent that capacity is available. Priority will be based on the order that the Open Enrollment applications are received.
Open Enrollment Requirements
Pupils who apply for Initial or Continuing Open Enrollment status in TVUSD must:
A. Submit a complete and accurate Open Enrollment application by January 30th of the school year preceding the year in which Open Enrollment status is sought for consideration in the first round of decision-making. For a pupil new to the District, the correct application is the Initial Open Enrollment application. For a pupil who has at any time in the past attended the District as an Open Enrollment Student, the correct application is a Continuing Open Enrollment application;
B. Understand and acknowledge that Initial Open Enrollment status is conditioned on compliance with Open Enrollment admission standards and available capacity, with capacity being determined by school, grade level, program and, in the case of special needs pupils, required services.
C. Understand and acknowledge that to continue attendance in the District, and to be approved for continued Open Enrollment status from year to year, a pupil must abide by TVUSD pupil conduct policies, including both District-wide conduct standards and rules imposed by the particular school the pupil attends. Also, on a school year to school year basis, the pupil’s continued enrollment is conditioned on available capacity, with capacity being determined by school, grade level, program and, in the case of special needs pupils, required services.
D. Agree to regular and punctual attendance; and
E. Agree that violation of District conduct and/or attendance standards may result in mid-year revocation of the pupil’s Open Enrollment status and/or may result in the pupil not being readmitted as a Continuing Open Enrollment student in a subsequent school year.
F. Agree that providing incomplete, false or misleading information may result in the pupil's Open Enrollment application being denied or Open Enrollment status being revoked.
Notification of Open
Enrollment Status
With regard to Open Enrollment applications for the following school year that are submitted on or before January 30, the District shall notify the pupil and the pupil’s parent(s)/guardian(s) on or before the end of March whether the pupil’s Open Enrollment application has been accepted or denied, or whether the pupil has been placed on a waiting list pending the availability of capacity,
If the applicant is placed on a waiting list, the notification shall inform the pupil and the pupil’s parent(s)/guardian(s) the number in which they appear on the waiting list. If the pupil's application is rejected, the reason for the rejection shall be stated in the notification.
Appeal
A pupil and the pupil’s parent(s)/guardian(s) may appeal any adverse determination concerning a pupil’s Open Enrollment status they believe is without any reasonable factual support and/or is contrary to the requirements of law or this policy. The appeal must occur within twelve (12) calendar days following receipt of the determination being appealed. The appeal must be in writing, must state in detail the basis for the appeal, and be submitted to the Superintendent’s Office within the twelve (12) calendar-day time line. The Superintendent or someone designated by the Superintendent, will schedule a meeting with the pupil and the pupil’s parent(s)/guardian(s) to discuss the appeal. The Superintendent or Superintendent’s designee shall decide the appeal and give written notice of the decision to the pupil and the pupil’s parent(s)/guardian(s). The decision of the Superintendent or Superintendent’s designee is final.
Transportation of Open
Enrollment Pupils
Resident transfer pupils are eligible for District transportation on routes within the attendance boundaries of the school to which the pupil has been accepted for open enrollment transfer.
Nonresident open enrollment pupils are eligible for District transportation from a designated pickup point on a bus route serving the attendance area of the school to which the pupil who has been admitted, or as may be otherwise determined by the District.
The District may provide transportation for open enrollment nonresident pupils who meet the economic eligibility requirements established under the national school lunch and child nutrition acts for free or reduced-price lunches:
of not more than thirty (30) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent district.
The District shall provide transportation for nonresident transfer students with disabilities whose individualized education program (IEP) specifies that transportation is necessary for fulfillment of the program:
of not more than thirty (30) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent district.
It is the responsibility of the parent or guardians of the transfer students to have the student at a designated pickup point within the receiving school's transportation area for pickup and to be at the transfer point to receive the student when the bus drops the student off after school. It is the responsibility of the parent or legal guardian to designate an alternative person to pick up the student and to inform the District of the identity and contact information for such designated person if the parent or legal guardian is unable for any reason to be at the transfer point to receive the student. The District will not be responsible for the student after drop-off at the designated point. For nonresident transfer students (Open Enrollment Students), a Release and Waiver for Transportation form will be required prior to participating in the Tanque Verde Unified School District's transportation program.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
8-371
15-341
15-764
15-797
15-816 et seq.
15-823
15-824
15-825
15-841
15-922
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
EEAA - Walkers and Riders
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFABDA - Admission of Students in Foster Care
JG - Assignment of Students to Classes and Grade Levels