JECB - Request for Transfer of Resident Students and Admission of Non-resident Students

Code: JECB
Adopted: 8/13/97
Re-adopted: 7/14/99, 3/8/00, 10/22/14, 1/23/19
Original Code: 7120
 

The Board authorizes the Superintendent of the School District to act on its behalf regarding this policy.

The District may enroll nonresident students as follows:

  1. Interdistrict Transfer Agreement:  By written consent of the affected school boards.  The student becomes a “resident pupil” of the attending district thereby allowing the attending district to receive State School Fund moneys;
  1. Open Enrollment:  By written consent from the school board with which the student has made application for admission.  The student becomes a “resident pupil” of the attending district thereby allowing the attending district to receive State School moneys;
  1. Tuition Paying Student:  By admitting nonresident student with tuition, whereby neither affected districts are eligible for State School Fund moneys;
  1. Court placement:  If a juvenile court determines it is in the student’s best interest, a student placed in a substitute care program outside the district will continue to be considered a resident student and allowed to attend the school the student attended prior to placement.  The public agency placing the student in a substitute care program will be responsible for the transportation of the student, if public agency funds are available.

The Board shall deny regular school admission to nonresident students who are under expulsion from another

district for a weapons policy violation.  The Board will deny regular school and/or alternative program admission to nonresident students who are under expulsion from another district for reasons other than a weapons policy violation.

Consent for Admission of a Nonresident Student by Interdistrict Transfer or Consent for Admission of a Tuition Paying Student:

Annually, by March 1st, the Board shall establish the number of student transfer requests into the district, and out of the district, to which consent will be given for the upcoming school year. 

The Board reserves the right to accept/reject nonresident students based upon the availability of space and  resources.  The Board may not consider nor ask for any information from the student about race, religion, sex, sexual orientation, ethnicity, national origins, disability, health, whether a student has an individual education program (IEP) or the terms of that IEP, identified as talented and gifted, income level, residence, proficiency in English, athletic ability or academic records.  The Board may not request or require the student to participate in an interview, tour any of the schools or facilities, or otherwise meet with any representatives of the school or district prior to the district deciding whether to give consent. 

The Board may ask for the student’s name, contact information, date of birth, grade level, whether the student may be given priority on consent for admission (e.g., sibling in the district; change in legal residence; completion of public charter school in the district), information about which schools the student prefers to attend and whether the student is currently expelled.

If the number of students seeking consent exceeds the number of spaces, the Board will use an equitable lottery selection process.  The process may give priority to students who have siblings currently enrolled in the district; to students who previously received consent for admission and because of a change in legal residence; or to students who attended a public charter school located in the same district in which the student seeks to attend, for three consecutive years, completed the highest grade offered by the public charter school and did not enroll and attend school in another district following completion of that highest grade in the public charter school 

The Board may revise the maximum number of students to whom consent will be given at a time other than the annual date established by the Board if there are no pending applications for consent.  

If the Board decides not to give consent to a student the Board must provide a written explanation to the student.

The district may require minimum standards of behavior and/or attendance once the student has been accepted.  The minimum standards for behavior are defined in the annually released publication “Minimum Standards for Student Conduct and Discipline and must be the same for all students that are given consent.  Any violation that results in suspension or expulsion would result in a return to the resident district.  Students who become identified as “chronically absent” may have their authorization to attend revoked.  The district is not allowed to establish minimum standards for academics as a criteria for the student to remain in the district.  Students whose consent is revoked for violation of set attendance and/or behavior standards will not be allowed to apply for consent to return to this district in the same or the following school year. 

The Board may determine the length of time the consent is given.  Any limitations in length of time must be applied consistently among all students to whom consent is given.

The district is not required to provide transportation outside the boundaries of the district.  The student will be allowed to use existing bus routes and transportation services of the district.  Transportation will be provided if required by federal law.

The attending district is responsible for free appropriate public education for those students on an IEP. 

Consent by the Nonresident District Board for which the Student has applied for Admission (Open Enrollment):

Annually, by March 1, the Board shall establish the number of students to whom consent will be given for the upcoming school year.  The Board may choose to limit consent based on school, grade or the combination of both.  The Board may decide not to give consent to any person under this process. 

Applications for consent shall be submitted no later than April 1, for the following school year. 

The Board may not deny consent, give priority nor request student information related to race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individual education program (IEP) or the terms of that IEP, income level, residence, proficiency in the English language, athletic ability, academic records or eligibility or participation in talented and gifted programs.

If the number of students seeking consent exceeds the number of students the Board has determined will be given consent, consent will be based on an equitable lottery selection process.

The district is not required to provide transportation outside the boundaries of the district.  The student will be allowed to use existing bus routes and transportation services of the district.  Transportation will be provided if required by federal law.

By May 1, the district shall provide written notification of admission of a nonresident student into the district to the district of the student’s legal residence. 


Legal Reference(s)

ORS 109.056
ORS 327.006
ORS 329.485    
ORS.335.090
ORS 339.115-339.133
ORS 339.141
ORS 339.250
ORS 343.221
ORS 433.267

Letter Opinions, Office of the Oregon Attorney General (March 15, April 18, June 30, 1988).
OR Dept. of Education, ODE Executive Memoranda 23-1988-89, 42-1994-95.