Policy Code: JE
Adoption Date: Tuesday, May 25th, 2004
Review Date: Tuesday, August 24th, 2010
ADMISSIONS AND ATTENDANCE: ELIGIBILITY AND ADMISSIONS REQUIREMENTS
GENERAL ELIGIBILITY -- PARENTS RESIDE IN-STATE
The Board shall admit into the free public school of the District all minor children who are between the ages of 5 and 18 years on September 2 of the school year in which admission is sought if the child's parent or legal guardian resides or is domiciled in the state, provided that the following conditions exist:
- The child's parent or legal guardian resides in the District at the time of application for admission regardless of whether the child lives with the parent or legal guardian.
- The child resides in the District while in the custody or under the supervision of a Utah state agency.
- The child resides in the District while under the supervision of a private or public agency authorized to provide child placement services by the state of Utah.
- The child resides in the District while living with a responsible adult resident of the state who is willing and able to provide reasonably adequate food, clothing, shelter, and supervision for the child, but only if the Board has determined that the child's physical, mental, moral or emotional health is best served by considering the child to be a resident for school purposes.
- The child resides in the District and is an emancipated minor, such as by marriage.
PARENTS RESIDE OUT-OF-STATE
The Board shall admit into the free public schools of the District all minor children who are between the ages of 5 and 18 years on September 2 of the school year in which admission is sought, where the minor child's parent or legal guardian neither resides or is domiciled within the state, but the child lives within the District, if it is established to the satisfaction of the Board that the following conditions exist:
The child was placed and is being supervised by a private or public agency which is authorized by the State of Utah to provide residential or child placement services by the state and which does not receive significant payment from any out-of-state source for services rendered the child;
The child is an emancipated minor who resides within the District; or
The child lives with a responsible adult who is a resident of the District and who is designated as the child's legal guardian pursuant to the requirement in subpart 3 (b) below, and:
a) The child's presence in the District is not for the primary purpose of attending the public schools, and,
b) The child's physical, mental, moral or emotional health would best be served by considering the child to be a resident for school purposes.
c) A "responsible adult" under item 3 above means a resident of this state who is willing and able to provide reasonably adequate food, clothing, shelter and supervision for a minor child and is a guardian of the child.
d) The Board required in its sole discretion that the responsible adult submit documents similar to those required by an appropriate state court under §§ 75-5-202, 202.5 and 202.4 U.C.A. for appointment of a legal guardian.
e) A "responsible adult" with which the student resides but is not a legal guardian will be required to pay students' tuition amount as determined by the Board.
The board may conduct a hearing to determine that:
a) The child's presence in the State is not for the primary purpose of attending public schools;
b) The child's physical, mental, or emotional health would be best served by considering the child a resident; and,
c) The responsible adult has submitted evidence of guardianship that would be accepted by a court under §§ 75-5-202 et seq.
All documents submitted for proof of guardianship shall be kept by the District for 20 years unless the District receives a valid court order to do otherwise.
A parent, legal guardian or responsible adult may terminate guardianship of the responsible adult and restore it to the parent or legal guardian by submission to the District of a signed and notarized statement by that individual withdrawing his or her consent to guardianship.
The District may require evidence that a child is eligible to attend the public free schools of the District at the time it considers an application for admission of the child. The District may withdraw any student who ceases to be a resident.
Plyler v. Doe, 102 S. Ct. 2382 (1982) Daniels v. Morris, 746 F.2d 271 (5th Cir. 1984)
STUDENT WHO IS RESIDENT OF UTAH ATTENDING SCHOOL DISTRICT OUTSIDE OF RESIDENCE
The Board is responsible for providing educational services consistent with Utah state law and rules of the State Board of Education for any student who resides in another district in the state and desires to attend a school in the district, to the extent reasonably feasible and in accordance with the limitations and provisions herein.
If a school's average daily membership falls below the threshold designated by the State Board of Education, the Board shall allow students who do not reside in the district to enroll in the school. If a school's average daily membership is above the threshold, the Board may, in its discretion, allow enrollment of nonresident students in the school upon satisfactory completion of the application process set forth herein.
The School Board shall make information about the District, its schools, programs, policies and procedures available to all students who are residents of the State and express an interest in transferring into the District.
In order for a student to attend a program in the District who is not a resident of the District, and the student resides in the State of Utah, the non-resident student's parent or legal guardian must submit an application to the District on a form provided by the State Board of Education.
The student's parent or legal guardian must submit the application during the month of January prior to the school year of application for initial enrollment to begin the following school year in the District.
Applications submitted at times other than that provided herein shall be considered only if the Board determines that there are conditions of special need, which warrant consideration.
The District shall charge applicants a one-time $5.00 processing fee to be paid at the time of application.
Utah Code Ann. § 53A-2-207
NOTICE OF ACCEPTANCE OF APPLICATION
The District shall provide written notice to the parent or legal guardian of the non-resident student who applies to attend schools in the District, informing them whether the application has been accepted or rejected, within six weeks after receipt of the application by the District or by March 1 whichever is later. Written notice of acceptance of an application for enrollment shall also be sent to the nonresident student's district of residence.
DENIAL OF ENROLLMENT APPEAL
Denial of initial or continuing enrollment of a non-resident student in the District may be appealed to the Board. Written notice of the request for appeal to the Board must be submitted to the Board within 15 days of the date of the Board's denial of the application.
Utah Code Ann. § 53A-2-209
STANDARDS FOR APPLICATION
Acceptance or rejection of an application shall be determined on an individual basis. Standards applied to each application include at least the following:
- No nonresident student shall be allowed to voluntarily enroll in programs within the District unless, on a case by case basis, the District determines that there is capacity for additional students in the program for which the nonresident student applies, and that there is adequate space, facilities, and teacher availability in the class, grade level and school building for which the student applied.
- The District shall maintain heterogeneous student populations if necessary to avoid violation of constitutional or statutory rights of students.
- The District shall not be required to provide any program that it has not previously provided to its own students. If the District does not offer a program that the student requires, that fact shall be considered in reviewing the student's application.
- The District shall consider the willingness of prospective students to comply with District policies.
- The District shall consider whether an applicant's brother or sister is attending the requested school or another school in the District.
Standards may not include previous academic achievement, athletic or other extra-curricular ability, the fact that the student requires special education services for which space is available, previous disciplinary proceedings, except that the District may deny applications from students who have committed serious infractions of the law or school rules, including rules of the District, which may not have been rules of the student's prior district where the conduct occurred. The District may deny applications from students who have been guilty of chronic misbehavior, which would, if continued, endanger persons or property, cause serious disruptions in the school, or place unreasonable burdens on school staff.
The Board may, in its discretion, allow provisional enrollment of students with prior behavior problems. In such cases the Board will, on a case-by-case basis, establish conditions under which enrollment of the non resident student would be permitted. The Board may also impose such conditions on a nonresident student previously enrolled in the District, under which the nonresident student's enrollment would be continued.
Utah Code Ann. § 53A-2-208
PARTICIPATION IN INTERSCHOLASTIC COMPETITION
The participation by non-resident students in interscholastic competition shall be governed under rules established by the State Board of Education, in consultation with the Utah High School Activities Association. Final determinations as to extent of participation shall be made by the Board of Education or coaches delegated such authority.
TERMINATION OF ENROLLMENT
Once a non-resident student is enrolled within schools in the District, the student may remain enrolled subject to compliance with all rules and standards established for students in the District, and is not required to submit annual or periodic applications unless one of the following occurs:
- the student graduates;
- the student is no longer a Utah resident;
- the student is suspended or expelled from school; or
- the District determines that enrollment within the school in question will exceed 90% of maximum capacity during the coming school year. However, this subsection (d) shall not apply to a student who was attending the District schools prior to January 1, 1993.
Determination of which nonresident students will be excluded from continued enrollment in the District during a subsequent year is based upon time in the District, with those most recently enrolled being excluded first. Nonresident students will not be permitted to continue their enrollment in the District shall be notified on or before March 15 of the school year prior to the school year during which enrollment will be denied.
The parent or guardian of the nonresident student must arrange for the student's own transportation to and from schools. The School District may provide transportation for a non-resident student on the basis of available space on an approved route within the District to the school of attendance if District students would be eligible for transportation to the same school from that point on the bus route and the student's presence does not increase the cost of the bus route. Utah Code Ann. § 53A-2-213
WITHDRAWAL OF ENROLLMENT
The parent of a nonresident student enrolled in the District may withdraw the student from the District for enrollment in another district by doing one of the following:
- Submitting notice of intent to enroll the student in the student's district of residence for the subsequent year. Notice must be submitted to the District no later than March 15 of the school year prior to the school year when enrollment with the District will cease.
- Submitting notice of intent to enroll the nonresident student in another nonresident district for the subsequent school year. Notice must be submitted to the District, together with a letter of acceptance from the proposed district of attendance, not later than March 15 of the school year prior to the school year when enrollment with the District will cease.
- If the parent desires to change the student's enrollment during the school year or after March 15, the parent must obtain approval from both the District and the District in which enrollment is sought. Unless provisions have previously been made for enrollment in another school, if the District releases a nonresident student from enrollment in the District, the District superintendent shall immediately notify the student's district of residence.
If the District receives notice from another district that a student residing in the District, but who has been enrolled in the other district, is released from enrollment with that district, the District shall enroll the student in the appropriate District school and take such additional steps as may be necessary to ensure compliance with laws governing school attendance.
Utah Code Ann. § 53A-2-207
Children residing in another District of the state may attend school in this District if written permission is granted by the Board. The Board shall require a student residing in the state, but not within the District to pay tuition in order to attend school in the District. The tuition shall not exceed the per capita expenditure for the program in which the child seeks to enroll, less the state contribution for the program.
Utah Code Ann. § 53A-12-101
The Board may allow a student residing outside the state to attend school within the District, but shall charge the nonresident child tuition at least equal to the per capita cost of the school program in which the child enrolls, unless the Board, in open meeting, determines to waive all or part of the charge for that child. Such action shall be recorded in the minutes of the meeting.
Utah Code Ann. § 53A-2-205
Upon enrollment of a student for the first time in a particular school in the District, that school shall notify, in writing the person enrolling the student, that within 30 days he or she must provide the school with either a certified copy of the student's birth certificate, or other reliable proof of the student's identity and age together with an affidavit explaining the inability to produce a copy or the birth certificate. If the affidavit appears inaccurate or suspicious, the school shall immediately report such concerns to the Bureau of Criminal Identification within the Department of Public Safety. If a person enrolling a student fails to comply with this requirement, the school shall notify that person in writing that unless he or she complies within ten days the case shall be referred to the local law enforcement authority for investigation. If the person fails to comply within the ten-day period, the school shall refer the case to the Bureau of Criminal Identification within the Department of Public Safety.
Utah Code Ann. § 53A-11-503
If a school within the District receives notification from the Bureau of Criminal Identification that a child, which is currently or was previously enrolled is missing, the school shall flag that child's records sufficiently to alert school officers that the record is that of a missing child. If the school receives notification from the Bureau of Criminal Investigation that the child is no longer missing, it shall remove the flag from the record.
Utah Code Ann. § 53A-11-502
Within 14 days after enrolling a transfer student, a school shall request, directly from the student's previous school, a certified copy of his record, and shall exercise due diligence in obtaining the record.
Utah Code Ann. § 53A -11-504
If a school within the District is requested to forward a copy of a transferring student's record to the student's new school, it shall comply unless the record has been flagged as being that of a missing child, in which case the copy shall not be forwarded and the school shall notify the Bureau of Criminal Identification of the request. Any knowledge as to the whereabouts of a missing child shall be reported immediately to the Bureau of Criminal Identification.
Utah Code Ann. § 53A-11-502,504
A child may be enrolled in the first grade if the child is at least six years of age on or before September 2 of the current school year or has been enrolled in the first grade, or completed kindergarten in the public schools of another state prior to transferring to the District.
A child may be assigned to a grade other than that which would normally be assigned on the basis of age at the discretion of the District and with the consent of the child's parent or legal guardian.
Any student enrolling in the District for the first time must provide satisfactory evidence of required immunization.
Utah Code Ann. § 53A-11-301
A student may not enter school without a Certificate of Immunization except:
- A student who, at the time of enrollment, has not been completely immunized against diseases specified by the Department of Health may attend school under a conditional enrollment if the student has received one dose of each specified vaccine prior to enrollment.
A student is exempt from receiving the required immunizations based upon one of the following:
a. The student has received a certificate from a licensed physician stating that due to the physical condition of the student one or more specified immunizations would endanger the student's life or health.
b. The student provides a form from the Department of Health stating that the person is a bona fide member of a specified, recognized religious organization whose teachings are contrary to immunization which is also signed by one of the student's parents or the student's legal guardian or a brother or sister of legal age or the student, if the student is 18 years of age or older.
The student provides a form stating that that person has a personal belief opposed to immunizations which is signed by a parent, guardian, brother or sister more than 18 years of age or by the student, if the student is more than 18 years of age and such signature is witnessed by a local health officer or designees.
Utah Code Ann. § 53A-11-302
The Principal of each District school shall ensure that each student admitted to that school has complied with Department of Health requirements for vision, dental and hearing examinations.
Utah Code Ann. § 53A-11-201
CREDITS AND RECORDS TRANSFERS
The District shall accept all credits earned toward state graduation requirements by students in a school accredited or approved by the State Board of Education or a regional accrediting body recognized by the U.S. Department of Education
Utah Admin. R. 300-410-3, 4, 5
The District shall award a diploma to a nonresident student attending school within the District during the semester immediately preceding graduation if the student meets graduation requirements generally applicable to students in the school. The District does not require that a student attend school in the District for more than one semester prior to graduation in order to receive a diploma.
Utah Code Ann. § 53A-2-211
PLACEMENT OF TRANSFERS
Records and transcripts of students from Utah nonpublic schools or from out of state shall be evaluated, and students shall be placed promptly in appropriate classes.
EXPELLED FROM ANOTHER DISTRICT
A student who has been expelled from another school district who is otherwise eligible to enroll may enroll in District schools; however, upon receipt of the expulsion order from the other school district, the District may continue the expulsion under the terms of the order or may allow the student to attend classes without completing the period of expulsion.