Issue Date: 12/12/13
HB 349 Summary (Passed in 2008)
1. Clarifies reasons a school may reject an application for enrollment. 2. Defines a school's capacity for open enrollment based on district average class size. As class sizes drop, the capacity of the school drops proportionally. 3. Modifies the threshold below which a school is open for enrollment of nonresident students from 90% of capacity to 90% of capacity or space for 40 additional students. 4. Introduces a "late enrollment" period during which a student may apply for enrollment in a nonresident school. Late enrollment capacity is based on current staff and will not effect a schools staffing plans. The regular open enrollment period ends the 3rd Friday in February prior to the start of the school year. 5. Requires local school boards to post data on the school district's website regarding school capacity and applications for enrollment of nonresident students. 6. Requires local school boards to establish policies ensuring that schools do not discriminate against any individual or group of nonresident students.
Utah Code 53A-2-207
2. a. A school is open for enrollment of nonresident students if the enrollment level is at or below the open enrollment threshold. b. If a school's enrollment falls below the open enrollment threshold, the local school board shall allow a nonresident student to enroll in the school.
3. G. A local board of education may deny enrollment of nonresident students for reasons identified in R277-437-11. 1. "Serious infraction of the law or school rules" means chronic misbehavior by a student which is likely, if it were to continue after the student was admitted, to endanger persons or property, cause serious disruptions in the school, or to place unreasonable burdens on school staff. 4. A. Capacity for special education classrooms shall: 1. be consistent with Utah Special Education Caseload Guidelines; and 2. depend on staffing and funding constraints of the receiving school district.
Open Enrollment Thresholds Early Enrollment Threshold: (Prior to the 3rd Friday in February)
Threshold = The greater of 90% of maximum capacity or maximum capacity minus 40 students. Based on projected enrollment (Oct. 1 count plus projected growth)
Late Enrollment Threshold: (After the 3rd Friday in February)
Threshold = The greater of 90% of maximum capacity or maximum capacity minus 40 students. Based on actual enrollment.
Early Enrollment Capacity:
Enrollment if each teaching station had an enrollment at or above the average class size for the corresponding grade or subject.
Late Enrollment Capacity:
Enrollment if each teacher in the school has an enrollment at or above the average class size for the corresponding grade or subject.
Open Enrollment Application Process
1. Parent submits an application to the district. Shall be charged a $5 processing fee at the time of submitting the application. 2. Items that the district may consider in accepting/rejecting applications a. May give preference to students residing within the district. b. May allow provisional enrollment of students with behavior problems. Board may establish conditions for continued enrollment. 3. written notification to the student's parent or legal guardian of acceptance or rejection of an application: a. within six weeks after receipt of the application by the district or by March 31, whichever is later, for applications submitted during the early enrollment period; b. within two weeks after receipt of the application by the district or by the Friday before the new school year begins, whichever is later, for applications submitted during the late enrollment period for admission in the next school year; and c. within two weeks after receipt of the application by the district, for applications submitted during the late enrollment period for admission in the current year;
Rule for Continued Enrollment
6. An enrolled nonresident student shall be permitted to remain enrolled in a school, subject to the same rules and standards as resident students, without renewed applications in subsequent years unless one of the following occurs: a. the student graduates; b. the student is no longer a Utah resident; c. the student is suspended or expelled from school; or d. the district determines that enrollment within the school will exceed the school's open enrollment threshold.
Rule for Exclusion of Students Once a School Meets the Enrollment Threshold
7. a. Determination of which nonresident students will be excluded from continued enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in the school, with those most recently enrolled being excluded first and the use of a lottery system when multiple nonresident students have the same number of school days in the school.