509.0 Enrollment Options Policy

I.     PURPOSE

The school district desires to participate in the Enrollment Options Program (Open Enrollment) established by Minn. Stat 124D.03 and provide for in-district enrollment options for resident students. The purpose of this policy is to set forth the application and exclusion procedures used by the school district in making these determinations.

II.   GENERAL STATEMENT OF POLICY

It is the policy of the school district to ensure that enrollment in its schools is available to all legally eligible students. The school district must administer open enrollment consistent with the provisions of Minnesota Statute. The school board establishes specific standards for acceptance and rejection of open enrollment applications as set forth in this Policy.  Additionally, it is the policy of the school district to administer its in-district enrollment options process in a fair and orderly manner according to the requirements of this Policy. Consistent with Minnesota Statute, a student’s attendance at a particular public school is a privilege not a right for a pupil. Enrollment of homeless students must comply with the requirements of the McKinney Vento Act.

III.   DETERMINATION OF ENROLLMENT ELIGIBILITY AND RESIDENCY

1. General Residency and Enrollment Expectations. Students are generally enrolled in their neighborhood school based on their parent/guardian home address. If the parent/guardian of the student are separated or divorced and both maintain legal rights to determine the student's education, but are living in different districts, the district of residence is the district in which the student primarily resides for the greater part of the school year. Residents of Anoka-Hennepin Independent School District No. 11 attend district schools tuition-free.

   To qualify as a legal resident eligible to enroll in the school district, a student must satisfy the following criteria:

   - Primary Residency: Reside within the district's legal boundaries for reasons other than purely educational purposes. The student must receive personal care, supervision, and full emotional and financial support within that home.
   - General Age Requirement: Be at least five years old on or before September 1, and not have exceeded their 21st birthday by the time of high school completion.
   - No High School Diploma Issued: If the student has a diploma (excluding GED) they are not eligible to enroll.
   - Special Education Provision: Students with disabilities are eligible from birth through the completion of high school, provided they do not exceed their 22nd birthday by September 1 of that academic year.

2. Residency Status and Transportation Expectations. At any point where the area of home residency and the school's attendance area do not match, transportation of the student becomes the responsibility of the parent/guardian, or student.  Students not living inside their school's assigned attendance area may register to ride buses to/from active, existing bus stops within the school's designated transportation area (i.e. border stops) or attend a day care facility/other alternate residence inside the school's designated transportation area.  Routes and stops will not be created outside of the school's regular attendance area(s).
3. Residency Disputes. If the school district reasonably believes that a student does not meet residency requirements, the student may be removed from the school only after the school district sends the student's parents/guardian written notice of the school district's belief, including the facts upon which the belief is based, and an opportunity to provide documentary evidence of residency in person to the superintendent or designee, or, at the option of the parents/guardians, by sending the documentary evidence to the superintendent, or a designee, who will then make a determination as to the residency status of the student.
   
   Documentary evidence can include: property documents (purchase agreement, mortgage documents, or lease/rental agreements); utility records: (utility bills (electric, water, gas) showing the parent/guardian name and address); and government identification/records (parent/guardian driver’s license or state ID card reflecting the new address, voter registration card, military records, or other official state records).
4. Age Eligibility Disputes. If the school district reasonably believes that a student has exceeded age limits permitted to receive a public education under Minnesota law, the student may be denied enrollment/may be removed from the school only after the school district sends the student's parent/guardian or to an eligible student (i.e. over 18 years of age and legally competent), written notice of the school district's belief, including the facts upon which the belief is based, and an opportunity to provide documentary evidence of the student’s age in person to the superintendent or designee, or, at the option of the parents/guardians, by sending the documentary evidence to the superintendent, or a designee, who will then make a determination as to the age eligibility of the student.

IV.  OPEN ENROLLMENT FOR NON-RESIDENT STUDENTS

1. Capacity Limits. Applications for Open Enrollment consistent with Minn. Stat. 124D.03 will be approved provided that acceptance of the application will not exceed the capacity of a program (excluding special education services); class; grade level; or school building; as established by school board resolution and provided that:

   1. Space is available for the applicant under enrollment cap standards established by school board policy or other directive.
   2. In considering the capacity of a grade level, the school district may only limit the enrollment of nonresident students to a number not less than the lesser of: (a) one percent of the total enrollment at each grade level in the school district; or (b) the number of school district resident students at that grade level enrolled in a nonresident school district in accordance with Minn. Stat. 124D.03.
   3. The applicant is not otherwise excluded by action of the school district because of previous conduct in another school district.
   4. The district has sole discretion to determine school of attendance for open enrolled student.

   If the school district limits enrollment of nonresident students pursuant to this section, the school district shall report to the Commissioner of the Minnesota Department of Education (MDE) by July 15 on the number of nonresident students denied admission due to the limitations on the enrollment of nonresident students.      

2. Applications. Open Enrollment applications are accepted year round. The following parameters apply:
   1. Applications submitted before January 15 receive priority consideration. Any application received after January 15 will go into a second or third round lottery. April 1 is the deadline for an application to be considered in the second round lottery, and June 1 is the deadline for the third and final round lottery. 
   2. The school district shall notify the parent/guardian in writing by February 15, or within ninety (90) days for applications submitted after January 15.
   3. Parents/guardians must confirm the intent to enroll by March 1, or within ten (10) business days of acceptance for applications submitted after January 15. This obligates the student to attend the new school for one year, unless the boards of both districts agree to allow the student to transfer back to the resident school district. 
   4. For applications made by January 15 and accepted, assignments to schools will be made by February 15 and resident school districts will be notified by March 15.
   5. Once enrolled: the student may remain enrolled in the district; is typically eligible to remain in the feeder school path until 12th grade and is not required to submit annual or periodic applications.  
3. Basis for Decisions
   1. Standards that may not be used for rejection of application. The school district may not use the following standards in determining whether to accept or reject an application for open enrollment:
      a. previous academic achievement of a student;
      b. athletic or extracurricular ability of a student;
      c. disabling conditions of a student;
      d. a student’s proficiency in the English language;
      e. the student’s district of residence; or
      f. previous disciplinary proceedings involving the student. 
   2. Standards that may be used for rejection of application. In addition to rejecting an application because space is unavailable as discussed in Section IV. A., the school district may deny enrollment for a student who is expelled for the following reasons:
     a. possessing a dangerous weapon, including a weapon, device, instruments, material, or substance, animate or inanimate, that        is used for, or is readily capable of, causing death or serious bodily injury, at school or a school function;
     b. possessing or using an illegal drug at school or a school function;
     c. or soliciting the sale of a controlled substance while at school or a school function; or
     d. committing a third-degree assault involving assaulting another and inflicting substantial bodily harm.
   3. Notwithstanding the standard set forth in paragraph E.1 and E.2 above, the school district reserves the right to pursue expulsion/exclusion proceedings against an enrolling student for conduct which constituted grounds for expulsion in their prior school of enrollment.
    
4. Lottery. When the maximum number of applications exceeds the established maximum, approvals will be made by random lot.
   
   The district shall give priority to enrolling siblings of currently enrolled students, students whose applications are related to an approved integration and achievement plan, children of the school district’s staff, and students residing in that part of a municipality (a statutory or home rule charter city or town)  that meets the requirements of Minn. Stat. 124D.03 subd 5a. 
   
   The lottery process will be posted on the district website.
5. Termination of Enrollment
   1. The school district may terminate the enrollment of a nonresident student enrolled under an enrollment options program pursuant to Minn. Stat. 124D.03 or 124D.08 at the     end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy under Minn. Ch. 260A, and the student's case has been referred to juvenile court. A "habitual truant" is a child under 17 years of age who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven school days per school year if the child is in middle school, junior high school or high school, or a child who is 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days per school year and who has not lawfully withdrawn from school under Minn. Stat. 120A.22,Subd. 8.
   2. The school district may also terminate the enrollment of a nonresident student over 17 years of age if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under Minn. Stat. 120A.22, Subd. 8.
    
6. The school district may terminate the enrollment of a nonresident student enrolled under an enrollment options program pursuant to Minn. Stat. 124D.03 or 124D.08 at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy under Minn. Ch. 260A, and the student's case has been referred to juvenile court. A "habitual truant" is a child under 17 years of age who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven school days per school year if the child is in middle school, junior high school or high school, or a child who is 17 years of age who is absent from attendance at    school without lawful excuse for one or more class periods on seven school days per school year and who has not lawfully withdrawn from school under Minn. Stat. 120A.22,Subd. 8.
7. The school district may also terminate the enrollment of a nonresident student over 17 years of age if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under Minn. Stat. 120A.22, Subd. 8.

V.   IN-DISTRICT TRANSFER ENROLLMENT OPTIONS FOR RESIDENT STUDENTS

1. In-District Transfer Defined. In district transfer means enrollment for a student who is a legal resident of the District in a school building other than the building assigned by district attendance boundaries. In-district transfers take precedence over outside enrollment requests.
2. Attendance Area Enrollment. Students are generally enrolled in the school that is designated for the attendance area where their parent/guardian resides. Students who reside within the boundaries of the District will be permitted to attend the schools of said district tuition free.
   
   If the attendance area is changed due to the boundary change process, exceptions to this policy may be made at the discretion of the School Board.
   
   At any point where the residence area and assigned boundary area do not match, transportation of the student becomes the responsibility of the parent/guardian, or student. If space is available on a bus traveling to the school, the student may be picked up at a scheduled stop and ride this bus to the school, and may include corresponding transportation fees.
   
   An employee of the District may elect to have their children attend the school and school feeder path aligned with where they are assigned, coach or advise co-curricular activities.
3. Eligibility and Process for In-District Transfer
   1.  Capacity Limits. Applications for enrollment under the In-District Transfer option will be approved provided that acceptance of the application will not exceed the capacity of a program, class, grade level, or school building. 
   2. Application. The student and parent/guardian must complete and submit an application for In-District Transfer.
       a. The priority application window is December 1 to January 15, for enrollment the following year for consideration.                              Assignments to schools will be made by February 15 and schools will be notified March 15. Parents/guardians must confirm            their intent to enroll by March 1. This obligates the student to attend the new school for one year.
       b. The secondary application window deadline is April 1.
       c. The third application window deadline is June 1.
   
   For secondary and third application window, parents/guardians must confirm the intent to enroll within 30 days of notification of acceptance.
   3. Random Lot 
       a. When the maximum number of applications exceeds the established maximum, approvals will be made by random lot. 
       b. If approved, the student will be eligible to stay in the feeder school path through 12th grade.
    
4. Termination of In-District Transfer Status. The District may terminate the In-District Transfer status of a student if family transportation concerns result in the student being excessively absent or tardy or the student remaining at school past pick up time multiple days. In-District Transfer may also be terminated at district discretion due to health and safety concerns.

Legal References:   

Minn. Stat. § 120A.22, Subd. 3(e) and Subd. 8 (Compulsory Instruction)
Minn. Stat. § 121A.40-121A.56 (The Pupil Fair Dismissal Act)
Minn. Stat. § 124D.03 (Enrollment Options Program)
Minn. Stat. § 124D.08 (School Board Approval to Enroll in Nonresident District; Exceptions)
Minn. Stat. § 124D.68 (Graduation Incentives Program)
Minn. Stat. Ch. 260A (Truancy)
Minn. Stat. § 260C.007, Subd. 19 (Definitions)
Minn. Op. Atty. Gen. 169-f (Aug. 13, 1986) Indep. Sch. Dist. No. 623 v. Minn. Dept. of Educ., Co. No. A05-361, 2005 WL 3111963 (Minn. Ct. App. 2005) (unpublished)
18 U.S.C. 930, para. (g)(2) (Definition of weapon)