509 - Enrollment of Nonresident Students

ENROLLMENT OF NONRESIDENT STUDENTS

I. PURPOSE

The school district desires to participate in the Enrollment Options Program (Open
Enrollment) established by Minnesota Statutes, section 124D.03. The purpose of this
policy is to set forth the application and exclusion procedures used by the school district
in making said determination.

II. GENERAL STATEMENT OF POLICY

The school board adopts specific standards for acceptance and rejection of Open Enrollment
applications.

III. OPEN ENROLLMENT PROCESS

A. Open Enrollment applications 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; and

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.

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

IV. BASIS FOR DECISIONS

A. Standards that may be used for rejection of application

In addition to the provisions above, the school district may refuse to allow a pupil who is expelled under Minnesota Statutes, section 121A.45 to enroll during the term
of the expulsion if the student was expelled for:

1. possessing a dangerous weapon, including a weapon, device, instrument,
material, or substance, animate or inanimate, that is used for, or is readily
capable of, causing death or serious bodily injury, except that such term does
not include a pocket knife with a blade less than two and one-half inches in
length, at school or a school function;

2. possessing or using an illegal drug at school or a school function;

3. selling or soliciting the sale of a controlled substance while at school or a
school function; or

4. committing a third-degree assault involving assaulting another and
inflicting substantial bodily harm.

C. 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:

1. previous academic achievement of a student;

2. athletic or extracurricular ability of a student;

3. disabling conditions of a student;

4. a student’s proficiency in the English language;

5. the student’s district of residence except where the district of residence is
directly included in an enrollment options strategy included in an
approved achievement and integration program; or

6. previous disciplinary proceedings involving the student. This shall not
preclude the school district from proceeding with exclusion as set out in
this policy.

D. Application

The student and parent or guardian must complete and submit the “General
Statewide Enrollment Options Application for K-12 and Early Childhood Special
Education (or the Statewide Enrollment Options Application for State-funded
Voluntary Prekindergarten (VPK) or School Readiness Plus (SRP) Application if
applicable) developed by MDE and available on its website.

The school district may require a nonresident student enrolled in a program under
Minnesota Statutes, section 125A.13, or in a preschool program, except for a program under Minnesota Statutes, section 124D.151 or Laws 2017, First Special
Session chapter 5, article 8, section 9, to follow the application procedures under this
subdivision to enroll in kindergarten. A district must allow a nonresident student
enrolled in a program under Minnesota Statutes, section 124D.151 or Laws 2017,
First Special Session chapter 5, article 8, section 9, to remain enrolled in the district
when the student enters kindergarten without submitting annual or periodic
applications, unless the district terminates the student's enrollment under subdivision
12.

The school district shall notify the parent or guardian in writing by February 15 or
within ninety (90) days for applications submitted after January 15 in the case of
achievement and integration district transfers whether the application has been
accepted or rejected. If an application is rejected, the district must state in the
notification the reason for rejection. The parent or guardian must notify the
nonresident district by March 1 or within ten (10) business days whether the pupil
intends to enroll in the nonresident district.

E. Lotteries

If a school district has more applications than available seats at a specific grade
level, it must hold an impartial lottery following the January 15 deadline to
determine which students will receive seats. The district must 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) where:

1. the student’s resident district does not operate a school building;

2. the municipality is located partially or fully within the boundaries of at
least five school districts;

3. the nonresident district in which the student seeks to enroll operates one or
more school buildings within the municipality; and

4. no other nonresident, independent, special, or common school district
operates a school building within the municipality.
The process for the school district lottery must be established by school board
policy and posted on the school district’s website.

F. Exclusion

1. Administrator’s initial determination. If a school district administrator
knows or has reason to believe that an applicant has engaged in conduct
that has subjected or could subject the applicant to expulsion or exclusion
under law or school district policy, the administrator will transmit the
application to the superintendent with a recommendation of whether exclusion proceedings should be initiated.

2.Superintendent’s review. The superintendent may make further inquiries. If
the superintendent determines that the applicant should be admitted, he or
she will notify the applicant and the school board chair. If the
superintendent determines that the applicant should be excluded, the
superintendent will notify the applicant and determine whether the
applicant wishes to continue the application process. Although an
application may not be rejected based on previous disciplinary
proceedings, the school district reserves the right to initiate exclusion
procedures pursuant to the Minnesota Pupil Fair Dismissal Act as
warranted on a case-by-case basis.

G. Termination of Enrollment

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 in a school year if the child
is in elementary school or for one or more class periods on seven school days in
a 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 in a school year
and who has not lawfully withdrawn from school under Minn. Stat. § 120A.22,
Subd. 8.

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.

A student who has not applied for and been accepted for open enrollment pursuant
to this policy and does not otherwise meet the residency requirements for
enrollment may be terminated from enrollment and removed from school. Prior to
removal from school, the school district will send to the student’s parents a written
notice of the school district’s belief that the student is not a resident of the school
district. The notice shall include the facts upon which the belief is based and
notice to the parents of their opportunity to provide documentary evidence, in person
or in writing, of residency to the superintendent or the superintendent’s designee.
The superintendent or the superintendent’s designee will make the final
determination as to the residency status of the student.

Notwithstanding the requirement that an application must be approved by the
board of the nonresident district, a student who has been enrolled in a district,
who is identified as homeless, and whose parent or legal guardian moves to another district, or who is placed in foster care in another school district, may
continue to enroll in the nonresident district without the approval of the board of
the nonresident district. The approval of the board of the student’s resident
district is not required.

Source: Cambridge-Isanti Schools
Legal References: Minn. Stat. § 120A.22, Subd. 3(e) and Subd. 8 (Compulsory Instruction)

Minn. Stat. § 121A.40-121A.56 (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)

Cross References: Policy 506 (Student Discipline)
Policy 517 (Student Recruiting)

Reviewed: 03-21-02, 05-20-04, 02-21-06, 03-22-07, 08-25-15, 06-21-18, 03-24-22
Approved: 04-18-02, 06-29-04, 03-23-06, 04-19-07, 09-24-15, 07-19-18, 04-21-22,

08-24-23