State Codes and Statutes
Statutes > Utah > Title-53a > Chapter-02 > 53a-2-20753A-2-207. Open enrollment options -- Procedures -- Processing fee -- Continuingenrollment.
(1) Each local school board is responsible for providing educational services consistentwith Utah state law and rules of the State Board of Education for each student who resides in thedistrict and, as provided in this section through Section 53A-2-213 and to the extent reasonablyfeasible, for any student who resides in another district in the state and desires to attend a schoolin the district.
(2) (a) A school is open for enrollment of nonresident students if the enrollment level isat or below the open enrollment threshold.
(b) If a school's enrollment falls below the open enrollment threshold, the local schoolboard shall allow a nonresident student to enroll in the school.
(3) A local school board may allow enrollment of nonresident students in a school that isoperating above the open enrollment threshold.
(4) (a) A local school board shall adopt policies describing procedures for nonresidentstudents to follow in applying for entry into the district's schools.
(b) Those procedures shall provide, as a minimum, for:
(i) distribution to interested parties of information about the school or school district andhow to apply for admission;
(ii) use of standard application forms prescribed by the State Board of Education;
(iii) submission of applications from December 1 through the third Friday in February bythose seeking admission during the early enrollment period for the following year;
(iv) submission of applications by those seeking admission during the late enrollmentperiod;
(v) written notification to the student's parent or legal guardian of acceptance or rejectionof 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 Fridaybefore the new school year begins, whichever is later, for applications submitted during the lateenrollment period for admission in the next school year; and
(C) within two weeks after receipt of the application by the district, for applicationssubmitted during the late enrollment period for admission in the current year; and
(vi) written notification to the resident school for intradistrict transfers or the residentdistrict for interdistrict transfers upon acceptance of a nonresident student for enrollment.
(c) (i) Notwithstanding the dates established in Subsection (4)(b) for submittingapplications and notifying parents of acceptance or rejection of an application, a local schoolboard may delay the dates if a local school board is not able to make a reasonably accurateprojection of the early enrollment school capacity or late enrollment school capacity of a schooldue to:
(A) school construction or remodeling;
(B) drawing or revision of school boundaries; or
(C) other circumstances beyond the control of the local school board.
(ii) The delay may extend no later than four weeks beyond the date the local school boardis able to make a reasonably accurate projection of the early enrollment school capacity or lateenrollment school capacity of a school.
(5) A school district may charge a one-time $5 processing fee, to be paid at the time ofapplication.
(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 insubsequent 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 openenrollment threshold.
(7) (a) Determination of which nonresident students will be excluded from continuedenrollment in a school during a subsequent year under Subsection (6)(d) is based upon time inthe school, with those most recently enrolled being excluded first and the use of a lottery systemwhen multiple nonresident students have the same number of school days in the school.
(b) Nonresident students who will not be permitted to continue their enrollment shall benotified no later than March 15 of the current school year.
(8) The parent or guardian of a student enrolled in a school that is not the student's schoolof residence may withdraw the student from that school for enrollment in another public schoolby submitting notice of intent to enroll the student in:
(a) the district of residence; or
(b) another nonresident district.
(9) Unless provisions have previously been made for enrollment in another school, anonresident district releasing a student from enrollment shall immediately notify the district ofresidence, which shall enroll the student in the resident district and take such additional steps asmay be necessary to ensure compliance with laws governing school attendance.
(10) (a) Except as provided in Subsection (10)(c), a student who transfers betweenschools, whether effective on the first day of the school year or after the school year has begun,by exercising an open enrollment option under this section may not transfer to a different schoolduring the same school year by exercising an open enrollment option under this section.
(b) The restriction on transfers specified in Subsection (10)(a) does not apply to a studenttransfer made for health or safety reasons.
(c) A local school board may adopt a policy allowing a student to exercise an openenrollment option more than once in a school year.
(11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a schoolthat is not the student's school of residence, because school bus service is not provided betweenthe student's neighborhood and school of residence for safety reasons:
(a) shall be allowed to continue to attend the school until the student finishes the highestgrade level offered; and
(b) shall be allowed to attend the middle school, junior high school, or high school intowhich the school's students feed until the student graduates from high school.
(12) Notwithstanding any other provision of this part, a student shall be allowed to enrollin any charter school or other public school in any district, including a district where the studentdoes not reside, if the enrollment is necessary, as determined by the Division of Child and FamilyServices, to comply with the provisions of 42 U.S.C. Section 675.
Amended by Chapter 161, 2009 General Session
