3080: Nonresident Student Attendance Policy

Gooding Jt. School District No. 231


Nonresident Student Attendance Policy

Students may attend school in other than the resident student’s school under the following circumstances:

  1. State Enrollment Options Program;

  2. When the resident and non-resident districts mutually agree; or

  3. When the resident district and an out-of-state school district mutual agree;

  4. Except when such transfer would work a hardship on the receiving school district State Enrollment Options Program

Whenever the parent or guardian of a student determines it is in the best interest of the student to attend a school other than the student’s resident school, the parent/guardian must apply annually for admission to the non-resident school on a form provided by the State Department of Education. The application, together with the student’s cumulative record, special education file, IEP, or other applicable documents, if any, shall be submitted to the receiving district no later than February 1 for enrollment during the following school year. The February 1 deadline may be modified by mutual agreement of the resident and non-resident school. Notice of the application must be given to the student’s residence district.

Students with disabilities are not treated differently from non-disabled students with respect to consideration for placement in the school of their choice, unless the District has made an individual determination that disability-related needs of a particular student with a disability cannot be reasonably met at the school of their choice due to appropriate consideration of teacher and staff, resources, program availability, hardship to the District, Declaration of Hardship and/or other factors.

An administrator who is knowledgeable of the student, the student’s academic history, the student’s disability who has been designated by the Superintendent shall evaluate data, if any, and/or the placement options. The Designee has discretion to review and accept or deny the Open Enrollment applications on a case by case basis.

The non-resident school will have 60 days in which to consider the application. The district may deny out-of-district student enrollment for circumstances that constitute a hardship, or fall within the scope of any Hardship Declaration including, but not limited to, enlarged student-teacher ratios; overcapacity of any program such as special education, classes, as well as overcapacity of any grade level, or building; or any other factors pertaining to staffing, student-teacher ratios, case load and/or to protect the health, safety, and welfare of its existing students and/or its educational processes. If the application is denied, the non-resident school must provide a written explanation of the denial of enrollment.

No tuition shall be charged when a student attends a non-resident school under the State’s Enrollment Options Program.

The parent/guardian of a non-resident student is responsible for transporting the student to and from the school or to a bus stop within the non-resident district.

Eligibility rules for participating in extracurricular activities shall apply to non-resident students. Any suspended or expelled student will not be eligible to attend a non-resident school under the provisions of this law.

Mutual Agreement of Resident and Non-Resident Idaho Districts

The boards of trustees of a resident and non-resident district may agree in writing, on an annual basis, that students may be allowed to attend school in the non-resident district.

Mutual Agreement of Resident District And An Out-Of-State District

The Board of Trustees may agree in writing, on annual basis, that a resident student attend school in the nearest appropriate school district in a neighboring state. Such agreement shall state the rate of tuition and cost of transportation, if any, to be paid by the District. The agreement will be entered into the records of the Board of Trustees. A copy must be filed with the State Board of Education.

The Board of Trustees may, upon approval of the State Board of Education, enter into an agreement with the governing body of a school district in another state for education and/or transportation of an out-of-state student. The rate of tuition, cost of transportation as well as other appropriate costs shall be specifically addressed in the agreement. The agreement will be entered into the records of the Board of Trustees with a copy to be filed with the State Board of Education.

Hardship Exception

When tuition is to be paid by the resident district, or waived by this District, the District will admit students except when any such transfer would constitute a hardship. In the following circumstances, the District may determine that a hardship exists when acceptance of a non- resident student(s) would:

  1. Require the hiring of additional staff, the provision of educational services not currently provided in the school, or the crowding of existing classes;

  2. Cause an excessive number of students in a particular building (i.e., when the total number of students exceeds the following numbers:

    1. Elementary School –625

    2. Middle School– 335

    3. High School–390

  1. Cause the total enrollment in the District to exceed 1350;

  2. Cause the total enrollment in a particular class to exceed 22;

  3. Cause the teacher-student ratio to exceed 1 to 22;

  4. Cause the total enrollment in a specialized program, including but not limited to special education programs, to exceed the limits below:

    1. 140 total students per program

  1. Would cause disruption of the education process. The District will consider the following criteria in making this determination:

    1. Is the student in good standing with the most recently attended school in terms of conduct and attendance;

    2. Can the student demonstrate a record free of truancy?

    3. Can the student demonstrate a clean behavior record in the school last attended for a period of at least one year?

    4. Would the student’s presence pose a detriment to the health and safety of other students and/or staff;

    5. Has the student been suspended or expelled from any other school district?

Idaho Youth Rehabilitation/Child Protective Act

Any non-resident student placed by court order under the Idaho Youth Rehabilitation Act or the Child Protection Act and residing in a licensed home, agency, or institution located within the District shall be enrolled and shall not be charged tuition.

Homeless Children

Homeless children as defined by the Steward B. McKinney Homeless Assistance Act (P.L. 100- 77), may attend any school district or school within a district without payment of tuition when it is determined to be in the best interest of such homeless child.

Other Conditions

The Board will not admit any student prior to viewing that student’s records from the student’s previous school districts.

The District has the option of accepting a nonresident student who does not meet the criteria set forth herein, if the student agrees to special conditions of admission, as set forth by the District. If a student applies and is accepted in this district from out of district, but fails to attend, that student will be ineligible to apply again for an enrollment option in this district.

The Board will not admit any student who is expelled from another school district.

New or continued enrollment of such open enrollment students will be subject to the District’s discretion and such students may be denied enrollment, re-enrollment, or continued enrollment

in accordance with the District’s Open Enrollment Policy, this District’s Hardship Declaration and/or other factors.

An open enrollment out-of-district student who becomes eligible for special education during the school year will be allowed to complete the school year as an open enrollment student, however, the student may be re-evaluated and/or his or her enrollment status may be reviewed prior to enrollment for the following year, and depending upon circumstances, such enrollment may be denied in accordance with the District’s Open Enrollment Policy, this District’s Hardship Declaration and/or other factors.

Legal Reference: I.C. § 33-1400 et seq. Transfer of Pupils

I.C. § 33-205 Denial of School Attendance

Policy History: Adopted on: 7/17/12 Revised on: 7/10/18

Transcript Request Form

Please initial below to acknowledge that you are the student named above and that you have reviewed the information above and agree that it is accurate. By initialing below you endorse this document as legally binding in accordance with the e-sign bill S.761 and release the below initials in lieu of a signature.
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