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505 ENROLLMENT OF NON-RESIDENT STUDENTS

Revised: 10/12/2005 Revised: 1/11/2011 The school district desires to participate in the Enrollment Options Program established by MN Statute 120.062 and the Agreements Between School Boards established by MN Statute 120.0752. It is the purpose of this policy to set forth the application and exclusion procedures used by the school district in making said determinations. The District welcomes all students. In doing so, the administration strives to place all potential students into the appropriate setting/grade based on the student’s school records. As a result, all school records must be obtained by the South Koochiching-Rainy River School District prior to the acceptance of a non-resident student. In cases involving students with an Individualized Educational Program, District special education staff and the building administrator will review all documents, identify available staff/resources necessary to meet the individual needs of the student, and in the case of students with behavioral concerns, develop a Positive Support Plan based on the most recent evaluation data. The Positive Support Plan will be in place prior to the student starting school. General Statement of Policy for Open Enrollment A. Open Enrollment Eligibility The staff and administration of our District believes that all students can learn and should be welcomed to our District. Placement decisions and positive student supports will be made based on the most current student records and due process forms prior to a student’s start date. We feel this will protect all students from being placed in a less than appropriate setting that might be a barrier to that student’s ability to succeed. Applications for enrollment under the Enrollment Options Program (Open Enrollment) law will be approved provided that acceptance of the application will not exceed the capacity of a program, 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 (see Policy 607) 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. Statute 124D.03; and 3. The applicant is not otherwise excluded by action of the school district because of previous conduct in another school district. B. Standards that may be used for rejection of application. In addition to the provisions of Paragraph A.2., the school district may refuse to allow a pupil who is expelled under 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, instruments, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, with the exception of a pocket knife with a blade less that 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; or 6. Previous disciplinary proceedings involving the student. This shall not preclude the school district from proceeding with exclusion as set out in Section E of this policy. D. Application The student and parent or guardian must complete and submit a School District Enrollment Options Program application developed by the Minnesota Department of Education. E. 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. F. General Statement of Policy For Non-Resident Student Attendance Agreement 1. Non-Resident Student Attendance Agreement: Students applying for admission to a school in the South Koochiching/Rainy River School District after the first student day of a school year must apply for admission as a non-resident student. Enrollment as a non-resident student will be approved provided that a non-resident student attendance agreement form has been approved by the South Koochiching/Rainy River School District and by the student's resident district. Applicants will be considered provided that: a. Space is available for the applicant under enrollment cap standards established by school board policy (see Policy 607) or other directive; and b. Space is available for the applicant in a particular program; c. The applicant is not otherwise excluded by action of the school district because of previous conduct in another school district; d. A Non-Resident Student Attendance Agreement is completed and the resident district has agreed to sign off on this form; e. A release has been signed by the student's parent/guardian, so that a copy of the student's complete transcript, health records, and any special education records can be accessed by the South Koochiching/Rainy River School District. Students will not be admitted until these records have been obtained from districts of prior attendance. f. He or she is not currently suspended, expelled or excluded from a prior school of attendance. g. Non-resident students leaving the South Koochiching/Rainy River District by transferring to another school will not be re-admitted into the South Koochiching/Rainy River School District, during the school year of their leaving. h. For the Northome School: The first day that a student will be eligible to be enrolled, will be during the first week of school or the first week of the second semester. For the Indus School: The first day that a student will be eligible to be enrolled will be during the first week of school or the first week of each quarter. 2. Approval/Non-Approval of Applications a. Administrator's Initial Determination: The school district administrator will contact the superintendent with his or her recommendation, based upon the criteria established in Section F-General Statement of Policy for Non-Resident Student Attendance Agreement. b. Superintendent's Review: The superintendent may make further inquiry. 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 not be admitted, the superintendent will notify the applicant. 3. Exceptions: Each individual non-resident application will be assessed by the school administration to determine exceptions that may be made to this policy. (Example: The student began the current school year as a resident student and then his/her parent/guardian moved out of the school district and would like to have his/her son/daughter remain a student of the South Koochiching/Rainy River School District or the student moved into the area during a quarter). G. 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 16 years of age who is absent from attendance at school without lawful excuse for seven school days if the child is in elementary school or for one or more class periods on seven school days if the child is in middle school, junior high school, or high school, or a child who is 16 or 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days 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 16 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. 3. 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.

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