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Policy/Regulation Revisions

JCA/JCA-R – Assignment of Students to School, Open Enrollment
and Nonresident Students

EXECUTIVE SUMMARY

Purpose: To bring to the School Board the above policy/regulation for first reading.

In an effort to keep the School Board policies updated, members of the administration
and the Policy Review Committee will continually review the policies and regulations for
items that need to be added, deleted, revised, or in some cases, to update the language.
The referenced policy/regulation has been reviewed by administration and the Policy
Review Committee.
Policy/Regulation JCA/JCA-R – Assignment of Students to School, Open Enrollment
and Nonresident Students is submitted to:

- Update the definition of resident student to include groups of students who are considered
residents as a matter of law (for example, homeless students).
- Add residency verification process requiring new residents to provide documentation to verify
district residency. If documents are unattainable, school staff may initiate a residence
verification check.
- Remove option for students to attend the school in the attendance area assigned to a
parent/guardian’s worksite, when the employer provides daycare without open enrollment.
- Update Open Enrollment processes including: clarify December 1st is the first day the District
will accept applications for the succeeding school year; update process for a student
returning to resident district to match new state law; explain the process in which open
enrollment applications are processed; explain open enrollment process for student in need
of special education services; clarify that out of district students applying to specialized
schools must also apply for open enrollment.
- Update open enrollment capacity determinations for building, class, and programs.

This policy/regulation will require a second reading. It will be posted for public review
on the School District website and will return to the Board November 13, 2018.

Policy Review Recommendation to School Board: Acknowledge first reading of this
policy/regulation with the understanding that it will return for a second reading
November 13, 2018.

Report prepared by: Superintendent’s Office October 8, 2018
Presented by: School Board Member(s) on Policy Review Committee

The School Board directs the Superintendent or 12 designee to implement regulations that address assignment of students to schools. and School Board Policy. Open Enrollment and Nonresident Students 8 9 It is the policy of the Sioux Falls School District to admit and assign students to a 10 particular school according to South Dakota Codified Law.3 28 amended 01-14-91 25889G 29 amended 07-13-92 27112-B7g 30 amended: 10-27-97 28910 31 reviewed: 07-08-02 33291 32 reviewed: 08-25-08 35140 33 reviewed: 02-23-09 35305 34 reviewed: 10-10-11 36191 35 reviewed: 03-12-12 36313 36 reviewed: 08-13-12 36430 37 reviewed: 11-13-12 36494 38 reviewed: 05-12-14 36906 39 reviewed: 08-24-15 37275 40 reviewed: 10-12-15 37308 41 reviewed: 04-14-16 37440 42 reviewed: 06-13-16 37489 43 reviewed: 04-10-17 37738 . 13 open enrollment and admission of nonresident students without payment of tuition. 13-28-School Attendance Privileges and Tuition 16 17 18 19 20 21 Policy Board Action (formerly 5119) 22 adopted: 11-18-68 13227 23 amended: 04-12-76 16631 24 amended: 06-12-78 17643 25 amended: 10-11-82 20517 26 amended: 08-11-86 22947 27 amended 05-14-90 25429Z. Division of Education 11 Regulations. 14 15 Legal References: SDCL Ch. SIOUX FALLS SCHOOL DISTRICT NEPN Code: JCA Policies and Regulations 1 2 3 4 5 Students 6 7 Assignment of Students to School.

students placed at a residence 27 or institution within District boundaries by the Unified Judicial System. 20 21 4. 23 24 5. Nonresident Student: A student seeking free school privileges who is living with an 34 adult who resides within the Sioux Falls School District boundary other than a parent. Nonresident District: A school district in which a student’s parents/legal guardian do 22 not reside. 35 legal guardian or noncustodial parent. 17 18 3. 13 14 2. the 28 Department of Corrections. 43 44 The following documents shall be provided with enrollment in order to prove District 45 residence: 46 47 1. Home Attendance Center (HAC): The school assigned to the attendance area in 12 which a student’s parent or legal guardian resides. SIOUX FALLS SCHOOL DISTRICT 1 2 NEPN Code: JCA-R 3 Policies and Regulations 4 5 Students 6 7 Assignment of Students to Schools. students in 42 foster care. homeless students).g. and Nonresident Students 8 9 Definitions 10 11 1. Open Enrollment. or entities approved by the Department of Social 29 Services. including a foster home. Resident District: The school district in which a student’s parent or legal guardian 19 resides. or the school to which a student is assigned under 16 open enrollment. Resident Student: A student whose parents or legal guardian reside (actually lives) 25 within the Sioux Falls School District boundary. and students within District boundaries 30 determined homeless in accordance with District Policy/Regulation JLG/JLG-R 31 Instruction/Programs for Homeless Students. 32 33 6. 36 37 Assignment of Resident Students to Schools 38 Resident students in the District shall attend school in their HAC unless assigned to 39 another school by the Superintendent or designee. Assigned School: The school to which a student has been assigned by the 15 Superintendent. or designee. Resident Student may also include: 26 emancipated minors living within District boundaries. Address verification: One (1) document in the name of the parent/guardian 51 clearly indicating the address is required to verify an address. Parent/legal guardian Identification: 48 • Government issued photo identification card 49 • Passport 50 2. Documents 52 provided must be current and dated the month of enrollment date or previous . Proof of residence is required at the 40 time of enrollment or any time the school has reason to believe that a student’s address 41 has changed unless the student is entitled to an immediate enrollment (e.

20 21 If a resident student’s residency is created solely for purpose of attending a particular 22 school without intent to reside at that residence. telephone bill. Reasonable verification of address may be established by 2 documentation. 12 voter registration. lease. 27 28 Resident students in need of special education or special education and related 29 services may be assigned by a placement committee to buildings where appropriate 30 education programs exist to meet their needs as specified in the Individualized 31 Education Program (IEP). 32 33 34 35 36 37 38 Change of Residence within District K-12 Boundaries 39 In the event a parent or legal guardian changes legal residence from one HAC to 40 another. pay stub. any of the following: 3 • Utility bills tied to the home 4 • Property tax payment or receipt with parent/guardian name and property 5 address 6 • State/Government agency mail 7 • Rental property contract. including. 24 25 Resident students with special needs may be assigned to designated buildings for 26 achieving access to District programs. one or more of the following will apply: 41 42 1. the District may. 13 • Signed address verification statement on District provided form along with 14 residency verification check by District personnel. or payment receipts 8 • Mortgage document 9 • Homeowner’s insurance policy 10 • Signed address verification statement on District provided form along with 11 one of the following documents showing primary address: bank statement. NEPN Code: JCA-R Page 2 of 11 1 month. elementary students may attend the school in the 18 attendance area assigned to the workplace of the student’s parent or legal guardian on 19 a space available basis. transfer the student to the appropriate HAC. or 45 46 • A student may transfer to HAC of the student’s new residence. For the current year: 43 • A student may remain at the school where the student is enrolled at the time of 44 the change in residence for the remainder of the school year. 15 16 17 If daycare is provided at the work site. . but not limited to. at any time during the 23 school year.

if the applicant is a sibling of a student accepted into and currently enrolled in . When December 1st falls on a Saturday or Sunday. the student must enroll for the 13 succeeding school year at the school in the HAC in which the new residence is 14 located or apply for open enrollment. 20 21 22 23 24 Transportation Outside Student Home Attendance Center 25 When the parent or legal guardian chooses for a student to remain at a school outside 26 of the HAC. For succeeding school years: 3 Elementary and Middle School: If prior to the change in residence. NEPN Code: JCA-R Page 3 of 11 1 2 2. or the student has been assigned to a school pursuant to 28 Policy JK/JK-R. a student has 4 been enrolled for two (2) consecutive quarters in one school term at the school 5 where the student is enrolled at the time of the change in residence. 17 18 The District’s right to change/alter attendance center boundaries overrides any rights 19 created by this section. Open enrollment applications for 39 the succeeding school year will not be accepted prior to this date. The District will 36 accept open enrollment applications for the succeeding school year beginning 37 December 1st. or 9 10 • If prior to the change in residence. seeks assignment to a school outside of the HAC. a student has been enrolled for less than two 11 (2) consecutive quarters in one school term at the school where the student is 12 enrolled at the time of the change in residence. 6-8) by filing the District form 8 with the principal or may transfer to the HAC of the student’s new residence. has been accepted for 27 open enrollment. 15 16 High School: all students must file an application for open enrollment. 30 31 32 Open Enrollment 33 The parent or legal guardian of a South Dakota kindergarten through twelfth grade 34 student who wishes to enroll the student in the District or in a school in the District other 35 than the HAC must complete an application for open enrollment. the District will 38 accept applications beginning the following Monday. the 6 parent/guardian may elect to have their student remain at that school through 7 completion of the school’s respective year span (K-5. 40 41 42 All applications for open enrollment must be submitted to the Assistant Superintendent 43 of Administrative Services on the official application form provided by the South Dakota 44 Department of Education (Open Enrollment Application). the parent or guardian is responsible for transporting the student to and 29 from school without reimbursement. 47 However. 45 46 Open Enrollment Applications will be acted upon in the order they are received.

unless: 30 1. the student’s parent or legal guardian. 7 8 Transfers for approved applications may only take place prior to the last Friday in 9 September during the first semester of any school year and prior to the last Friday in 10 January during the second semester of any school year. shall 37 provide notice and complete the Intent to Return to Resident District form no later than 38 August 1. the parent. the transfer will occur at the start of the second 12 semester. the affected Board(s) or the Board’s designee agree in writing to allow the 31 student to transfer back to the HAC or resident district. legal guardian. Decisions to accept or reject open enrollment requests will be based on 3 the criteria in the “Open Enrollment Application Standards” section of this regulation. . Open Enrollment Applications will be approved on a space available basis 48 at the time the request is considered. the 13 transfer will occur at the start of the following school year. 34 35 If after the conclusion of any school year. 24 25 26 Withdrawal of Open Enrollment Application After Approval 27 Once approved by the District. will be notified within five 6 days of the decision. or emancipated student changes residence to another 33 school district. 41 42 43 Open Enrollment Application Standards 44 The following standards will be used to accept or reject applications for open enrollment 45 in the Sioux Fall School District. 19 20 21 Withdrawal of Open Enrollment Application Before Approval 22 An application may be withdrawn by the applicant prior to approval and upon written 23 notification to the Assistant Superintendent of Administrative Services. Building. a student wishes to return to the HAC or 36 resident district. (2) a student enrolls in the District after the deadline in 16 either semester or (3) the Assistant Superintendent of Administrative Services as the 17 School Board’s designee determines that special circumstances exist and allows a 18 student to transfer after the deadline. a student may be allowed to transfer to student’s HAC or resident district after the 40 deadline. the approved application serves as the applicant’s notice 28 of intent to enroll in the District or desired school within the District and obligates the 29 student to attend the assigned school during the school year. NEPN Code: JCA-R Page 4 of 11 1 the District through open enrollment. that student’s application shall be given priority 2 consideration. For applications approved after the deadline in the second semester. or an emancipated student. or 32 2. For applications approved 11 after the deadline in the first semester. 4 5 The applicant and the resident school board. If the affected Board(s)/Board’s designee determine special circumstances 39 exist. These deadlines for transfer 14 do not apply if (1) a student seeking to transfer to an alternative school or a specialized 15 nonpublic educational program. 46 47 1. if applicable.

NEPN Code: JCA-R Page 5 of 11 1 1. and program capacity . RHS .5 of a student less than the District authorized budgeted 17 staffing ratio for the year multiplied by the number of classrooms in a building. 26 (1) Exception for K-1st District authorized class sized reduction: 20. 1st.2. Actual building. and/or program sizes may be above these ratios because of 7 students living in the HAC. 10th.110. 15 iii) Elementary School: each building capacity shall be determined by multiplying 16 the ratio equal to . 18 19 b) Class Capacity: 20 i) High School: 9th. the 42 Assistant Superintendent of Administrative Services will determine the projected 43 enrollment for each of the buildings and programs.550. 3rd- 25 5th.120. Prior to processing open enrollment applications for the succeeding school year. 27 28 c) Program Capacity: 29 i) Programing for self-contained or out-of-building special education programs 30 or out-of-building regular education programs shall be capped for open 31 enrollment purposes at 75% of the funded student per teacher ratio for the 32 individual programs.28.600. 8 9 3.100 per building.550. and program capacity for open enrollment purposes 10 shall be based on the following guidelines: 11 12 a) Building Capacity: 13 i) High School: LHS . 2nd.120. WHS . 11th.2.200.26. The projected enrollments will . 10th. These projections shall be 44 based on existing staffing and enrollment numbers and will take into account the 45 shift in grade levels and feeder school assignments. 33 ii) Special education resource programs.25. 5 6 2. The approval of an Open Enrollment Application may not result in exceeding 4 the building.5. 22 ii) Middle School: 350 per grade level. Cclass size. class.100.550.27. 21 (1) Exception for NTH: 9th. reduced class size programing for two or 35 more periods a day) shall be capped for open enrollment purposes at 90% of 36 the funded student per teacher ratio for the individual program. related services. 12th. and building capacity restrictions are necessary 2 in order to allow room in schools for students who may move into the attendance 3 area. 23 iii) Elementary School: Grade levels within a building shall not exceed the 24 following average number of students per teacher: K. class. and in-building 34 regular education programs (i. NTH – 450. 11th.200. Each specific building.110.2.e. class and/or program capacity criteria. 12th. 14 ii) Middle School: 1. 37 38 39 Open Enrollment Application Processing 40 41 1.

7 8 3. If a request was 13 previously denied. If a requested building is at capacity. Kindergarten through grade five: The average student to teacher ratio shall not 27 exceed 28 students in a grade level as a result of the combination of HAC students 28 and open enrollment. where K-1 District authorized class size reduction 29 exists. However. Program capacity is based on the type of program. 36 5. 34 4. 26 2. 20 is subject to the criteria listed below. 31 3. An open enrollment transfer may not cause a 37 building or program to exceed capacity. 3 4 2. The application shall be assessed in the 6 following order: building. the present staffing and 18 enrollment numbers shall be used to determine whether the building/class/ program 19 is at capacity for open enrollment purposes. Open Enrollment Applications will then be approved on a space available basis at 5 the time the request is considered. NEPN Code: JCA-R Page 6 of 11 1 be compared against the established capacities to determine the number of open 2 enrollment slots available. Actual class sizes may be 24 above these ratios because of students living in the assigned school attendance 25 area. 15 excluding applications that have been approved for another building. The ratios listed for grade level student to teacher 23 ratios are for Open Enrollment Application purposes only. the average student teacher ratio shall not exceed 20. program.5 of a student less than the District authorized 40 budgeted staffing ratio for the year multiplied by the number of classrooms in a 41 building. Building and/or Program Capacity. . Building capacity for the purpose of making open enrollment decisions is determined 39 by multiplying the ratio equal to . b. 42 7. 43 8. 38 6. For open enrollments requests within the same school year. Student to Teacher Ratio. class. 14 previously denied applications shall be reconsidered in the order originally received. Grade six through grade eight: The average student to teacher ratio for core classes 32 may not exceed 28 students as a result of the combination of HAC students and 33 open enrollment. Grade nine through grade twelve: Acceptance is based on the school’s ability to 35 provide a schedule that meets the individual student’s specific course needs. Enrollment projections shall be updated two times prior to the commencement of the 12 school year: once prior to May 1st and once prior to August 15th. but more slots become available as projections are updated. 21 22 1.5 students as a result 30 of open enrollment. a. 10 11 4. Special education and self-contained specialized behavior programs will 44 be closed to open enrollment when enrollment is at 25% of capacity. the parent/guardian may request the 9 opportunity to be assigned to a building that has capacity for additional students. 16 17 5.

If a requested building is at capacity. 4. the District may deny an open enrollment 17 request for one student and approve a request for another student in the same 18 family. 14 15 7. and specific academic 5 or behavior intervention programs will be closed to open enrollment when enrollment 6 is at 25% of capacity.10. credit recovery. 7 11. except as provided in this 13 regulation. Special Education resource and related service programs will be closed 2 to open enrollment if students cannot be accommodated at current staffing levels or 3 the building is at 50% of programming capacity. all requests must either be 11 approved or denied. 30 31 32 Open Enrollment of Special Education Students 33 An Open Enrollment Application for a student in need of special education or special 34 education and related services may be granted only if. including required transportation. after a review of all relevant 35 student education records and direct communication with the student’s parent or 36 guardian and representatives of the resident district. NEPN Code: JCA-R Page 7 of 11 1 9. 6. 47 . 22 23 12. credit acceleration. 28 14. 4 10. if necessary. Out of District: If two or more students from the same family residing in the same 10 household request open enrollment into the District. Within District: If two or more students from the same family residing in the same 16 household request open enrollment. 5. 40 41 If the request to transfer is granted. the District shall provide or ensure the provision of transportation within the 45 boundaries of the attendance center to which the student is assigned through open 46 enrollment. the District is responsible for the provision of a free 42 appropriate public education for the student in need of special education or special 43 education and related services. No denial of an application may result in children from the 12 same household enrolling in different school districts. If the student requires transportation as a related 44 service. the District Special Education 37 Administration determines that the District can provide an appropriate instructional 38 program and facilities. the parent/guardian may request the 8 opportunity to be assigned to a building that has capacity for additional students. The decision regarding a student’s application for open enrollment or a request 29 to return to the resident district or HAC is subject to appeal in circuit court. 9 6. The rules of the South Dakota High School Activities Association will govern 24 eligibility for participation in activities due to open enrollment. 25 9. 3. Remediation. 19 20 8. to meet the 39 student’s needs. Any student under long term suspension or expulsion will not be allowed to seek 21 open enrollment until the suspension or expulsion is completed. 26 27 13.

class or program as set forth above.g. 8 9 A request to transfer a student in need of special education or special education and 10 related services may be denied ifdenied if an IEP team consisting of representatives 11 from the District and resident district determines that the District cannot provide an 12 appropriate instructional program and facilities. if necessary. Spanish Immersion) will be required to declare one of 45 the following options: 46 (1) attend the assigned school identified by the District. if necessary. 19 20 If a parent or guardian of a student in need of special education or special education 21 and related services requests to transfer the student back to the resident district.Middle/High School 41 Options 42 Each November. the District must initiate an IEP team 5 meeting consisting of representatives from the District and the resident district to 6 determine whether the District can provide an appropriate instructional program. 30 31 32 Submitting/Resubmitting an Open Enrollment Application 33 An Open Enrollment Application must be submitted for the succeeding school year 34 when a parent/guardian moves outside of the District K-12 boundaries after the first 30 35 days of a school term or anytime a student is enrolled as a result of a change in 36 address. the District will 47 identify the assigned school option for the incoming 6th and 9th grade cohorts . 28 the Open Enrollment Application will be considered void and a new Open Enrollment 29 Application must be completed and will be processed as outlined in this regulation.. 5th and 8th grade students attending a school through a school 43 assignment or open enrollment and students attending a District specialized school 44 (e. if 13 necessary. or the student enrolls in another school district or an alternative education 37 program. and required transportation. the Challenge Center. NEPN Code: JCA-R Page 8 of 11 1 If the District Special Education Administration is not able to confirm the provision of an 2 appropriate instructional program. and required transportation. to meet the student’s needs. 15 16 When following the process under this section. 38 39 40 Assigned/Open Enrolled Students/Specialized Schools . Each year. facilities. ACE. 7 facilities. 22 provisions outlined in the “Withdrawal of Open Enrollment” section of this regulation 23 apply. 24 25 If it is determined that a parent or guardian of a student in need of special education or 26 special education and related services submitted an Open Enrollment Application but 27 did not indicate on the application that the student requires special education services. including required transportation. 3 based on the records review and communication with the student’s parent or guardian 4 and representatives of the resident district. A request may be denied based upon capacity 14 of the building. a request can be denied even if the 17 student in need of special education services has a sibling enrolled in the District or if 18 the sibling is an open enrollment applicant.

41 42 Enrollment after an approved request must take place prior to the last Friday in 43 September during the first semester of any school year and prior to the last Friday in 44 January during the second semester of any school year. Students must be accepted through the application process. the enrollment will occur at the start of the second 46 semester. 32 33 Procedure 34 To request that a student is living with someone other than a parent. Sonia Sotomayor. If a declaration is not received by December 1. student’s enrollment will remain with the District 9 at the assigned school identified by the District). the student will be assigned to 4 their the student’s HAC or may apply for open enrollment. 15 16 The District has the following specialized schools/programs that require special 17 application processes: All City Elementary. 21 22 23 24 Acceptance of Nonresident Students without payment of Tuition 25 Nonresident students (student living with someone other than a parent or legal guardian 26 or noncustodial parent) seeking free school privileges must file a Request for Residency 27 Exception annually with the Board or its designee for the student to be accepted into 28 the District. 6 the student will need to submit the Intent to Return to Resident District form to the 7 student’s resident district no later than August 1. or 10 (3) apply for open enrollment. 11 12 Application to Specialized Schools 13 Information on the District’s Specialized Schools/Programs is available on the District’s 14 website. For requests approved after 45 the deadline in the first semester. 9- 3 12). 5 (2) attend their HAC. NEPN Code: JCA-R Page 9 of 11 1 based on capacity and location. and New Technology High 19 School. the . 29 30 Acceptance as a nonresident is a privilege granted by the Board under limited 31 exceptional circumstances and the Board may revoke the privilege at any time. legal guardian or 35 noncustodial parent be accepted as a resident of the District. educational 39 needs and District capacity (including but not limited to building. Out of District 20 Students must also be accepted through the Open Enrollment process. Challenge Center. the assignment 2 will continue through the completion of the school’s respective year span (6-8. For requests approved after the deadline in the second semester. program and class 40 capacity and staffing needs) will make a recommendation to the Board on the Petition. the adult with whom the 36 student is living must complete a Petition for Residence Exception form annually and 37 submit the form to the Assistant Superintendent of Administrative Services who after 38 thorough review of the student’s academic record (including discipline). Middle 18 School Spanish Immersion. (If student’s HAC is outside of the District’s K-12 boundaries. Until the District has received 8 notification of receipt of that form. If a student selects this option. Middle School Honor’s Program.

Failure to do so may result in the nonresident school acceptance 9 being revoked by the Board or its designee. 10 11 If admission is denied. These deadlines for 2 transfer do not apply if the Assistant Superintendent of Administrative Services as the 3 Board’s designee determines that special circumstances exist and allows a student to 4 enroll after the deadline. Sioux Falls. SD 15 57105. 201 East 38th Street. guardian. or noncustodial parent – Petition to 23 local school board. 5 6 If admission is approved. 17 18 Legal References: 13-28-1. The request for a hearing should be sent to 14 the School Board. is punctual and follows the rules and regulations set 8 forth by the District. The request for hearing must be filed within fifteen (15) 13 days of receipt of notification of the denial. The decision of the Board after the hearing is final and may be appealed to 16 circuit court. Instructional Planning Center. the adult with whom the student is living must ensure that the 7 student attends school regularly.1 School residence for free school privileges-Change of 20 residence during school year. the adult making the request may appeal the denial and request 12 a hearing before the Board. 21 13-38-10 School residency of child residing in home other than 22 residence of parents. 13-28-40 through 47 Open Enrollment 25 26 27 Related Policies/Regulations: 28 JK/JK-R – Student Discipline 29 30 Regulation Board Action 31 new: 10-27-97 28910 32 revised: 06-28-99 29379 33 revised: 02-14-00 29511 34 revised: 05-14-01 29855 35 revised: 07-08-02 33291 36 revised: 08-11-03 33611 37 revised: 07-12-04 33879 38 revised: 08-25-08 35140 39 revised: 02-23-09 35305 40 revised: 10-10-11 36191 41 revised: 03-12-12 36313 42 revised: 08-13-12 36430 43 revised: 11-13-12 36494 44 revised: 05-12-14 36906 45 reviewed: 08-24-15 37275 46 revised: 10-12-15 37308 47 reviewed: 04-14-16 37440 .1 Enrolled student defined 19 13-28-9. 24 SDCL Ch. NEPN Code: JCA-R Page 10 of 11 1 enrollment will occur at the start of the following school year.

NEPN Code: JCA-R Page 11 of 11 1 reviewed: 06-13-16 37489 2 revised: 04-10-17 37738 .