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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 second 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.

Policy/Regulation JCA/JCA-R has been posted for public review on the School
District website. No comments have been received.

Policy Review Recommendation to School Board: Approve second reading of this


Policy/Regulation JCA/JCA-R -- Assignment of Students to School, Open Enrollment and
Nonresident Students.

Report prepared by: Superintendent’s Office November 13, 2018


Presented by: School Board Member(s) on Policy Review Committee
SIOUX FALLS SCHOOL DISTRICT
NEPN Code: JCA
Policies and Regulations
1
2
3
4
5 Students
6
7 Assignment of Students to School, 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, Division of Education
11 Regulations, and School Board Policy. The School Board directs the Superintendent or
12 designee to implement regulations that address assignment of students to schools,
13 open enrollment and admission of nonresident students without payment of tuition.
14
15 Legal References: SDCL Ch. 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.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
SIOUX FALLS SCHOOL DISTRICT
1
2 NEPN Code: JCA-R
3 Policies and Regulations
4
5 Students
6
7 Assignment of Students to Schools, Open Enrollment, and Nonresident Students
8
9 Definitions
10
11 1. Home Attendance Center (HAC): The school assigned to the attendance area in
12 which a student’s parent or legal guardian resides.
13
14 2. Assigned School: The school to which a student has been assigned by the
15 Superintendent, or designee, or the school to which a student is assigned under
16 open enrollment.
17
18 3. Resident District: The school district in which a student’s parent or legal guardian
19 resides.
20
21 4. Nonresident District: A school district in which a student’s parents/legal guardian do
22 not reside.
23
24 5. Resident Student: A student whose parents or legal guardian reside (actually lives)
25 within the Sioux Falls School District boundary. Resident Student may also include:
26 emancipated minors living within District boundaries; students placed at a residence
27 or institution within District boundaries by the Unified Judicial System, the
28 Department of Corrections, or entities approved by the Department of Social
29 Services, including a foster home; 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. 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,
35 legal guardian or noncustodial parent.
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. 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.g. students in
42 foster care; homeless students).
43
44 The following documents shall be provided with enrollment in order to prove District
45 residence:
46
47 1. Parent/legal guardian Identification:
48 • Government issued photo identification card
49 • Passport
50 2. Address verification: One (1) document in the name of the parent/guardian
51 clearly indicating the address is required to verify an address. Documents
52 provided must be current and dated the month of enrollment date or previous
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1 month. Reasonable verification of address may be established by


2 documentation, including, but not limited to, 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, lease, 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,
12 voter registration, telephone bill, pay stub.
13 • Signed address verification statement on District provided form along with
14 residency verification check by District personnel.
15
16
17 If daycare is provided at the work site, 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.
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, the District may, at any time during the
23 school year, transfer the student to the appropriate HAC.
24
25 Resident students with special needs may be assigned to designated buildings for
26 achieving access to District programs.
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, one or more of the following will apply:
41
42 1. 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; or
45
46 • A student may transfer to HAC of the student’s new residence.
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1
2 2. For succeeding school years:
3 Elementary and Middle School: If prior to the change in residence, 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, 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, 6-8) by filing the District form
8 with the principal or may transfer to the HAC of the student’s new residence; or
9
10 • If prior to the change in residence, 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, 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.
15
16 High School: all students must file an application for open enrollment.
17
18 The District’s right to change/alter attendance center boundaries overrides any rights
19 created by this section.
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, seeks assignment to a school outside of the HAC, has been accepted for
27 open enrollment, or the student has been assigned to a school pursuant to
28 Policy JK/JK-R, the parent or guardian is responsible for transporting the student to and
29 from school without reimbursement.
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
36 accept open enrollment applications for the succeeding school year beginning
37 December 1st. When December 1st falls on a Saturday or Sunday, the District will
38 accept applications beginning the following Monday. Open enrollment applications for
39 the succeeding school year will not be accepted prior to this date.
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).
45
46 Open Enrollment Applications will be acted upon in the order they are received.
47 However, if the applicant is a sibling of a student accepted into and currently enrolled in
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1 the District through open enrollment, that student’s application shall be given priority
2 consideration. 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.
4
5 The applicant and the resident school board, if applicable, will be notified within five
6 days of the decision.
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. For applications approved
11 after the deadline in the first semester, the transfer will occur at the start of the second
12 semester. For applications approved after the deadline in the second semester, the
13 transfer will occur at the start of the following school year. 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; (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.
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.
24
25
26 Withdrawal of Open Enrollment Application After Approval
27 Once approved by the District, 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, unless:
30 1. 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; or
32 2. the parent, legal guardian, or emancipated student changes residence to another
33 school district.
34
35 If after the conclusion of any school year, a student wishes to return to the HAC or
36 resident district, the student’s parent or legal guardian, or an emancipated student, shall
37 provide notice and complete the Intent to Return to Resident District form no later than
38 August 1. If the affected Board(s)/Board’s designee determine special circumstances
39 exist, a student may be allowed to transfer to student’s HAC or resident district after the
40 deadline.
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.
46
47 1. Building, Open Enrollment Applications will be approved on a space available basis
48 at the time the request is considered.
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1 1. Cclass size, and program capacity , and building capacity restrictions are necessary
2 in order to allow room in schools for students who may move into the attendance
3 area. The approval of an Open Enrollment Application may not result in exceeding
4 the building, class and/or program capacity criteria.
5
6 2. Actual building, class, and/or program sizes may be above these ratios because of
7 students living in the HAC.
8
9 3. Each specific building, class, 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 - 2,100; RHS - 2,200; WHS - 2,200; NTH – 450;
14 ii) Middle School: 1,100 per building;
15 iii) Elementary School: each building capacity shall be determined by multiplying
16 the ratio equal to .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.
18
19 b) Class Capacity:
20 i) High School: 9th- 600; 10th- 550; 11th- 550; 12th- 550;
21 (1) Exception for NTH: 9th- 120; 10th- 120; 11th- 110; 12th- 110;
22 ii) Middle School: 350 per grade level;
23 iii) Elementary School: Grade levels within a building shall not exceed the
24 following average number of students per teacher: K- 25; 1st- 26; 2nd- 27; 3rd-
25 5th- 28;
26 (1) Exception for K-1st District authorized class sized reduction: 20.5.
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.
33 ii) Special education resource programs, related services, and in-building
34 regular education programs (i.e. 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.
37
38
39 Open Enrollment Application Process
40
41 1. Prior to processing open enrollment applications for the succeeding school year, the
42 Assistant Superintendent of Administrative Services will determine the projected
43 enrollment for each of the buildings and programs. These projections shall be
44 based on existing staffing and enrollment numbers and will take into account the
45 shift in grade levels and the movement from District assigned schools. The projected
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1 enrollments will be compared against the established capacities to determine the


2 number of open enrollment slots available.
3
4 2. Open Enrollment Applications will then be approved on a space available basis at
5 the time the request is considered. The application shall be assessed in the
6 following order: building, class, program.
7
8 3. If a requested school is at capacity, the parent/guardian may request the opportunity
9 to be assigned to a school that has capacity for additional students.
10
11 4. 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. If a request was
13 previously denied, but more slots become available as projections are updated,
14 previously denied applications shall be reconsidered in the order originally received,
15 excluding applications that have been approved for another building.
16
17 5. For open enrollments requests to transfer within the same school year, the present
18 staffing and enrollment numbers shall be used to determine whether the
19 building/class/program is at the capacity for open enrollment purposes determined in
20 the Application Standards section of this regulation.
21 is subject to the criteria listed below.
22
23 1. a. Student to Teacher Ratio. The ratios listed for grade level student to teacher
24 ratios are for Open Enrollment Application purposes only. Actual class sizes may be
25 above these ratios because of students living in the assigned school attendance
26 area.
27 2. Kindergarten through grade five: The average student to teacher ratio shall not
28 exceed 28 students in a grade level as a result of the combination of HAC students
29 and open enrollment. However, where K-1 District authorized class size reduction
30 exists, the average student teacher ratio shall not exceed 20.5 students as a result
31 of open enrollment.
32 3. Grade six through grade eight: The average student to teacher ratio for core classes
33 may not exceed 28 students as a result of the combination of HAC students and
34 open enrollment.
35 4. Grade nine through grade twelve: Acceptance is based on the school’s ability to
36 provide a schedule that meets the individual student’s specific course needs.
37 5. b. Building and/or Program Capacity. An open enrollment transfer may not cause a
38 building or program to exceed capacity.
39 6. Building capacity for the purpose of making open enrollment decisions is determined
40 by multiplying the ratio equal to .5 of a student less than the District authorized
41 budgeted staffing ratio for the year multiplied by the number of classrooms in a
42 building.
43 7. Program capacity is based on the type of program.
44 8. Special education and self-contained specialized behavior programs will
45 be closed to open enrollment when enrollment is at 25% of capacity.
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1 9. 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.
4 10. Remediation, credit recovery, credit acceleration, and specific academic
5 or behavior intervention programs will be closed to open enrollment when enrollment
6 is at 25% of capacity.
7 11. If a requested building is at capacity, the parent/guardian may request the
8 opportunity to be assigned to a building that has capacity for additional students.
9 6. 3. Out of District: If two or more students from the same family residing in the same
10 household request open enrollment into the District, all requests must either be
11 approved or denied. No denial of an application may result in children from the
12 same household enrolling in different school districts, except as provided in this
13 regulation.
14
15 7. 4. Within District: If two or more students from the same family residing in the same
16 household request open enrollment, the District may deny an open enrollment
17 request for one student and approve a request for another student in the same
18 family.
19
20 8. 5. Any student under long term suspension or expulsion will not be allowed to seek
21 open enrollment until the suspension or expulsion is completed.
22
23 12. 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.
26
27 13.

28 14.10. 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.
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, 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, the District Special Education
37 Administration determines that the District can provide an appropriate instructional
38 program and facilities, including required transportation, if necessary, to meet the
39 student’s needs.
40
41 If the request to transfer is granted, 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. If the student requires transportation as a related
44 service, 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.
47
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1 If the District Special Education Administration is not able to confirm the provision of an
2 appropriate instructional program, facilities, and required transportation, if necessary,
3 based on the records review and communication with the student’s parent or guardian
4 and representatives of the resident district, 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,
7 facilities, and required transportation, if necessary.
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, including required transportation, if
13 necessary, to meet the student’s needs. A request may be denied based upon capacity
14 of the building, class or program as set forth above.
15
16 When following the process under this section, 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.
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,
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,
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.
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, or the student enrolls in another school district or an alternative education
37 program.
38
39
40 Assigned/Open Enrolled Students/Specialized Schools - Middle/High School
41 Options
42 Each November, 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.g., the Challenge Center, ACE, Spanish Immersion) will be required to declare one of
45 the following options:
46 (1) attend the assigned school identified by the District. Each year, the District will
47 identify the assigned school option for the incoming 6th and 9th grade cohorts
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1 based on capacity and location. If a student selects this option, the assignment
2 will continue through the completion of the school’s respective year span (6-8, 9-
3 12). If a declaration is not received by December 1, the student will be assigned to
4 their the student’s HAC or may apply for open enrollment.
5 (2) attend their HAC. (If student’s HAC is outside of the District’s K-12 boundaries,
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. Until the District has received
8 notification of receipt of that form, student’s enrollment will remain with the District
9 at the assigned school identified by the District); 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.
15
16 The District has the following specialized schools/programs that require special
17 application processes: All City Elementary, Challenge Center, Sonia Sotomayor, Middle
18 School Spanish Immersion, Middle School Honor’s Program, and New Technology High
19 School. Students must be accepted through the application process. Out of District
20 Students must also be accepted through the Open Enrollment process.
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.
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.
32
33 Procedure
34 To request that a student is living with someone other than a parent, legal guardian or
35 noncustodial parent be accepted as a resident of the District, 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), educational
39 needs and District capacity (including but not limited to building, program and class
40 capacity and staffing needs) will make a recommendation to the Board on the Petition.
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. For requests approved after
45 the deadline in the first semester, the enrollment will occur at the start of the second
46 semester. For requests approved after the deadline in the second semester, the
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1 enrollment will occur at the start of the following school year. 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.
5
6 If admission is approved, the adult with whom the student is living must ensure that the
7 student attends school regularly, is punctual and follows the rules and regulations set
8 forth by the District. 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, the adult making the request may appeal the denial and request
12 a hearing before the Board. The request for hearing must be filed within fifteen (15)
13 days of receipt of notification of the denial. The request for a hearing should be sent to
14 the School Board, Instructional Planning Center, 201 East 38th Street, Sioux Falls, SD
15 57105. The decision of the Board after the hearing is final and may be appealed to
16 circuit court.
17
18 Legal References: 13-28-1.1 Enrolled student defined
19 13-28-9.1 School residence for free school privileges-Change of
20 residence during school year.
21 13-38-10 School residency of child residing in home other than
22 residence of parents, guardian, or noncustodial parent – Petition to
23 local school board.
24 SDCL Ch. 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
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1 reviewed: 06-13-16 37489


2 revised: 04-10-17 37738