1998 Minnesota Statutes

     124D.03 Enrollment options program. 

    Subdivision 1.    Establishment.  An enrollment options 
 program is established to enable any pupil to attend a school or 
 program in a district in which the pupil does not reside, 
 subject to the limitations in this section.  

    Subd. 2.    Limited enrollment of nonresident pupils.  
 (a) A board may, by resolution, limit the enrollment of 
 nonresident pupils in its schools or programs according to this 
 section to a number not less than the lesser of: 

    (1) one percent of the total enrollment at each grade level 
 in the district; or 

    (2) the number of district residents at that grade level 
 enrolled in a nonresident district according to this section.  

    (b) A district that limits enrollment of nonresident pupils 
 under paragraph (a) shall report to the commissioner by July 15 
 on the number of nonresident pupils denied admission due to the 
 limitations on the enrollment of nonresident pupils. 

    Subd. 3.    Pupil application procedures.  In order that 
 a pupil may attend a school or program in a nonresident 
 district, the pupil's parent or guardian must submit an 
 application to the nonresident district.  Before submitting an 
 application, the pupil and the pupil's parent or guardian must 
 explore with a school guidance counselor, or other appropriate 
 staff member employed by the district the pupil is currently 
 attending, the pupil's academic or other reason for applying to 
 enroll in a nonresident district.  The pupil's application must 
 identify the reason for enrolling in the nonresident district.  
 The parent or guardian of a pupil must submit an application by 
 January 15 for initial enrollment beginning the following school 
 year.  The application must be on a form provided by the 
 department of children, families, and learning.  A particular 
 school or program may be requested by the parent.  Once enrolled 
 in a nonresident district, the pupil may remain enrolled and is 
 not required to submit annual or periodic applications.  To 
 return to the resident district or to transfer to a different 
 nonresident district, the parent or guardian of the pupil must 
 provide notice to the resident district or apply to a different 
 nonresident district by January 15 for enrollment beginning the 
 following school year. 

    Subd. 4.    Desegregation district transfers.  (a) This 
 subdivision applies to a transfer into or out of a district that 
 has a desegregation plan approved by the commissioner of 
 children, families, and learning.  

    (b) An application to transfer may be submitted at any time 
 for enrollment beginning at any time. 

    (c) The parent or guardian of a pupil who is a resident of 
 a district that has a desegregation plan must submit an 
 application to the resident district.  If the district accepts 
 the application, it must forward the application to the 
 nonresident district. 

    (d) The parent or guardian of a pupil who applies for 
 enrollment in a nonresident district that has a desegregation 
 plan must submit an application to the nonresident district.  

    (e) Each district must accept or reject an application it 
 receives and notify the parent or guardian in writing within 30 
 calendar days of receiving the application.  A notification of 
 acceptance must include the date enrollment can begin. 

    (f) If an application is rejected, the district must state 
 the reason for rejection in the notification.  If a district 
 that has a desegregation plan rejects an application for a 
 reason related to the desegregation plan, the district must 
 state with specificity how acceptance of the application would 
 result in noncompliance with state board rules with respect to 
 the school or program for which application was made.  

    (g) If an application is accepted, the parent or guardian 
 must notify the nonresident district in writing within 15 
 calendar days of receiving the acceptance whether the pupil 
 intends to enroll in the nonresident district.  Notice of 
 intention to enroll obligates the pupil to enroll in the 
 nonresident district, unless the boards of the resident and 
 nonresident districts agree otherwise.  If a parent or guardian 
 does not notify the nonresident district, the pupil may not 
 enroll in that nonresident district at that time, unless the 
 boards of the resident and nonresident district agree otherwise. 

    (h) Within 15 calendar days of receiving the notice from 
 the parent or guardian, the nonresident district shall notify 
 the resident district in writing of the pupil's intention to 
 enroll in the nonresident district.  

    (i) A pupil enrolled in a nonresident district under this 
 subdivision is not required to make annual or periodic 
 application for enrollment but may remain enrolled in the same 
 district.  A pupil may transfer to the resident district at any 
 time.  

    (j) A pupil enrolled in a nonresident district and applying 
 to transfer into or out of a district that has a desegregation 
 plan must follow the procedures of this subdivision.  For the 
 purposes of this type of transfer, "resident district" means the 
 nonresident district in which the pupil is enrolled at the time 
 of application.  

    (k) A district that has a desegregation plan approved by 
 the state board must accept or reject each individual 
 application in a manner that will enable compliance with its 
 desegregation plan. 

    Subd. 5.    Nonresident district procedures.  A district 
 shall notify the parent or guardian in writing by February 15 
 whether the application has been accepted or rejected.  If an 
 application is rejected, the district must state in the 
 notification the reason for rejection.  The parent or guardian 
 must notify the nonresident district by March 1 whether the 
 pupil intends to enroll in the nonresident district.  Notice of 
 intent to enroll in the nonresident district obligates the pupil 
 to attend the nonresident district during the following school 
 year, unless the boards of the resident and the nonresident 
 districts agree in writing to allow the pupil to transfer back 
 to the resident district, or the pupil's parents or guardians 
 change residence to another district.  If a parent or guardian 
 does not notify the nonresident district, the pupil may not 
 enroll in that nonresident district during the following school 
 year, unless the boards of the resident and nonresident district 
 agree otherwise.  The nonresident district must notify the 
 resident district by March 15 of the pupil's intent to enroll in 
 the nonresident district.  The same procedures apply to a pupil 
 who applies to transfer from one participating nonresident 
 district to another participating nonresident district. 

    Subd. 6.    Basis for decisions.  The board must adopt, 
 by resolution, specific standards for acceptance and rejection 
 of applications.  Standards may include the capacity of a 
 program, class, or school building.  The school board may not 
 reject applications for enrollment in a particular grade level 
 if the nonresident enrollment at that grade level does not 
 exceed the limit set by the board under subdivision 2.  
 Standards may not include previous academic achievement, 
 athletic or other extracurricular ability, disabling conditions, 
 proficiency in the English language, previous disciplinary 
 proceedings, or the student's district of residence. 

    Subd. 7.    Exceptions to deadlines.  Notwithstanding 
 subdivision 3, the following pupil application procedures apply: 

    (a) Upon agreement of the resident and nonresident 
 districts, a pupil may submit an application to a nonresident 
 district after January 15 for enrollment beginning the following 
 school year.  

    (b) If, as a result of entering into, modifying, or 
 terminating an agreement between boards, a pupil is assigned 
 after December 1 to a different school for enrollment beginning 
 at any time, the pupil, the pupil's siblings, or any other pupil 
 residing in the pupil's residence may submit an application to a 
 nonresident district at any time before July 1 for enrollment 
 beginning the following school year. 

    (c) A pupil who becomes a resident of a district after 
 December 1 may submit an application to a nonresident district 
 on January 15 or any time after that date for enrollment 
 beginning any time before the following December 1. 

    (d) If the commissioner of children, families, and learning 
 and the commissioner of human rights determine that the 
 policies, procedures, or practices of a district are in 
 violation of Title VI of the Civil Rights Act of 1964 (Public 
 Law Number 88-352) or chapter 363, any pupil in the district may 
 submit an application to a nonresident district at any time for 
 enrollment beginning at any time. 

    For exceptions under this subdivision, the applicant, the 
 applicant's parent or guardian, the district of residence, and 
 the district of attendance must observe, in a prompt and 
 efficient manner, the application and notice procedures in 
 subdivisions 3 and 5, except that the application and notice 
 deadlines do not apply. 

    Subd. 8.    Transportation.  If requested by the parent 
 of a pupil, the nonresident district shall provide 
 transportation within the district.  

    The resident district is not required to provide or pay for 
 transportation between the pupil's residence and the border of 
 the nonresident district.  A parent may be reimbursed by the 
 nonresident district for the costs of transportation from the 
 pupil's residence to the border of the nonresident district if 
 the pupil is from a family whose income is at or below the 
 poverty level, as determined by the federal government.  The 
 reimbursement may not exceed the pupil's actual cost of 
 transportation or 15 cents per mile traveled, whichever is 
 less.  Reimbursement may not be paid for more than 250 miles per 
 week.  

    At the time a nonresident district notifies a parent or 
 guardian that an application has been accepted under subdivision 
 4 or 5, the nonresident district must provide the parent or 
 guardian with the following information regarding the 
 transportation of nonresident pupils under section 123B.88, 
 subdivision 6. 

    Subd. 9.    Credits toward graduation.  A nonresident 
 district shall accept credits toward graduation that were 
 awarded by another district.  The nonresident district shall 
 award a diploma to a nonresident pupil if the pupil meets its 
 graduation requirements. 

    Subd. 10.    Information.  A district shall make 
 information about the district, schools, programs, policies, and 
 procedures available to all interested people.  

    Subd. 11.    General education aid.  Adjustments to 
 general education aid for the resident and nonresident districts 
 shall be made according to section 127A.47, subdivision 7. 

    HIST: 1988 c 718 art 7 s 8; 1989 c 222 s 1,2; 1989 c 329 art 9 
 s 1-3; 1990 c 562 art 6 s 1,2; 1991 c 130 s 1,2; 1991 c 265 art 
 2 s 1; art 3 s 38; art 9 s 1; 1992 c 499 art 9 s 1; 1993 c 224 
 art 2 s 1; art 13 s 1; 1Sp1995 c 3 art 16 s 13; 1997 c 7 art 1 s 
 43; 1Sp1997 c 4 art 1 s 1; art 5 s 1-4; 1998 c 397 art 1 s 
 9-14,58; art 11 s 3