Revised%20po5113%2C%20Open%20Enrollment%20for%20Nonresident%20Students.pdf

Parent document: March 7, 2024 Regular Session-03-07-2024.pdf

Text

ACKSON

COUNTY SCHOOLS

hnovatien. ‘Success.
Book Policy Manual
Section Ready for the Board
Title Copy of OPEN ENROLLMENT FOR NONRESIDENT STUDENTS
Code po5113
Status
Legal West Virginia Board of Education policy 7212

WV Code 18-5-16 and 18-5-16a

Adopted January 22, 2015

Last Revised June 9, 2022

5113 - OPEN ENROLLMENT FOR NONRESIDENT STUDENTS

Nonresident students may be permitted to enroll in a school or program of this County, provided each enrollment is in
accordance with laws and regulations of the State concerning nonresident student enrollment and transfer, the provisions of
this policy, and administrative guidelines established to implement this policy. Student transfers into Jackson County
Schools by nonresident students must be approved by the Jackson County Board of Education.

The receiving county only may deny a transfer application for the following reasons:

A. There is a lack of grade-level capacity in the receiving distretCounty. Lack of grade-level capacity means if approval
of the transfer request would result in the receiving distrietcounty being required to employ additional staff or
compensate a classroom teacher pursuant to WV Code 18-5-18a.

B. Lack of programs or services due to areas identified on the county board's critical need policy.
D, The-nenresident student failed to submit the transfer-application- correctly:

Funding for Nonresident Students

A. If a nonresident student begins attending school in the receiving districtcounty after the second month of the school
year, the receiving distrietcounty may issue, in the following fiscal year, an invoice to the sending distrietcounty_ for
the pro rata amount the receiving distrieecounty would have received under the state basic foundation program had
the nonresident student been included in the receiving dstre#'scounty's net enrollment for the prior year. The
sending distrietcounty shall reimburse the receiving distrietcounty the amount of the invoice.

B. If a nonresident student begins attending school in the receiving districtcounty after the second month of the school
year, the receiving distrietcounty may issue, in the following fiscal year, an invoice to the sending distrietcounty for
the pro rata amount the receiving distretcounty would have received under aid to exceptional students had the
nonresident student been included in the receiving distriet'scounty's net enrollment for the prior year. The sending
distrietcounty shall reimburse the receiving distrietcounty the amount of the invoice.


C. If a nonresident pre-k student begins attending school in the receiving distrietcounty after the child count of
exceptional students is certified for a school year, the receiving districtcounty issue, in the following fiscal year, an
invoice to the sending districtcounty for the pro-rata amount the receiving distrieecounty would have received under
aid to exceptional students had the nonresident student been included in the receiving distreescounty's net
enrollment for the prior year. The sending distrtetcounty shall reimburse the receiving distrietcounty the amount of
the invoice.

Transfer Application Appeals
Any non-resident student whose transfer application is denied may file an appeal with the State Superintendent.

The State Superintendent must receive the transfer application appeal within 30 days of the date the receiving
districtcounty denied the transfer application.

The State Superintendent shall review the transfer application and the receiving districescounty's denial decision and may
hold a hearing if warranted.

The State Superintendent shall issue a decision on the appeal no later than five days prior to the start of a semester. If the
transfer application appeal was not received in time for the State Superintendent to meet this deadline, the State
Superintendent wittshall issue a decision as soon as practicably possible.
A decision issued by the State Superintendent shall be final.
The County may provide transportation to students across county boundaries.
DEFINITIONS:
A. Class/School Size
The restrictions on the number of students in a class/school due to State law, or financial or operating conditions,
and BistrietCounty policy.
B. BistrieECounty Student

A student who resides in this BistretCounty .
C. Nonresident Student

Means a student who resides in the State of WV and who is enrolled in or is seeking enrollment in a distrieEcounty
other than the distrtetcounty in which the student resides.
D. Open Enrollment

Means a policy adopted and implemented by a Board to allow nonresident students to request enrollment in any
school within any school within the County.

E. Program

Any one (1) of the specific course offerings of this BistrieECounty.
F. Program Size

The restrictions on a number of students in a program due to WV law and circumstances unique to that specific
program, and/or financial or operating conditions of the BistrtetCounty.

The implementation of this policy shall comply with relevant State laws and guidelines and establish procedures that provide
for the following:

A. Compliance with Federal and State discrimination laws.

B. Students who have been suspended or expelled from a public or private school in West Virginia or another state,
currently residing within the County, may not be denied enrollment in the County school system unless determined
to be a “dangerous student” under the procedures set forth in WV Code 18A-5-1a. the Superintendent may, in their
discretion, determine the appropriate educational placement, including alternative education services, for these
students (State Superintendent of Schools’ Interpretation of January 26, 2007).

C. Application procedures including the criteria by which applications from intra-state nonresident students shall be
reviewed.


D. Communications with applicants and their parents concerning this policy and the County's guidelines, including the
timelines for application and notification of acceptance or rejection.

E. Athletic eligibility complies with State regulations and the provisions set forth by the West Virginia Secondary
Schools Activities Commission (WVSSAC).

F. Any transportation provided by the County to the intra-state nonresident student takes place within established bus
routes and bus stops within the County.

the. Board's website. The Board reserves the right to modify the conditions under which nonresident enrollment
would continue for any particular program, classroom, or school.

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