2008-2009
Open Enrollment Handbook and Application Form (168.93
KB)
2008-2009
Open Enrollment Application Form (44.47 KB)
2008-2009
Open Enrollment Application Form (79.5 KB)
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Frequently Asked Questions:
Who is responsible for school transportation for an open enrolled student?
The general rule is that the parent/guardian is responsible for transporting the student to and from a point on a school bus route of the receiving district. The receiving district may not send its buses into the sending district to transport an open enrolled student unless the boards of both districts agree. If an open enrolled student’s family qualifies economically for transportation assistance, and if the sending and receiving districts are contiguous, it is the responsibility of the sending district to provide transportation. The sending district may meet this obligation by providing reimbursement to the parent/ guardian. Iowa Code subsection 282.18(10).
What is the deadline by which the board or superintendent of the receiving district must act?
The receiving district must take action to approve or deny a request on or before March 1 for timely-filed requests. An open enrollment request filed after March 1 must be acted upon by the receiving district within 30 days of receipt of the application. Iowa Code subsection 282.18(2); 281 IAC rule 17.3(2).
Open enrollment is the process by which parents/guardians residing in one Iowa school district may enroll their children in another Iowa school district under the terms and conditions of Iowa Code section 282.18 and the administrative rules of the Iowa Department of Education, 281 Iowa Administrative Code chapter 17.
May an open enrolled student return to the district of residence?
Yes. “[A] pupil who has been in attendance in another district under this section may return to the district of residence and enroll at any time, once the parent or guardian has notified the district of residence and the receiving district in writing of the decision to enroll the pupil in the district of residence.” Upon return to the district of residence, the student is ineligible to compete in interscholastic athletics for 90 school days, absent an exception in rule 281 IAC 36.15(3). Iowa Code subsection 282.18(6),(13).
May a receiving district suspend or expel a student who is open enrolled into the district?
Yes; the policies and procedures of the receiving district apply to open enrolled students to the same extent as to regularly enrolled students. If an open enrolled student is suspended or expelled by the receiving district, the student may not transfer back to the resident district or to an alternative-receiving district until reinstated for attendance by the receiving district. 281 IAC rule 17.8(1).
No, as long as the receiving district remains the same, open enrollment to that district continues until the student graduates or until the parents/guardians notifies the district that they desire to terminate open enrollment. Iowa Code subsection 282.18(6).
When does a student’s open enrollment end?
Open enrollment terminates when the student graduates, moves into the receiving district, moves out of state, moves into another Iowa district and chooses to attend the new resident district, attends an accredited nonpublic school, or drops out of school. If a student is placed temporarily in foster care, a juvenile detention center, a treatment facility or similar placement, the open enrollment status will automatically be reinstated when the student returns. 281 IAC rule 17.8(10).
No, open enrollment is to another district, not to a specified attendance center. The receiving district has discretion to determine which attendance center an open- enrolled student shall attend. However, the receiving district may allow the parent/guardian to state a preference as to an attendance center. 281 IAC subrule 17.6(4).
Yes. In that case, the parent/guardian petitions the current receiving district by March 1 of the year preceding the school year for which the change is requested. The receiving district forwards the request to the alternative-receiving district and, if approved, the alternative-receiving district notifies the receiving district and resident district. If the parents wants to change the district in which the student attends after March 1, a petition may be made to the receiving board and alternative board, but neither board is required to approve it if there is no good cause for the late filing. 281 IAC rule 17.8(4).
May a student who requires special education programs or services take advantage of open enrollment?
Yes. The same rules apply, but in addition, the proposed receiving district must have an appropriate special education instructional program for the student and must have adequate classroom space. Iowa Code subsection 282.18(8); 281 IAC rule 17.11.
When may a sending district deny an open enrollment request?
If a district has adopted a desegregation plan and if an enrollment out of the district would adversely impact that plan, the district may disapprove the request. Iowa Code subsections 282.18(2) and 282.18(3).
How does a parent/guardian open enroll a child?
The form to be used is available from the district of residence. The form is also available via the Department’s web site at www.state.ia.us/educate/ecese/asis/ oeindex.html. At that web site, the viewer will find an Open Enrollment handbook (including the application form) available in HTML, Word, and PDF format. The completed form must be filed with both the receiving district and the district of residence by March 1 of the year preceding the school year for which open enrollment is desired. If the district of residence has a desegregation plan, the application must be filed with only the resident district. 281 Iowa Administrative Code rule 17.3(3).
At what age is a student eligible for open enrollment?
Regular education students are eligible for grades K – 12, as well as for pre-Kindergarten programs if the student is 5 years of age on or before September 15. In re Colby Miller, 20 D.o.E. App. Dec. 001. Students who require special education programs or services are eligible from birth to age 21. Iowa Code section 256B.2; 281 IAC rule 17.11.
Which district’s rules and policies govern an open-enrolled student?
Those of the receiving district. 281 IAC subrule 17.8(8).
Who approves or disapproves open enrollment requests?
The superintendent of the receiving district may approve an open enrollment request if the request is timely filed and if the district’s school board allows the superintendent to take this action without formal board approval. If the resident district has a desegregation plan that would be adversely affected by an open enrollment into or out of the district, the superintendent may deny the request. All other denials must be done by receiving district's board action. All other action to approve or deny an open enrollment request, regardless of when filed, is taken solely by the board of the "receiving" district with the exception that late-filed applications that allege pervasive harassment or a severe health need must be filed with and acted on by "both" the resident and receiving districts.
What are the economic eligibility requirements for transportation?
The student is eligible if the household income of the parent/guardian is at or below 160% of federal poverty guidelines for household size. These guidelines are adjusted annually, and are provided to districts each year. 281 IAC subrule 17.9(3).
Are there any exceptions to the March 1 deadline?
Yes, there are two (2) primary categories of exceptions. (1) An open enrollment request for a prospective kindergarten student may be filed with both districts up to the Thursday before September 1 of the school year of enrollment into kindergarten. Iowa Code section 282.18(2); 281 IAC rule 17.7. (2) The other category is having “good cause” to file after March 1. In general, these reasons must relate to a change in the student’s residence or a change in the status of the student’s district of residence. More specifics can be found at Iowa Code subsection 282.18(4)(b) and 281 IAC rule 17.4.
May a student use open enrollment to attend a school district in another state?
No. The Open Enrollment Law is solely for attendance in Iowa school districts. In re Clarke Children, 20 D.o.E. App. Dec. 117(2001).
May a student who was suspended or expelled from one district open enroll into another district?
No, not until the student has been reinstated in the district from which s/he was suspended or expelled. Iowa Code subsection 282.18(14).
Yes, subject to economic eligibility. 281 IAC subrule 17.9(1); see also Timothy H. v. Cedar Rapids Comm. School District, 178 F.3d 968 (8th Cir. 1999).
If the parent/guardian changes the district of residence, the options are to have the student stay in the current receiving district, open enroll the student to another district, enroll the student in a nonpublic school, or enroll the student in the new district of residence.
May a student who receives competent private instruction (CPI) take advantage of open enrollment?
Yes. Refer to 281 IAC rule 31.6.
What are the interscholastic athletic eligibility rules for high school students who open enroll?
In most cases, a high school student who open enrolls is ineligible for interscholastic athletic competition during the student’s first 90 consecutive school days of enrollment in the receiving district. Some, but not all, exceptions to this general rule of ineligibility are as follows: 1. The sport in question is not offered by the sending district. 2. The sending district was dissolved and merged with one or more other districts. 3. The sending district wholegrade shares with another district for the student’s grade level. 4. Before making the open enrollment request, the student has attended the receiving district for at least one year either by paying tuition or under a sharing agreement. 5. The student is a ninth grader. Iowa Code subsection 282.18(13); 281 IAC subrule 17.8(2).
What is the "junior/senior rule"?
This is the section of the Iowa Code that allows 11th and 12th grade non-residents who were residents of the district during the preceding school year to remain in the district, tuition-free, until they graduate. These students do not have to file open enrollment applications to attend their former districts of residence. Iowa Code section 257.6.
Must the sending and receiving districts be contiguous to each other?
No. However, if a student qualifies economically for transportation assistance, the assistance is not required when open enrollment is to a non-contiguous receiving district. 281 IAC subrule 17.9(2).
Are open enrollment forms public documents?
Yes, although districts must remove certain confidential information before releasing the form under the Open Records Law in Iowa. Iowa Code subsection 22.7(1).