School District Enrollment Option Act
In 1993 the Missouri Legislature enacted House Bill 1218, the "School District Enrollment Option Act." The provisions of this bill have been incorporated into the statutes as Sections 162.1040 through 162.1059. This material is prepared by the Department of Elementary and Secondary Education to assist local school officials. This information is advisory only. Table of Contents:1. What is an enrollment option plan? 1. What is an enrollment option plan? Section 162.1042, RSMo, defines an "Enrollment Option Plan" as a cooperative agreement whereby two school districts establish a cooperative agreement to send or receive, or send and receive, each other’s students. The enrollment plan must be agreed to by all of the participating districts. 2. Does there need to be a formal contract? Section 432.070, RSMo, requires that any contract or agreement entered into by school districts be in writing and executed by an authorized agent. For school districts, the agreements should be executed by the President and Secretary of the Board. 3. What school districts are affected? Section 162.1040, RSMo, provides that nothing under the "Elementary and Secondary School District Enrollment Option Act shall apply to any school district in a county of the first classification having a charter form of government, nor to any school district within the city of St. Louis." 4. Who can participate in the plan? Section 162.1052, RSMo, authorizes the district to reject applications for students who live more than ten miles from the receiving district or who live closer to the school building in their sending district which they would attend than the building in the receiving district which they would attend if accepted by the receiving district. If this limitation is to be used as a criteria for acceptance, it should be specified in the agreement and referenced in any materials distributed to students and their parents. Section 162.1045 (2), RSMo, provides that no enrollment option plan may be designed to include or exclude a nonresident pupil solely based upon academic ability, or any level of athletic, artistic, or other extracurricular skills, disability, or degree of proficiency in the English language. Section 162.1045 (2), RSMo, provides that no enrollment option plan may be designed to include or exclude a non resident pupil solely based on the fact that the student has been the subject of disciplinary proceedings, except that if an applicant has been suspended or expelled for ten consecutive days or more in the term for which admission is sought or in the term immediately preceding the term for which admission is sought, the procedures may include a provision denying admission of such applicant as a nonresident student. If this limitation is to be used as a criteria for acceptance, it should be specified in the agreement and referenced in any materials distributed to students and their parents. 5. What should be contained in the application process? The application should contain the applicant’s name, address, home telephone number, parent or guardian’s name, home school district, age, and grade level. A student’s transcript should also be attached to the application. It is suggested that the sending school district set an application deadline of on or before April 1 prior to the year of enrollment. Both the sending and receiving districts should receive a copy of the application. The superintendent of schools of the receiving district may be authorized by the board of education as the acting agent on behalf of the district to grant or reject acceptance. It is suggested that each application contain a certification of the student, that he or she has not been solicited by the receiving district, and that he or she understands that such solicitation voids the acceptance and would require that the student be returned to the sending district. 6. What is the length of the agreement? The agreement should specify whether a student’s acceptance by the receiving district constitutes acceptance of the student for the remainder of the student’s schooling through grade twelve or only for a set term of enrollment. The agreement should also define whether a student’s withdrawal from the receiving school district terminates the acceptance. 7. Do resident students have preference with enrolling in programs where access is limited? Section 162.1045 (2)(b), RSMo, provides that resident students shall have preference over nonresident pupils until such time that the nonresident becomes a ‘resident pupil’ for state aid purposes by admission to a school district. This preference should be specified in the agreement and referenced in any materials distributed to students and their parents. After acceptance, a student admitted under an agreement pursuant to the Act shall be treated as a resident student without exception. 8. How many students may participate? It is suggested that the agreement open each school district to any eligible as long as the number of students from this or other sending districts does not exceed the capacity or limit guidelines established. The capacity of each building, course, class section, grade level, program or limits on individual teacher-student contact hours shall be established by each district before entering into this agreement. The capacities and limits should become an addendum to this document. In cases where the capacity or limit would be exceeded, it is suggested that acceptance be by a "blind" drawing until the limited number of students have been admitted. 9. How are parents notified on acceptance or rejection? The enrollment option plan shall specify all standards used for acceptance or rejection of an application. If an application is rejected, the receiving district shall provide notice to the sending district (district of domicile) and to the parent. That notice states in the notification the reason for the rejection. If an application is accepted, the receiving district shall provide notice of the acceptance to the sending district (district of domicile) and to the parent. 10. How are credits transferred? Section 162.1049, RSMo, provides that the nonresident district and resident district shall accept each other’s credit. A nonresident district shall accept all credits toward promotion or graduation awarded by a district of residence. If a student returns to the student’s district of residence prior to graduation, the district of residence shall accept all credits issued by an enrollment option district.
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