Policies and Regulations NEPN Code: JCA-R SFSD Logo

Students
Assignment of Students to School, Open Enrollment and Nonresident Students

Definitions

  1. Home Attendance Center (HAC): The school assigned to the attendance area in which a student’s parent or legal guardian resides.
  2. Assigned School: The school to which a student has been assigned by the Superintendent, or designee, or the school to which a student is assigned under open enrollment.
  3. Resident District: The school district in which a student’s parent or legal guardian resides.
  4. Nonresident District: A school district in which a student’s parents/legal guardian do not reside.
  5. Resident Student: A student whose parents or legal guardian reside within the Sioux Falls School District boundary.
  6. Nonresident Student: A student seeking free school privileges who is living with an adult who resides within the Sioux Falls School District boundary other than a parent, legal guardian or noncustodial parent.

Assignment of Resident Students to Schools
Resident students in the District shall attend school in their HAC unless assigned to another school by the Superintendent or designee.

If daycare is provided at the work site, elementary students may attend the school in the attendance area assigned to the workplace of the student’s parent or legal guardian on a space available basis.

If a resident student’s residency is created solely for purpose of attending a particular school without intent to reside at that residence, the District may, at any time during the school year, transfer the student to the appropriate HAC.

Resident students with special needs may be assigned to designated buildings for achieving access to District programs.

Resident students in need of special education or special education and related services may be assigned by a placement committee to buildings where appropriate education programs exist to meet their needs as specified in the Individualized Education Program (IEP).

Change of Residence within District K-12 Boundaries
In the event a parent or legal guardian changes legal residence from one HAC to another, one or more of the following will apply:

  1. For the current year:
    • A student may remain at the school where the student is enrolled at the time of the change in residence for the remainder of the school year; or
    • A student may transfer to HAC of the student’s new residence.
  2. For succeeding school years:
    Elementary and Middle School: If prior to the change in residence, a student has been enrolled for two (2) consecutive quarters in one school term at the school where the student is enrolled at the time of the change in residence, the parent/guardian may elect to have their student remain at that school through completion of the school’s respective year span (K-5, 6-8) by filing the District form with the principal or may transfer to the HAC of the student’s new residence; or
    • If prior to the change in residence, a student has been enrolled for less than two (2) consecutive quarters in one school term at the school where the student is enrolled at the time of the change in residence, the student must enroll for the succeeding school year at the school in the HAC in which the new residence is located or apply for open enrollment.

High School: all students must file an application for open enrollment.

The District’s right to change/alter attendance center boundaries overrides any rights created by this section.

Transportation Outside Student Home Attendance Center
When the parent or legal guardian chooses for a student to remain at a school outside of the HAC, seeks assignment to a school outside of the HAC, has been accepted for open enrollment, or the student has been assigned to a school pursuant to Policy JK/JK-R, the parent or guardian is responsible for transporting the student to and from school without reimbursement.

Open Enrollment
The parent or legal guardian of a South Dakota kindergarten through twelfth grade student who wishes to enroll the student in the District or in a school in the District other than the HAC must complete an application for open enrollment.

All applications for open enrollment must be submitted to the Assistant Superintendent of Administrative Services on the official application form provided by the South Dakota Department of Education (Open Enrollment Application).

Open Enrollment Applications will be acted upon in the order they are received. However, if the applicant is a sibling of a student accepted into and currently enrolled in the District through open enrollment, that student’s application shall be given priority consideration. Decisions to accept or reject open enrollment requests will be based on the criteria in the “Open Enrollment Application Standards” section of this regulation.

The applicant and the resident school board, if applicable, will be notified within five days of the decision.

Transfers for approved applications may only take place prior to the last Friday in September during the first semester of any school year and prior to the last Friday in January during the second semester of any school year. For applications approved after the deadline in the first semester, the transfer will occur at the start of the second semester. For applications approved after the deadline in the second semester, the transfer will occur at the start of the following school year. These deadlines for transfer do not apply if (1) a student seeking to transfer to an alternative school or a specialized nonpublic educational program; (2) a student enrolls in the District after the deadline in either semester or (3) the Assistant Superintendent of Administrative Services as the School Board’s designee determines that special circumstances exist and allows a student to transfer after the deadline.

Withdrawal of Open Enrollment Application Before Approval
An application may be withdrawn by the applicant prior to approval and upon written notification to the Assistant Superintendent of Administrative Services.

Withdrawal of Open Enrollment Application After Approval
Once approved by the District, the approved application serves as the applicant’s notice of intent to enroll in the District or desired school within the District and obligates the student to attend the assigned school during the school year, unless:

  1. the Board or the Board’s designee agree in writing to allow the student to transfer back to the HAC or resident district; or
  2. the parent, legal guardian, or emancipated student changes residence to another school district.

Open Enrollment Application Standards
The following standards will be used to accept or reject applications for open enrollment in the Sioux Fall School District.

  1. Open Enrollment Applications will be approved on a space available basis at the time the request is considered.
  2. Class size, program capacity, and building capacity restrictions are necessary in order to allow room in schools for students who may move into the attendance area. The approval of an Open Enrollment Application is subject to the criteria listed below.
    1. Student to Teacher Ratio.The ratios listed for grade level student to teacher ratios are for Open Enrollment Application purposes only. Actual class sizes may be above these ratios because of students living in the assigned school attendance area.
      • Kindergarten through grade five: The average student to teacher ratio shall not exceed 28 students in a grade level as a result of the combination of HAC students and open enrollment. However, where K-1 District authorized class size reduction exists, the average student teacher ratio shall not exceed 20.5 students as a result of open enrollment.
      • Grade six through grade eight: The average student to teacher ratio for core classes may not exceed 28 students as a result of the combination of HAC students and open enrollment.
      • Grade nine through grade twelve: Acceptance is based on the school’s ability to provide a schedule that meets the individual student’s specific course needs.
    2. Building and/or Program Capacity. An open enrollment transfer may not cause a building or program to exceed capacity.
      • Building capacity for the purpose of making open enrollment decisions is determined by multiplying the ratio equal to .5 of a student less than the District authorized budgeted staffing ratio for the year multiplied by the number of classrooms in a building.
      • Program capacity is based on the type of program.
        • Special education and self-contained specialized behavior programs will be closed to open enrollment when enrollment is at 25% of capacity.
        • Special Education resource and related service programs will be closed to open enrollment if students cannot be accommodated at current staffing levels or the building is at 50% of programming capacity.
        • Remediation, credit recovery, credit acceleration, and specific academic or behavior intervention programs will be closed to open enrollment when enrollment is at 25% of capacity.
      • If a requested building is at capacity, the parent/guardian may request the opportunity to be assigned to a building that has capacity for additional students.
  3. Out of District: If two or more students from the same family residing in the same household request open enrollment into the District, all requests must either be approved or denied. No denial of an application may result in children from the same household enrolling in different school districts.
  4. Within District: If two or more students from the same family residing in the same household request open enrollment, the District may deny an open enrollment request for one student and approve a request for another student in the same family.
  5. Any student under long term suspension or expulsion will not be allowed to seek open enrollment until the suspension or expulsion is completed.
  6. The rules of the South Dakota High School Activities Association will govern eligibility for participation in activities due to open enrollment.

The decision regarding a student’s application for open enrollment or a request to return to the resident district or HAC is subject to appeal in circuit court.

Open Enrollment of Special Education Students
An Open Enrollment Application for a student in need of special education or special education and related services may be granted only if, after a review of all relevant student education records and direct communication with the student’s parent or guardian and representatives of the resident district, the District Special Education Administration determines that the District can provide an appropriate instructional program and facilities, including required transportation, if necessary, to meet the student’s needs.

If the request to transfer is granted, the District is responsible for the provision of a free appropriate public education for the student in need of special education or special education and related services. If the student requires transportation as a related service, the District shall provide or ensure the provision of transportation within the boundaries of the attendance center to which the student is assigned through open enrollment.

If the District Special Education Administration is not able to confirm the provision of an appropriate instructional program, facilities, and required transportation, if necessary, based on the records review and communication with the student’s parent or guardian and representatives of the resident district, the District must initiate an IEP team meeting consisting of representatives from the District and the resident district to determine whether the District can provide an appropriate instructional program, facilities, and required transportation, if necessary.

A request to transfer a student in need of special education or special education and related services may be denied if an IEP team consisting of representatives from the District and resident district determines that the District cannot provide an appropriate instructional program and facilities, including required transportation, if necessary, to meet the student’s needs. A request may be denied based upon capacity of the building, class or program as set forth above.

If a parent or guardian of a student in need of special education or special education and related services requests to transfer the student back to the resident district, provisions outlined in the “Withdrawal of Open Enrollment” section of this regulation apply.

If it is determined that a parent or guardian of a student in need of special education or special education and related services submitted an Open Enrollment Application but did not indicate on the application that the student requires special education services, the Open Enrollment Application will be considered void and a new Open Enrollment Application must be completed and will be processed as outlined in this regulation.

Submitting/Resubmitting an Open Enrollment Application
An Open Enrollment Application must be submitted for the succeeding school year when a parent/guardian moves outside of the District K-12 boundaries after the first 30 days of a school term or anytime a student is enrolled as a result of a change in address, or the student enrolls in another school district or an alternative education program.

Assigned/Open Enrolled Students/Specialized Schools - Middle/High School Options
Each November, 5th and 8th grade students attending a school through a school assignment or open enrollment and students attending a District specialized school (e.g., the Challenge Center, ACE, Spanish Immersion) will be required to declare one of the following options:

  1. attend the assigned school identified by the District. Each year, the District will identify the assigned school option for the incoming 6th and 9th grade cohorts based on capacity and location. If a student selects this option, the assignment will continue through the completion of the school’s respective year span (6-8, 9-12). If a declaration is not received by December 1, the student will be assigned to their HAC or may apply for open enrollment.
  2. attend their HAC; or
  3. apply for open enrollment.

Acceptance of Nonresident Students without payment of Tuition
Nonresident students (student living with someone other than a parent or legal guardian or noncustodial parent) seeking free school privileges must file a Request for Residency Exception annually with the Board or its designee for the student to be accepted into the District.

Acceptance as a nonresident is a privilege granted by the Board under limited exceptional circumstances and the Board may revoke the privilege at any time.

Procedure
To request that a student is living with someone other than a parent, legal guardian or noncustodial parent be accepted as a resident of the District, the adult with whom the student is living must complete a Petition for Residence Exception form annually and submit the form to the Assistant Superintendent of Administrative Services who after thorough review of the student’s academic record (including discipline), educational needs and District capacity (including but not limited to building, program and class capacity and staffing needs) will make a recommendation to the Board on the Petition.

Enrollment after an approved request must take place prior to the last Friday in September during the first semester of any school year and prior to the last Friday in January during the second semester of any school year. For requests approved after the deadline in the first semester, the enrollment will occur at the start of the second semester. For requests approved after the deadline in the second semester, the enrollment will occur at the start of the following school year. These deadlines for transfer do not apply if the Assistant Superintendent of Administrative Services as the Board’s designee determines that special circumstances exist and allows a student to enroll after the deadline.

If admission is approved, the adult with whom the student is living must ensure that the student attends school regularly, is punctual and follows the rules and regulations set forth by the District. Failure to do so may result in the nonresident school acceptance being revoked by the Board or its designee.

If admission is denied, the adult making the request may appeal the denial and request a hearing before the Board. The request for hearing must be filed within fifteen (15) days of receipt of notification of the denial. The request for a hearing should be sent to the School Board, Instructional Planning Center, 201 East 38th Street, Sioux Falls, SD 57105. The decision of the Board after the hearing is final and may be appealed to circuit court.

 

Legal Reference:

13-28-1.1 Enrolled student defined
13-28-9.1 School residence for free school privileges-Change of residence during school year.
13-38-10 School residency of child residing in home other than residence of parents, guardian, or noncustodial parent – Petition to local school board.
SDCL Ch. 13-28-40 through 47 Open Enrollment

Related Policies/Regulations:

JK/JK-R – Student Discipline

 

Regulation   Board Action
New: 10-27-97 28910
Revised: 06-28-99 29379
Revised: 02-14-00 29511
Revised: 05-14-01 29855
Revised: 07-08-02 33291
Revised: 08-11-03 33611
Revised: 07-12-04 33879
Revised: 08-25-08 35140
Revised: 02-23-09 35305
Revised: 10-10-11 36191
Revised: 03-12-12 36313
Revised: 08-13-12 36430
Revised: 11-13-12 36494
Revised: 05-12-14 36906
Reviewed: 08-24-15 37275
Revised: 10-12-15 37308
Reviewed: 04-14-16 37440
Reviewed: 06-13-16 37489
Revised: 04-10-17 37738
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