Mid-Year Enrollment Transfer Procedure

It means that a parent’s first obligation is to apply for open enrollment during the regular application period, if possible. If the parent was unable to apply during the regular application period for the current school year, the parent may use the exception procedure “in lieu of” applying during the regular application period.

No. The parent must apply for a following school year during the regular application period. The parent may apply for an exception for a current school year if the parent was unable to apply for open enrollment during the regular application period.

Yes, but not for the same school year. An exception to the application period is for the current school year, a regular application is for the next school year. Thus, if a student submits both a regular application and an exceptional application in February 2012, the exceptional application is for the 2011-12 school year and the regular application is for the 2012-13 school year. If the exceptional application for the current school year is approved, the student may then attend the following and succeeding school years without reapplication.

Applications may be submitted to up to three nonresident school districts for a student in the same school year. However, applications submitted to a nonresident school board for a pupil to attend a virtual charter school do not count toward the three nonresident school board limit.

Not in the same school year. A parent who applies under both the regular and alternative procedures during the same school year can only apply to a total of three nonresident school districts, even though the applications may be for different school years. However, applications submitted to a nonresident school board for a pupil to attend a virtual charter school do not count toward the three nonresident school board limit. The parent could wait until the following school year and apply to a different three districts under the exceptions and the regular application period or both, but is again limited to a total of three school districts within a school year (July 1-June 30), even though the applications may be for different school years.

No. Once a student is open enrolled, the student may continue to attend the nonresident school district without annual reapplication. The only time a student needs to apply for the following school year is if the student is entering middle school, junior high or high school and the nonresident school district requires reapplication at those grade levels.

Not unless the student is entering middle school, junior high or high school and the nonresident school district has a policy that requires students to reapply at those grade levels.

While theoretically possible, as a practical matter this would be difficult, because under the exceptional application procedure, the student must attend within 15 days if the application is approved. Given the time frame in which school districts must approve or deny the regular applications (May 1 to June 8) and the time necessary to submit and process exceptions (1-20 days), there may not be enough days left in the current school year for the student to attend.

Such parents should contact the nonresident school district as soon as they have enough information to know they will need to request an exception to the application period. Working together, the nonresident school district and the parent should be able to figure out the optimal time to submit the application.

The statute allows exceptions to the application period. It does not allow a school district to grant exceptions to its space criteria, which would result in arbitrarily approving applications for some students and denying them for others. If a school district denies open enrollment to students during the regular application period and is appealed, the district will be required to provide information about any exceptional applications it received and the action it took. If the department finds that the school district was arbitrary or unreasonable in acting on applications, its decisions made during the regular application period will be overturned on appeal.

Yes. However, once the application is approved, it is approved. If the nonresident school district approves the application before receiving special education and/or expulsion records, the nonresident school district may not be able to then deny the student.

Yes. The resident school district can deny the application for reasons permitted in the statute. Given the timing of the application procedures, it is very possible that students may begin attending the nonresident school district before the resident school district has acted on the application.
If the resident school district later denies the application, the student may no longer attend the nonresident school district, unless the parent files an appeal. If the resident school district denied the application because it does not believe the transfer is in the best interests of the student, the student may continue to attend the nonresident school district pending the outcome of the appeal. If the resident school district denied the application due to undue financial burden of special education costs or because the basis on which the application was submitted does not apply to the student, the student may only stay in the nonresident school district pending appeal if both the resident and nonresident school districts agree to allow the student to do so.

No. A resident school district’s denial may not be arbitrary or unreasonable. If the district has the information to make a decision and unreasonably delays making it, the decision may be overturned by the DPI. The resident school district should make its decision as soon as possible. It is recommended that the district notify the parent of denial within 5 days of receiving an estimate of special education costs or within 5 days of making a determination
that the criteria upon which the application was based do not apply to the student.

The parent may apply based on the best interests of the student and must explain why the transfer is in the best interests of the student. If the nonresident school district agrees and the resident school district does not disagree that the transfer is in the best interests of the student, the application may be approved.

Yes. The statute provides that if the student does not begin attending within 15 days, the nonresident school district “may” notify the parent that the student is no longer approved to attend.
The student remains subject to compulsory school attendance laws. If the student is not attending the resident or nonresident school district, the student must be attending another public, private or home-based private educational program, or must have an excused absence.

This provision requires that the resident school district must have made a finding that the student was the victim of a violent crime. If that finding has not been made, the parent may apply based on the best interests of the student and must explain why the transfer is in the best interests of the student. If the nonresident school district agrees and the resident school district does not disagree that the transfer is in the best interests of the student, the application may be approved.

Yes it does. The student is not required to apply for either open enrollment or a tuition waiver if the student is eligible under McKinney-Vento. However, once the student has permanent housing, McKinney-Vento only allows the student to finish the current school year in the school district of origin. If the student has found permanent housing outside the school district of origin, the student must apply for open enrollment to continue to attend beyond the student’s eligibility under McKinney-Vento and may not have been able to apply during the application period. It could also be the case that the student moved to a different area of the state altogether and is not able to find housing in the desired school district.

It means action taken in an attempt to resolve the issue. If the school district does not take any action, or if the school district and/or parent and/or student take action that does not resolve the issue, the parent may submit an application under this provision.

Only if there was not a regular application period between the date of reporting the bullying to the school district and the date on which the parent wants to apply for the exception to the application period. That is, the parent must apply during the regular application period if the parent is able to do so.

No. If the result of the orders is that the student’s and parent’s residence has changed, the parent may apply.

No. If the changes in residence are the result of military orders, the parent may apply, even if the student’s residence and the parent’s residence end up being different. For example, a parent may be deployed and the student may move in with the other parent or relatives or friends.

No. The provision appears to mean a placement by a court or other authority. If the parent sends the student to live with another person, a school district must determine whether the student is a resident for school purposes.

It applies only if the change is provided for in a court order or custody agreement. However, if the parents agree that it is in the best interests of the student to live with other parent and there is no legal barrier to the student doing so, the parents could then submit an exception to the application period based on the best interests of the student and must explain why the transfer is in the best interests of the student. If the nonresident school district agrees and the resident school district does not disagree that the transfer is in the best interests of the
student, the application may be approved.

A transfer is in the best interests of the student if the parent and nonresident school district agree and the resident school district does not disagree that the transfer is in the student’s best interest.

No. Decisions by the nonresident school district concerning an exceptional application request may not be appealed to the DPI.

The resident school district must notify the parent in writing that the student may not transfer to the nonresident school district and explain why the resident school district believes the transfer is not in the best interests of the student.
The parent may file an appeal with the DPI within 30 calendar days of the date on which the notice was mailed. If the parent does not file an appeal, the student may no longer attend the nonresident school district. If the parent files an appeal, the student may attend or continue to attend the nonresident school district pending the outcome of the appeal.
The parent must explain to the DPI why the parent believes the transfer is in best interests of the student. The resident school district must explain why it believes the transfer is not in the best interests of the student. If the DPI determines that the resident school district’s decision to deny the transfer is not in the best interests of the student, the DPI must notify the parent and the resident and nonresident school districts that the student may attend the nonresident school district.

DPI will review the facts and arguments submitted by the parents and the resident school district and make a decision about whether the transfer is in the best interests of the student. The DPI will not consider any factors that are not related to the best interests of the student. That is, DPI will not consider the financial effect on the resident school district or any other factors, except as they relate to the best interests of the student. The DPI’s decision is final.