Policy 3141 OUT OF DISTRICT- “NON-RESIDENT STUDENT(S)” ADMISSION

The Kimberly School District Board of Trustees, in conformance with Idaho Code, sections 33-1402 through 33-1404 hereby adopts written policy guidelines for accepting or rejecting out-of-district students.   

An out-of-district/non-resident student is defined as any student who resides outside the legal school boundaries of District #414. Out-of-district/non-resident students who are accepted into Kimberly Schools shall be accorded all rights and privileges of students who live within the boundaries of Kimberly Public schools. However, out-of-district/non-resident students are guests in the district. Thus, out-of-district/non-resident students, who are a continuous discipline problem or exhibit chronic attendance problems, may be asked to withdraw immediately, from Kimberly Schools and return to their home district/school. This decision would result only after consultation between the school principal, the student, and the parents.
Students may attend school in other than the resident student’s school under the following circumstances:

  1. State Enrollment Options Program; 
  2. When the resident and non-resident districts mutually agree; or 
  3. When the resident district and an out-of-state school district mutual agree; 
  4. Except when such transfer would work a hardship on the receiving school district

 

STATE ENROLLMENT OPTIONS PROGRAM
Whenever the parent or guardian of a student determines it is in the best interest of the student to attend a school other than the student’s resident school, the parent/guardian must apply annually for admission to the out of district/non-resident school on a form provided by the State Department of Education. The application, together with the student’s cumulative record, special education file, IEP, or other applicable documents, if any, shall be submitted to the receiving district no later than February 1 for enrollment during the following school year. The February 1 deadline may be modified by mutual agreement of the resident and out of district/non-resident school. Notice of the application must be given to the student’s residence district. 
Students with disabilities are not treated differently from non-disabled students with respect to consideration for placement in the school of their choice, unless the District has made an individual determination that disability-related needs of a particular student with a disability cannot be reasonably met at the school of their choice due to appropriate consideration of teacher and staff, resources, program availability, hardship to the District, Declaration of Hardship and/or other factors. 
An administrator who is knowledgeable of the student, the student’s academic history, the student’s disability who has been designated by the Superintendent shall evaluate data, if any, and/or the placement options. The Designee has discretion to review and accept or deny the Open Enrollment applications on a case-by-case basis.

The out of district/non-resident school will have 60 days in which to consider the application. The district may deny out-of-district/non-resident student enrollment for circumstances that constitute a hardship, or fall within the scope of any Hardship Declaration including, but not limited to, enlarged student-teacher ratios; overcapacity of any program such as special education, classes, as well as overcapacity of any grade level, or building; or any other factors pertaining to staffing, student-teacher ratios, case load and/or to protect the health, safety, and welfare of its existing students and/or its educational processes. If the application is denied, the out of district/non-resident school must provide a written explanation of the denial of enrollment. 
No tuition shall be charged when a student attends an out of district/non-resident school under the State’s Enrollment Options Program.

MUTUAL AGREEMENT OF RESIDENT AND NON-RESIDENT IDAHO DISTRICTS 
The boards of trustees of a resident and out of district/non-resident district may agree in writing, on an annual basis, that students may be allowed to attend school in the non-resident district. 

MUTUAL AGREEMENT OF RESIDENT DISTRICT AND AN OUT-OF-STATE DISTRICT 
The Board of Trustees may agree in writing, on annual basis, that a resident student attend school in the nearest appropriate school district in a neighboring state. Such agreement shall state the rate of tuition and cost of transportation, if any, to be paid by the District. The agreement will be entered into the records of the Board of Trustees. A copy must be filed with the State Board of Education. 
The Board of Trustees may, upon approval of the State Board of Education, enter into an agreement with the governing body of a school district in another state for education and/or transportation of an out-of-state student. The rate of tuition, cost of transportation as well as other appropriate costs shall be specifically addressed in the agreement. The agreement will be entered into the records of the Board of Trustees with a copy to be filed with the State Board of Education.
Out of District/non-resident students must make application annually. Continued enrollment in the Kimberly School District will include continued adherence to school rules and regulations. Generally allowing a pupil to continue their education in the same school environment is in the best interest of the student. However, the district will annually assess the capacity of specific grade levels and programs to assure a reasonable class size is maintained. This annual assessment may necessitate the rejection or transfer to another school of an out-of-district/non-resident student’s attendance agreement for the subsequent year.  Children of employees will be placed at a school based on considerations that best meet the needs of the district and employee and will stay at the school originally placed unless extenuating circumstances exist.

ADMISSION PROCEDURES
The Kimberly School District may accept new out of district applications for any school in the district. Placement decisions will be based upon current enrollment capacities Preference given to siblings already enrolled in KSD.
Out of district application forms are available at the Kimberly School District Office.  Based upon mutually agreed upon waivers, applications will be accepted at any time throughout the school year, although the general period for accepting applications will be by the 1st Monday in April for the following school year.  
For students who live outside the Kimberly School District boundaries, the parent/guardian completes the out of district application form and submits it to the Kimberly School District Office.  The parent/guardian must give notice to the home school. 

REVIEW APPROVAL PROCESS
Any student desiring to continue attending the Kimberly School District from an out-of-district school and any new out-of-district student applying for admission must meet certain criteria as listed below:

  1. Request, complete, and submit a new Out of District Enrollment Application.
  2. Out of district high school students understand they must meet the current KHS graduation policy and be on track to graduate with their class.
  3. A copy of the student’s latest report card may be required to be attached with the new applications.
  4. Annual applications for students who wish to continue attending a Kimberly School District School must be returned to the district by the 1st Monday in April and the parent or guardian will be notified of their child’s acceptance or rejection on or before the last Friday in May.
  5. Applications for new out of district must be returned to the district and the parent or guardian will be notified of their child’s acceptance or rejection on or before the 1st day of school.

The following criteria will be utilized in rejecting out-of-district/non-resident students under ordinary conditions at any time:

  1. Students who have been suspended.
  2. Students with a record of drug, alcohol, and/or tobacco abuse.
  3. Students suspected of being involved with weapons, explosives, or gang activities.
  4. Students who have a record of fighting, or are incorrigible.
  5. Students who have a record of continuous discipline problems or have exhibited chronic attendance problems.
  6. Students who are not making academic progress.
  7. Students who have undergone, or are undergoing formal juvenile court proceedings as a violator of the law. Possible exceptions to this rule being the placement of student(s) into a recognized foster home within the Kimberly School District boundaries by the Idaho Health and Welfare Department under the Youth Rehabilitation or Child Protection Act.
  8. Any student(s) owing money or materials to the Kimberly school district.
  9. Students who have committed vandalism and/or theft.
  10. Students residing in the Kimberly School District will be admitted prior to out of district/non-resident students. If after new students are enrolled, the school or grade level will exceed maximum building capacity, as listed below, the student requesting new or continuing out of district application may be rejected. However, after formal notification of acceptance for the next year, the out of district/non-resident student will be allowed to finish that academic school year
    Name of School Grades Maximum Capacity
    Kimberly Elementary P-5 525 students
    Stricker Elementary K-5 525 students
    Kimberly Middle School 6-8 400 students
    Kimberly High School 9-12 475 students
     
    Ratios Grades Maximum
    School Grades K-3 23-1
    School Grades 4-5 26-1
    School Grades 6-8 120 students per teacher per day
    School Grades 9-12 120 students per teacher per day

    Students beyond the maximum program size as listed below:*
    *Special Education
    Pre-School 15 students (per class)
    Elementary 15 students (per teacher)
    Middle School 15 students (per teacher)
    High School 15 students (per teacher)
    Extended 6 students (per teacher)
  11. The principals and district administrators are authorized to exceed specific class size or program numbers, provided the count at each grade level/program remains balanced and total enrollment for the school is not exceeded.
  12. Students who cease attending or drop out during the school year will not be re-enrolled or reactivated during the rest of that school year.
  13. High School Students must be “on track” for graduation, with no deficiencies in the total number of credits required for graduation and no deficiencies in required core courses. Elementary and Middle School students must pass all core classes.
  14. Students who move from the district during the year must make application to continue the school year as an out of district student. Continued enrollment is subject to this policy concerning “admission procedures” as an “out of district student.”
  15. Parents/students who falsify their address will be asked to withdraw immediately, once the school becomes aware of their actions.

Exceptions to the above capacity limits or ratios, in prioritized form, shall include the following:

  1. Out-of-district/non-resident pupils whose parents are an employee of Kimberly School District or Rise Charter School. For purposes of this policy an employee is defined as being scheduled for employment a minimum of 15 hours a week during the school year or has accepted a supplemental contract with the school district. Employees must adhere to admission procedures as outlined above.
  2. District to district agreements wherein a sending school district contracts with a receiving school district to educate a specific individual(s) or groups.
  3. Students who reside out of the district, but whose parents own property in the district and have plans to build a residence on that property, and the building permit has been issued, will be recognized as a student who resides in the district. Parents still must file an out of district enrollment form. If at the end of one year, the residence is still not completed, the student’s status will be reviewed.

HARDSHIP EXCEPTION
When tuition is to be paid by the resident district, or waived by this District, the District will admit students except when any such transfer would constitute a hardship. In the following circumstances, the District may determine that a hardship exists when acceptance of a non-resident student(s) would: 

  1. Require the hiring of additional staff, the provision of educational services not currently provided in the school, or the crowding of existing classes; 
  2. Cause an excessive number of students in a particular building or program (i.e., when the total number of students exceeds the building or program numbers as noted above.
  3. Would cause disruption of the education process. The District will consider the following criteria in making this determination: 
    • Is the student in good standing with the most recently attended school in terms of academics, conduct and attendance; 
    • Can the student demonstrate a record free of truancy; 
    • Can the student demonstrate a clean behavior record in the school last attended for a period of at least one year; 
    • Would the student’s presence pose a detriment to the health and safety of other students and/or staff; 
    • Has the student been suspended or expelled from any other school district?

IDAHO YOUTH REHABILITATION/CHILD PROTECTIVE ACT 
Any out of district/non-resident student placed by court order under the Idaho Youth Rehabilitation Act or the Child Protection Act and residing in a licensed home, agency, or institution located within the District shall be enrolled and shall not be charged tuition. 

HOMELESS CHILDREN 
Homeless children as defined by the Steward B. McKinney Homeless Assistance Act (P.L. 100- 77), may attend any school district or school within a district without payment of tuition when it is determined to be in the best interest of such homeless child.
TRANSPORTATION
Parents or guardians of a student accepted under this enrollment policy will be responsible for transporting the accepted student.  IF bus space is available, then the students accepted under the enrollment policy may be transported from an appropriate, established bus stop within the district boundaries. 
VARSITY SPORTS
It is recommended that a student who is considering submitting an enrollment application to this district, and who anticipates participating in a sport governed by the Idaho High School Activities Association (IHSAA) should review IHSAA rules prior to submitting their open enrollment application.  Certain school transfers could lead to a student being ineligible to play at the varsity level for one year.
OTHER CONDITIONS 
The Board will not admit any student prior to viewing that student’s records from the student’s previous school districts. 
The District has the option of accepting an out of district/non-resident student who does not meet the criteria set forth herein, if the student agrees to special conditions of admission, as set forth by the District. If a student applies and is accepted in this district from out of district, but fails to attend, that student will be ineligible to apply again for an enrollment option in this district. 
The Board will not admit any student who is expelled from another school district. 
New or continued enrollment of such open enrollment students will be subject to the District’s discretion and such students may be denied enrollment, re-enrollment, or continued enrollment in accordance with the District’s Open Enrollment Policy, this District’s Hardship Declaration and/or other factors. 
An open enrollment out-of-district/ non-resident student who becomes eligible for special education during the school year will be allowed to complete the school year as an open enrollment student, however, the student may be re-evaluated and/or his or her enrollment status may be reviewed prior to enrollment for the following year, and depending upon circumstances, such enrollment may be denied in accordance with the District’s Open Enrollment Policy, this District’s Hardship Declaration and/or other factors.

Legal Reference:
Idaho Code, sections 33-1402, through 33-1404.

Policy History:
Approved May 1994; 
Revision: April 1997; March 1998; June 1999; March 2001; April 18, 2002; March 20, 2003; April 8, 2003; April 3, 2008; April 16, 2009; Nov 13, 2012; February 21, 2013; Dec. 17, 2014 July 20, 2016: Oct. 19, 2016; August 16, 2017, February 20, 2018, August 15, 2018, August 19, 2021.