Administrative Regulation 501.16A
Administrative Regulation 501.16A
Open Enrollment-Procedures as a Sending District
The parent or guardian of a resident student wishing to open enroll out of the Davenport Community School District, under the Open Enrollment Act of 1989, shall file a formal application with this District.
A. STUDENTS ENTERING FIRST THROUGH TWELFTH GRADE
A parent or guardian wishing to open enroll a student, shall notify the Superintendent or the superintendent’s designee of that intention by filing a formal application on or before March 1st for enrollment in the district of choice the following school year. Parents who have good cause, as defined by law, for failing to meet the March 1st deadline may make an open enrollment request by the Thursday proceeding the third Friday in September.
B. STUDENTS ENTERING KINDERGARTEN
A parent or guardian wishing to open enroll a kindergarten pupil out of the District may make application by the Thursday preceding the third Friday in September of the year in which the child will enter kindergarten.
The application to open enroll out of the District shall be made on application forms developed by the State Department of Education and available at the Davenport Community Schools Administration Service Center. These forms are available beginning the first work day after July 1st in the calendar year prior to the start of the school year desired for open enrollment. The form is also available on the State Department of Education’s website after July 1st. The date of filing of any application for open enrollment shall be recorded on the application.
The Superintendent or superintendent’s designee shall be responsible for reviewing and processing open enrollment requests. The Board will act on applications no later than April 1st of the school year preceding the school year for which the application is made. Action on good cause applications will be taken within twenty business days of receipt. Notice will be provided to the parent/guardian within three business days of the intent of the Davenport Community School District Board’s action and, if approved, the receiving district will be notified within five business days.
Ill. GUIDELINES FOR APPROVAL OR DENIAL
The Davenport Community School District Board’s decision will be based on the impact approval of the application would have on the District’s Diversity Plan. Each fall, the District shall develop ratios which will be based on the number of minority and non-minority students enrolled in the District on the official enrollment count day.
Applications for open enrollment out of the District will not be granted if it is found that the release of the pupil(s) requesting to do so will adversely affect the district’s Diversity Plan.
Applications of students who are eligible to leave the district who are siblings of currently open enrolled students will be given first priority. If one member of a family is selected through this selection process, the names of all other family member applicants who are eligible for open enrollment shall be placed directly under the name of the first family member selected.
Students whose families move to the Davenport Community School District who request continuous open enrollment in their previous district of residence will not be held to the criteria identified above regarding the District’s Diversity Plan.
IV. WITHDRAWALS OF APPLICATIONS/RETURNS TO THE DISTRICT
A parent/guardian may withdraw an application for open enrollment out of the District any time. Upon written notice to both the Davenport Community School District and the receiving district, students who have open enrolled out may return to the Davenport Community Schools.
SPECIAL EDUCATION STUDENTS
A request from parents/guardians to open enroll a special education student out of the Davenport Community School District shall be reviewed on a case-by-case basis. The application to open enroll to another district shall only be considered if the receiving district maintains a special education instructional service which is appropriate to meet the child’s educational needs and the enrollment of the child in the receiving district’s program would not cause the size of the class in that special education instructional program in the receiving district to exceed the maximum class size in rules adopted by the State Board of Education for that program. The District shall pay the receiving district the actual cost incurred in providing the appropriate special education services if open enrollment is approved. If the parent or guardian of the child moves to a different district during the course of the academic year, the child’s first district of residence shall be responsible for payment of the cost, including special education cost, to the receiving district for the balance of the school year for which the move took place.
If the parent questions the appropriateness of the special education service in the resident district, then the parent should request a due process hearing. If the appropriateness of the special education service in the receiving district is at issue, the determination of appropriateness shall be with the Director of Special Education of the Area Education Agency in which the receiving district is located. Questions regarding appropriateness of special education services shall be directed to the Director of Exceptional Education/Federal Programs.
TRANSPORTATION RESPONSIBILITIES OF THE SENDING DISTRICT
It shall be the responsibility of the parent or guardian to provide transportation for the child or children to and from the receiving district. Open enrollment students that meet the economics eligibility requirements for free or reduced priced lunches as established by the Department of Education and the State Board of Education shall receive transportation assistance from the Davenport District as follows:
- The student involved in open enrollment must be enrolled in a district that is contiguous to the Davenport District.
- The Davenport District shall pay the parent or guardian for providing this transportation.
- The Davenport District will not be obligated to expend more that the average cost per pupil transported amount established for the District for the previous school year.
Students who transfer prior to grade 10 will be eligible to participate in Interscholastic Athletic contests. A student who transfers in grades 10 through 12 shall not be eligible to participate in Interscholastic Athletic contests and athletic competitions during the first 90 days of enrollment unless the students resident district does not offer the interscholastic sport.
SUSPENDED OR EXPELLED STUDENTS
The Davenport Community School District may refuse to accept the application of a student who has been suspended or expelled until such time as the student is reinstated in the educational program of the resident district.
The parent or guardian may appeal the decision to the State Board of Education, within 30 days of the decision, only if the application for open enrollment was because of repeated acts of harassment or because the child has a serious health condition that the resident district cannot adequately address and the application is denied. The appeal shall be in the form of an affidavit signed by the parent or guardian, and it shall state in a plain and concise manner what the parent or guardian feels to be the basis for appeal. If the denial is based on a desegregation plan and/or any other reasons, it may be appealed to District Court.
It shall be the responsibility of the Superintendent or the superintendent’s designee to maintain open enrollment request applications and notice forms. It shall also be the responsibility of the Superintendent or the superintendent’s designee to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
- Legal Ref.: Code of Iowa, Chapters 139.9, 274.1, 279.11, 282.1, 282.3, 282.8, 282.18, 299.1(2001)
- Reviewed: 11/02
- Updated: 11/02, 1/03, Revised 7/2015