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Open Enrollment Refresher (February 2018, School Leader Update)

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In preparation for the March 1st Open Enrollment deadline this year the DE is issuing a press release to the media to highlight this statutory deadline to parents.  To prepare districts for this release here is a rerun summary of the duties of school districts that receive late-filed open enrollment applications.  

ALL of the following information comes from the DE’s Open Enrollment Handbook.

For more information about open enrollment, you may look on our website under Open Enrollment.

The table below indicates which district takes action:

 

Receiving District

Resident District

OE filed on or before March 1

X

 

OE filed after March 1

X

 

OE filed after March 1 and alleges pervasive harassment or severe health need

 

 

X

Regardless of when OE filed, resident district has a diversity plan

 

 

X

Notification – Districts must notify parents of open enrollment deadlines, transportation assistance, and possible loss of athletic eligibility for open enrollment of students by September 30 of each school year. Notification shall also be provided to any parent/guardian who transfers into the district during the school year.  It may be helpful to provide information more than one time during the year.

Board/superintendent action – The local school board may give superintendents the authority to approve, but not deny applications.  If the applicant files under good cause, the board must act within 30 days of receiving the request.  The receiving district will notify the resident district and the parent within 15 days of board action to approve or deny an application.

Denial - In order to deny OE based on class size of general or special education classrooms, the district must adopt an "insufficient classroom space" policy and review this policy annually.  A district can deny an application based on insufficient classroom space, lack of appropriate program (a district does not have to hire additional staff to accommodate an OE applicant), or if a student will be under suspension or expulsion at the time of enrollment.

Rescind – A district can rescind an application due to a change in the student’s program that cannot be accommodated by the district without hiring additional staff or due to an increase in enrollment that exceeds a class size policy.  An OE cannot be rescinded based on discipline or attendance.

Late filed applications – the receiving district has an obligation to deny applications filed after March 1 unless the application meets good cause (see question # 10).  The resident district does not have authority to act on an application filed after March 1 unless the applicant claims harassment or severe health need.

Harassment/Severe Heath Need/Diversity Plan – In the case of applicants that claim harassment or severe health need, the resident district has the authority to approve or deny the application.

District Appeal Process

A resident district may appeal a decision of a receiving district’s board to approve a late-filed enrollment request to the Director of the Iowa Department of Education.  If the resident district believes that a receiving district has approved a late-filed OE request without good cause, the resident district may, within fifteen days after the board action by the receiving district follow these procedures:

  • Submit an appeal to the director of the Department of Education.
  • The director, or director’s designee, shall attempt to mediate (telephonic) the dispute to reach approval by both parties.
  • The director, or designee, shall conduct a hearing and hear testimony from both boards (and designees).
  • The director shall render a decision within ten days following the hearing.
  • The local school board may appeal the director’s decision to the State Board within five days of the decision.

Printed from the Iowa Department of Education website on August 13, 2020 at 3:39pm.