STUDENT ATTENDANCE VARIANCES

Transcription

1 I. Definitions A. Student s Residence STUDENT ATTENDANCE VARIANCES 1. The student s residence shall be that place where the student s parents/guardians spend at least four nights between Sunday and Friday. 2. The student s residence when the parents are separated, but not subject to a court entered custody order, or an order of shared Parenting, shall be the parent s home in which the student primarily lives. 3. The student s residence shall be the residence of the legal custodian/primary residential parent when a student is the subject of a custody order under chapters 39 or 61, Florida Statutes. 4. The student s residence shall be the residence of the student s legal guardian when the student s parent(s) is physically or mentally unable to properly care for the student or because home conditions necessitate the student s removal for protection. B. Siblings - two or more students in the same family unit and in the same residence. C. Available Capacity - for the purpose of this policy, that portion of a public school s permanent capacity that would remain available after the enrollment projected for the current or subsequent school year, whichever is greater, is subtracted. D. Homeless as defined in school board policy 209 Education of Homeless Students. E. Zoned School The school a student is assigned to attend based on the student s residence and the geographical boundaries of the school board adopted attendance area. F. Variance The application and process established by the school district which a parent/guardian may utilize to request a student assignment to a school other than the zoned school. G. Unique Conditions Circumstances where an unexpected event or occurrence has led to a situation where the student s current zoned placement creates a severe hardship on the student and/or family. H. Academic Program A series of courses (two or more) that are aligned in the same major area of study. II. Attendance within Geographic Residential Boundaries A. Except as hereinafter provided, attendance at each school shall be limited to those students whose parents/guardians reside within the geographical boundaries of the school board adopted attendance area. These attendance areas are 1

2 established by the school board as set out in school board policy 202 Establishment of Attendance Areas for Volusia County School District. While students have a right to an education under the laws, no right exists to attend a particular school, and a decision to deny a request to attend another school, or to reassign the student under the terms of school board policy does not affect the substantial interest of the child. B. Students requiring exceptional student education services will be staffed into the appropriate school in accordance with exceptional student educational procedures, and are not subject to the requirements of this policy, unless applying for a variance from the school designated to provide the program. C. Proof of residence shall be required for initial enrollment or transfer of a student from one attendance area to another in the district, including a change of a student s residential address. The person enrolling the student shall furnish the street address of the student s residence that is subject to verification by the school board. A minimum of two forms of proper documentation shall be required to establish proof of residency. Proper documentation of residence shall constitute: 1. The parent or guardian s valid Florida identification card or driver s license; 2. a copy of a current electric utility bill in the parent/guardian's name; 3. A copy of a current non cellular telephone bill in the parent/guardian s name; 4. A valid lease agreement with rent receipt or property deed with tax receipt showing homestead exemption; or 5. Other valid documentation deemed acceptable under procedures established by the Superintendent/designee, such procedures being designed to allow for unique conditions that may arise. D. Students who are homeless shall have the rights to school placement and transportation in accordance with the terms of federal law. E. The District Student Placement Committee has the authority to place students in a school other than their zoned school when in the best interests of the health, safety and welfare of the students in the schools. F. Where either state or federal law requires that particular students or students at particular schools be given a choice of schools to attend, or requires that a student attend a school other than his or her zoned school, the Superintendent/designee shall have the authority to develop and implement procedures that comply with the applicable law. G. Students who reside outside the school district shall only be admitted with the approval of the Superintendent/designee, who shall grant such approval only where the request is made by an employee of the school district, or where the student s needs may uniquely be met by the school district and where the admission is equitable to the school district, or where required by law. 2

3 III. Variances A. Application Period 1. Applications for variances under this policy for the upcoming school year shall be submitted during the preceding school year between January 1 and June 1. Completed applications must be received by the District no later than June 1. Submittal after June 1 will be grounds for denial unless the application is made for alternate school placement necessary to comply with a court order, other legal or contractual proceeding, a sibling of a student requiring and assigned to exceptional student education services at a school other than the zoned school, the requested school is less than 85% permanent capacity, the parent/legal guardian has moved out of zone or a school district employee s transfer to another work location. Variance applications submitted after June 1 shall not be eligible for an appeal as described in section III (C) of this policy. 2. Applications for the school year currently in progress are not encouraged and shall be processed only for conditions which likely will enhance a student s academic achievement and/or legal conditions. B. Application 1. Application for requesting assignment to an out-of-attendance area school shall be addressed, in writing, to the office designated by the superintendent. The request shall be signed by the parents/guardians of the student for whom the application is made. 2. Before the variance request may be considered for approval, application interviews with the student and the student's parents/guardians may be required by the principal/designee of the sending and receiving school for elementary, middle and high schools. 3. A lack of available capacity will usually cause a variance request to be denied. 4. An adverse impact on class size will usually cause a variance request to be denied. 5. Variances for attendance at an academy within a school or in the International Baccalaureate program shall be processed at the school level, based upon qualifications for the program and space availability in the program, and shall not be subject to the approval requirements of this policy. In the event that a student ceases to be enrolled in the academy or International Baccalaureate program, the student shall be required to return to his or her zoned school, unless the student is granted a variance under other criteria in this policy. The Superintendent shall have the authority to limit enrollment in such programs based upon concerns regarding capacity, class size, or budgetary concerns. 6. Except where precluded by law, the Superintendent shall have the authority to permit principal(s) to establish reasonable conditions for variances, including but not limited to, satisfactory academic 3

4 performance, behavior and attendance. Should the student involved violate one or more of these conditions, the Principal shall have the authority to revoke the variance after written notification of the violation(s). If the student involved is a homeless student under the terms of this policy, the principal shall consult with the district s Homeless Education Liaison to determine under the law if it is in the student s best interest to retain the variance. A variance application seeking renewal for the upcoming school year may be placed in abeyance in order to determine if the student complies with the current variance contract. 7. The Superintendent shall have the authority to deny variance requests where a concern exists that the sending school s enrollment has decreased to less than 85% of the permanent design capacity. In exercising this authority, the Superintendent will also consider the student s access to desired academies, International Baccalaureate, or other academic programs. C. Appeal process and authority 1. The parents/guardians of a student who is denied approval for a change of assignment may appeal the decision to the District Student Placement Committee. 2. If the parents/guardians are not satisfied with the decision made by the District Student Placement Committee, they may then forward the matter to the Superintendent with a request for further review. The Superintendent or designee has the ultimate responsibility for enforcement and adjudication in all requests for variances and his or her decision shall be final. D. Duration Once a variance has been granted, it shall remain in effect as long as the student is in compliance with the terms of the variance at the specific school, unless otherwise indicated in this policy or by specific school board action. E. Transportation Transportation shall be provided on a home to school to home basis only in accordance with and as required by law. When a variance is approved, transportation from an available bus stop serving the assigned school may be provided. Transportation may be provided for academies or other specialized programs. F. Approval conditions Variances which satisfy reasonable conditions established by the Superintendent may be approved by the superintendent or designee for the following reasons: 1. Available Capacity A variance has been requested to a school that has available capacity, and the request does not raise class size concerns. 4

5 2. Academic Program A student wishes to participate in an academic program not available at the school he or she is zoned to attend. In the event that the student ceases to be enrolled in the program for which the variance is approved, the student shall be required to return to his or her zoned school, unless the student is granted a variance under other criteria in this policy. 3. Unique conditions. 4. Children of School District Employees All school district employees, including instructional personnel, may place their child(ren) in the school where they would be assigned based on residence; or the employee may request the assignment of the employee s child(ren) to the school which is the employee s regular workplace or assignment. Care must be taken to ensure that student placement as a result of the option exercised does not interfere with the work performance of the parent/employee. Available capacity shall be considered when an employee s request is for a school other than the employee s assigned school. Application interviews are required in accordance with section III.B.2. above. Transportation will not be provided by the school district. 5. Sibling Variances Variances may be granted to siblings of an older student where the older student was previously granted a variance on other grounds to attend that particular school. Once the older sibling is no longer in the school in question, the younger sibling may be required to request a variance on other conditions allowed by this policy if he or she wishes to remain at the school. 6. Students who move to another school zone within Volusia County may be granted a variance to complete the academic year at the school in which the students were legally enrolled prior to the change in address. 7. Grandfathering a. When the school board adopts new school attendance areas, students may be granted reassignment to their former school attendance area for a duration as determined by that school board action. Upon adoption of new school attendance areas, transportation shall be provided in accordance with and as required by law. b. Effective with the date of adoption of this policy, variances granted under the previous policy or administrative procedures shall be continued with the same conditions under which they were granted until such time as conditions change that warrant consideration of the variance. G. Misleading or false evidence 1. In addition to the criminal penalty associated with the making of a false or misleading statement, if it is discovered that misleading or false evidence was presented in support of the request for waiver, the student shall be reassigned immediately to the school within the appropriate geographic attendance area. 5

6 2. Failure to report a change in address shall be deemed evidence of intent to circumvent this policy and shall result in the application for waiver being denied. Legal Authority: Sections (2), (3)(4), Florida Statutes Laws Implemented: Sections , , Florida Statutes History: (Adopted - March 11, 1980) (Revised - April 8, 1986; October 10, 1989; May 8, 1990; May 14, 1991; August 24, 1993; July 25, 2006; August 25, 2009; March 29, 2011) (Effective Date March 29, 2011) 6