STUDENTS/PUPILS POLICIES NUMBER 203 SCHOOLS OF CHOICE: CONTROLLED OPEN ENROLLMENT STUDENT ATTENDANCE VARIANCES

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1 SCHOOLS OF CHOICE: CONTROLLED OPEN ENROLLMENT STUDENT ATTENDANCE VARIANCES I. Purpose; interpretation. This policy shall govern the process required to participate in the controlled open enrollment process mandated by section 00., Florida Statutes. This process shall be referred to as the Volusia County Schools of Choice Program. All district schools shall be classified as a school of choice under section 00., Florida Statutes in accordance with the terms of this policy. Nothing in this policy shall be interpreted to conflict with federal or state law. In the event of such conflict, this policy shall be interpreted to avoid said conflict. II. Definitions The following terms shall have the meanings prescribed below for purposes of this policy: A. Academic program A series of courses (two or more) that are aligned in the same major area of study. B. Applicant The parent or legal guardian of a student or a student of majority age of or greater. C. Available capacity the number of student seats at a school not assigned, or projected to be assigned, to a student as calculated and determined by the District based on permanent capacity. D. Choice assignment An assignment to a school made pursuant to this policy. E. Controlled open enrollment A public education delivery system that allows the District to make student school assignments using parents indicated preferential educational choice as a significant factor as provided in this policy. F. District The School District of Volusia County. G. District employee a parent or legal guardian who is an employee of the School District of Volusia County. The School Board of Volusia County March, 0 (Request for Adoption) Page of

2 H. Homeless shall have that meaning set forth in school board policy 0 Education of Homeless Students. I. Permanent capacity the number of student stations available and utilized for the educational program delivered in the permanent educational facility structure that is based on the State Requirements for Educational Facilities (SREF) and as identified in the Florida Inventory of School Houses. J. School-based employee a parent or legal guardian who is an employee of the School District of Volusia County whose work location is a specific school. K. Siblings - two or more students in the same family unit and residing in the same residence. A L. Student s Residence. The student s residence shall be that place where the student s parents/legal guardians spend at least four nights between Sunday and Friday.. The student s residence when the parents are separated, but not subject to a court entered custody order, or an order of shared Pparenting, shall be the parent s home in which the student primarily lives.. 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 or, Florida Statutes.. 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 0 Education of Homeless Students. The School Board of Volusia County March, 0 (Request for Adoption) Page of

3 III. E M. Zoned Sschool 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. Attendance within Geographic Residential Boundaries A. Except as hereinafter provided, Unless otherwise provided in this policy, attendance at each school shall be limited to those students whose parents/ or legal guardians reside within the geographical boundaries of the school board adopted attendance area. These attendance areas are established by the school board as set out in school board policy 0 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 choice assignment. a variance from the school designated to provide the program. Students assigned to a school for pre- K services are not provided preferential treatment for purposes of this policy for kindergarten school assignment. 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 parent or legal guardian 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: The School Board of Volusia County March, 0 (Request for Adoption) Page of

4 The parent or legal guardian s valid Florida identification card or driver s license;. a copy of a current electric utility bill in the parent/ or legal guardian's name;. A copy of a current non cellular telephone bill motor vehicle registration in the parent/ or legal guardian s name;. A valid lease agreement with rent receipt or property deed with tax receipt showing homestead exemption; or. 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 Superintendent or designee 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/ or 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. III IV. Variances Controlled open enrollment process. A. Eligibility and conditions for choice assignment.. Beginning in the 0-0 school year, controlled open enrollment shall be available to all K- students residing with their parent or legal guardian in the State of Florida. Information on the application process shall be posted on the District website for the benefit and convenience of the public. The School Board of Volusia County March, 0 (Request for Adoption) Page of

5 Schools of choice classifications based on available capacity. a. Each District school is hereby deemed a school of choice and shall be identified by the Superintendent or designee as having one of the following schools of choice classifications: i. At or over capacity schools. Schools with a projected enrollment exceeding ninety percent (0%) of permanent capacity shall be subject to the controlled open enrollment process for that school year but applications will be limited to siblings of a student attending the requested school or to reasonably accommodate the work location of a school-based employee. ii. Limited capacity schools. Schools with a projected enrollment between eighty-five percent (%) and ninety percent (0%) of permanent capacity shall be subject to the controlled open enrollment process for that year but applications will be limited to the preferential treatment provisions in paragraph IV.D. and will not proceed to the lottery specified in D. unless approved in the sole discretion of the Superintendent or designee based on available capacity projections. iii. Substantial capacity schools. Schools with a projected enrollment of less than eighty-five percent (%) of permanent capacity shall be eligible for the controlled open enrollment process for that year and, if choice applications exceed available capacity, the random lottery specified in D. shall be initiated. All schools shall be listed on the District website under one of these classifications.. A student who is subject to a current expulsion or suspension from any public or private school is ineligible to apply for a choice The School Board of Volusia County March, 0 (Request for Adoption) Page of

6 assignment.. Any student granted a choice assignment may continue to the highest grade level of the approved school until: a. The student is expelled or suspended; b. The student is withdrawn from enrollment at the school by the parent or legal guardian; c. The parent or legal guardian of the student requests a change in school assignment; d. It is determined by the District that the application for controlled open enrollment was based on inaccurate, false or misleading information; or e. The choice assignment is revoked by the school principal in accordance with section IV.C.. Upon completion of the highest grade level of the approved school, the student shall return to his or her zoned school absent approval of an additional choice assignment.. No choice assignment shall be granted on behalf of a student which conflicts with that student s Individual Education Plan (IEP) or Section 0 Plan. Prior to approval of a choice application, the District may convene a team to ensure that the requested assignment can be implemented.. The Applicant for a choice assignment assumes full and sole responsibility for transportation of the student if the choice assignment is granted.. A student may receive only one choice assignment in a school year.. A parent or legal guardian may discontinue a choice assignment within a school year at the end of a grading period or semester. A B. Application Pperiod.. Applications for variances a choice assignment under this policy for the upcoming school year shall be submitted during the preceding school year between January March and June no later than the last day of the school year. Applications filed after this deadline The School Board of Volusia County March, 0 (Request for Adoption) Page of

7 may be denied on that basis alone unless the application is based on: a) an alternate school placement necessary to comply with an order of a court with competent jurisdiction; b) a sibling of a student requiring and assigned to a school for exceptional student education services at a school other than the zoned school; c) the relocation of the parent/legal guardian; d) the transfer of a school-based employee; or e) a requested school that has substantial capacity as defined in section IV.A.. Completed applications must be received by the District no later than June. Submittal after June 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 substantial 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 shall not be eligible for an appeal as described in section III (C) of this policy.. 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 or to satisfy legal requirements or legal conditions but not for schools that are at or over capacity as defined in section IV.A.. B C. Application. Application for a choice assignment requesting assignment to an out-of-attendance area school shall be submitted in the format specified by the Superintendent or designee. The application shall afford the opportunity for the Applicant to declare a first and second preferred choice school assignment. 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.. 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.. A lack of available capacity will usually cause a variance request to be denied.. An adverse impact on class size will usually cause a variance request to be denied. The School Board of Volusia County March, 0 (Request for Adoption) Page of

8 Academies and other academic programs. Variances Applications for attendance at an academy within a school, or in the International Baccalaureate program or other academic program requiring an application for admission, 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 choice assignment 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. No application to attend an academy or other academic program by a student residing out of his or her attendance zone shall be approved if the out of zone student enrollment for that academy or program exceeds, or is projected to exceed, 0% of permanent capacity.. A choice assignment may be revoked by the school principal, upon concurrence of the superintendent or designee, based on unsatisfactory academic performance, behavior or attendance in a school year or shorter period if specified by the school principal. For purposes of revocation, unsatisfactory performance may include: i) maintaining a GPA of less than.0; ii) two or more discipline referrals or documented instances of unsatisfactory behavior provided to the parent/legal guardian; iii) suspension or expulsion; and/or iv) more than unexcused tardies or absences. Revocation of a choice assignment shall render that student ineligible to apply for a choice assignment for the following school year. Revocation of a choice assignment is not subject to the appeal process set forth in section IV(E). The standards for revocation shall be communicated by the school principal or designee after award of the choice assignment. 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 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 classified as 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. The School Board of Volusia County March, 0 (Request for Adoption) Page of

9 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 % 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.. The District may request additional documentation from the applicant as part of the evaluation process. If that documentation is not provided within fourteen () calendar days of the request of the District, the application may be denied without further action. D. Evaluation of applications. No student residing within the District shall be displaced by a student residing in another district for purposes of this policy.. Applicants meeting any of the following criteria shall be provided preferential treatment upon the complete and timely applications for a choice assignment after all students residing in the District have been assigned, or planned for assignment, to a school: a. Dependent children of active duty military personnel whose move resulted from military orders; b. Children who have been relocated due to a foster care placement in a different school attendance zone within the District; c. Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent. Nothing herein shall be interpreted to grant a court jurisdiction to order a school assignment absent these circumstances; d. Student residing within the District; e. Child of school-based employee assigned at the requested school; f. Siblings of a student attending the requested school; and g. Students with a current John McKay Scholarship.. Lottery. A random lottery will be utilized when pending applications exceed available capacity at a limited capacity or The School Board of Volusia County March, 0 (Request for Adoption) Page of

10 substantial capacity school as defined in section IV.A.. If a student cannot be accommodated at his or her first choice assignment, then applications shall be subject to a random lottery for a potential second choice assignment.. Notification of outcome; acceptance; forfeiture. a. The District shall notify the Applicant of its decision on the application by U.S. mail or by . b. An Applicant granted a choice assignment shall register the student at the school and provide records and documents required for registration in accordance with District policy and procedures. If the student fails to begin attending classes at the assigned school by the third day of the new school year, the choice assignment shall be deemed forfeited. If that student resides within the District, he or she will be then assigned to a zoned school or as otherwise required by a Section 0 plan or Individual Education Plan (IEP). E. Appeals.. An Applicant may appeal the denial of a choice assignment if received by the District Student Placement Committee prior to the start of the school year. The basis for the appeal shall be set forth in the format specified by the District. Review of the appeal shall be confined to the documentation provided by the Applicant. The appeal shall be reviewed and decided by the committee in a manner consistent with the law. The decision of the committee may be appealed to the Superintendent, or designee, within ten (0) days of the decision of the committee. Review by the committee and superintendent, or designee, shall be informal and non-evidentiary. Nothwithstanding any other policy of the Board, the decision of the Superintendent or designee shall be final and non-appealable.. Nothwithstanding the opportunity for appeal, no expectation for, or entitlement to, a choice assignment shall exist for a school that is at or over capacity as defined in section IV.A. of this policy. F. Interscholastic and intrascholastic extracurricular activities.. Interscholastic and intrascholastic extracurricular activity eligibility will not be unreasonably delayed or denied if a choice assignment is granted under this policy.. A student granted a choice assignment may not participate in a The School Board of Volusia County March, 0 (Request for Adoption) Page 0 of

11 sport if the student participated in that same sport at another school during that school year unless the student meets one of the following criteria: a. Dependent children of active duty military personnel whose move resulted from military orders; b. Children who have been relocated due to a foster care placement in a different school zone; or c. Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent. Nothing herein shall be interpreted to conflict with, or modify, any applicable rules or standards applicable to such activities established outside of this policy. G. Annual report; other compliance issues.. The District shall annually report the number of students exercising public school choice pursuant to this policy and as otherwise determined by law.. As required by state law, beginning in the 0-0 school year and subsequent school years, notwithstanding any policy to the contrary, all District schools shall calculate compliance with maximum class size pursuant to section 00.0() based on the average number of students at the school level. C. Appeal process and authority. 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.. 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 The School Board of Volusia County March, 0 (Request for Adoption) Page of

12 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:. Available Capacity A variance has been requested to a school that has available capacity, and the request does not raise class size concerns.. 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.. Unique conditions.. 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.. above. Transportation will not be provided by the school district.. Sibling Variances Variances may be granted to siblings of an older student where the older student was previously granted a The School Board of Volusia County March, 0 (Request for Adoption) Page of

13 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.. 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.. 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 H. Misleading or false evidence. 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 an application for choice assignment the request for waiver, the student shall be reassigned immediately to the school within the appropriate geographic attendance area.. Failure to report a change in address shall be deemed evidence of intent to circumvent this policy and shall result in the application for a choice assignment being denied or revocation of the choice assignment waiver being denied. Legal Authority: Sections 00.(), 00.()(), 00., Florida Statutes Laws Implemented: Sections 00.0, 00., 00., Florida Statutes The School Board of Volusia County March, 0 (Request for Adoption) Page of

14 History: (Adopted - March, 0) (Revised - April, ; October 0, ; May, 0; May, ; August, ; July, 00; August, 00; March, 0; March, 0) (Effective Date March, 0 March, 0) The School Board of Volusia County March, 0 (Request for Adoption) Page of