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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
EDUCATION
CHAPTER 14
TRANSFER OF PUPILS
33-1402. Enrollment options. (1) Each school district shall implement an enrollment options program as provided in this section. School districts shall adopt policies to govern the process for enrollment options pursuant to this chapter, including in-district transfers. The policies shall prohibit discrimination against any pupil on the basis of his residential address, ability, disability, race, ethnicity, sex, or socioeconomic status. Such policies shall be posted to the school district’s website. Schools of choice within a district that have lottery enrollment policies are not subject to the provisions of this chapter.
(2) Whenever the parent or guardian of any Idaho pupil determines that it is in the best interest of the pupil to attend a school within another district, or to attend another school within the home district, such pupil, or pupils, may be transferred to and attend the selected school, subject to the provisions of this section and section 33-1404, Idaho Code.
(3) The pupil’s parent or guardian must apply for admission to a school within another district, or to another school within the home district, on a form provided by the state department of education or a district-provided form that is substantially similar. The application, must be submitted to the receiving school district by February 1 for enrollment during the following school year and notice of such application given to the home district. At the time of application, the parent or guardian must request that the home district or school forward the pupil’s student record. The home district or school shall respond by forwarding a certified copy of the transferred student’s record within ten (10) days, unless the provisions of section 18-4511, Idaho Code, apply. The receiving school district, or the receiving school within the home district, shall notify the applicant within sixty (60) days and, if denied, must include written explanation of the denial.
(4) There may be times during the school year when a parent or guardian believes it is in the best interest of the pupil to transfer schools. Open enrollment applications shall be accepted at any time throughout the year. However, those applications received after the February 1 deadline will be considered based on capacity stated in policy at the receiving district.
(5) Priority for enrollment under this section shall be given to pupils applying to attend another school within the home district.
(6) A district may deny a transfer application for the following reasons:
(a) The pupil was expelled by the pupil’s previous district;
(b) The pupil has a documented history of significant disciplinary issues;
(c) The pupil has a documented history of chronic absenteeism; or
(d) The receiving district does not have space available pursuant to section 33-1409, Idaho Code. Where applicable, a denial may include information about other schools that are below maximum enrollment.
(7) For a pupil accepted by the receiving school or district, the parent or guardian does not need to re-apply to regain acceptance the next school year. However, the parent or guardian must provide notice to the receiving school or district of intent for the pupil to re-enroll. The district may prescribe the form of notice. Once a pupil has been enrolled at the same school for a second consecutive year, the pupil may complete his education at such a school, unless the pupil’s approved transfer has been revoked pursuant to this section.
(8) Whenever any pupil enrolls in and attends a school outside the district within which the parent or guardian resides, the parent or guardian shall be responsible for transporting the pupil to and from the school or to an appropriate bus stop within the receiving district. For students attending another school within the home district, the parent or guardian is responsible for transporting the pupil to and from an appropriate bus stop. Tuition shall be waived for parents or guardians of any Idaho pupils allowed under the provisions of this section. Tuition charged to the debtor district may be waived by the creditor district.
(9) A pupil who applies and is accepted in a nonresident school district is subject to the policy of the receiving school district and shall be ineligible to again apply for an enrollment option or the transfer approval may be revoked in that nonresident district if:
(a) The pupil is chronically absent;
(b) The pupil commits repeated, serious disciplinary infractions;
(c) The pupil commits disciplinary infractions that result in expulsion; or
(d) The school in which the student is enrolled exceeds maximum enrollment of resident pupils due to growth. However, pursuant to subsection (7) of this section, the receiving district may not revoke a transfer approval to a school after two (2) consecutive years of attendance. If a transfer approval is revoked under this subsection, the receiving district must offer the pupil information about other schools within the district that are below maximum enrollment.
(10) A receiving school shall inform the parent or guardian of the circumstances that jeopardize the student’s status at a transfer school.
(11) No district shall take any action to prohibit or prevent application by resident pupils to attend school in another school district or to attend another school within the home district.
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