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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
Senate: ED DP 5-3-0-0 | 3rd Read 16-14-0-0 |
SB 1685: schools; attendance boundaries; open enrollment
Sponsor: Senator Boyer, LD 20
Committee on Education
Overview
Alters open enrollment policies including enrollment preference and reserve capacity requirements. Establishes open enrollment reporting and information sharing requirements for the State Board of Education (SBE) and the Arizona Department of Education (ADE).
History
Open enrollment means a policy adopted and implemented by a school district governing board (governing board) that allows pupils to enroll in any school within any school district in Arizona. Statute classifies pupils who seek to open enroll as follows:
1) A nonresident pupil is a pupil who seeks enrollment in a school district other than the school district in which the pupil resides; and
2) A resident transfer pupil is a resident pupil who seeks enrollment in a school that is within the pupil's school district but outside the attendance area of the pupil's residence (A.R.S. § 15-816).
A governing board is required to establish open enrollment policies that include admission criteria, application procedures and transportation provisions. These policies must be posted on the school district's website. Statute allows a school district to give open enrollment preference to children who are in foster care, as well as both open enrollment preference and reserve capacity for the children of the school district's employees. Furthermore, statute limits, to a maximum of 20 miles each way, the distance that a governing board may provide transportation for eligible nonresident pupils (A.R.S. § 15-816.01).
Statute requires governing boards to prescribe policies regarding the changing or adopting of attendance boundaries within the school district. These policies must require that the governing board hold public meetings to discuss attendance boundary changes, as well as a procedure to notify the parents of affected students (A.R.S. § 15-341).
The McKinney-Vento Homeless Assistance Act defines unaccompanied youth to include a homeless child or youth not in the physical custody of a parent or guardian (42 U.S.C. § 11434a)
Provisions
Open Enrollment Policies
1. Stipulates that a governing board's open enrollment policies must:
a) Include the basic information needed to request enrollment as determined by SBE that is consistent with guidance regarding pupil privacy and civil rights;
b) Include information regarding the provision of transportation or resources for transportation; and
c) Be easily accessible on the school website's home page and be in both English and Spanish. (Sec. 3)
2. Requires schools to accept pupils throughout the school year as capacity allows and as seats become available. (Sec. 3)
3. States that if a pupil is denied access due to capacity, the pupil must be informed that they are on a wait list and of the details regarding an equitable selection process. (Sec. 3)
4. Prohibits schools from asking parents for pupil registration information until enrollment is approved. (Sec. 3)
5. Instructs a school district to give enrollment preference to and reserve capacity for:
a) Resident pupils;
b) Pupils returning to the school from the prior year; and
c) Siblings of pupils already enrolled. (Sec. 3)
6. Allows a school district to give enrollment preference to children who meet the definition of unaccompanied youth prescribed in the McKinney-Vento Homeless Assistance Act. (Sec. 3)
7. Allows a school district to give enrollment preference to and reserve capacity for resident transfer pupils and their siblings. (Sec. 3)
8. Mandates a school, if the number of enrollment requests or applications exceeds the capacity of a program, class, grade level or building, to select pupils through an equitable selection process.
a) Specifies that the equitable selection process may be conducted through a transparent lottery.
b) Requires a school to give preference to siblings of a pupil selected through the equitable selection process. (Sec. 3)
9. Prohibits a school from:
a) Limiting admission based on:
i. Ethnicity and national origin;
ii. Gender;
iii. Income level;
iv. Disabling condition;
v. Proficiency in the English language; and
vi. Athletic ability.
b) Requiring the submission of any of the following until enrollment has been granted and the school begins the registration process for the accepted pupil:
i. Test scores and placement tests;
ii. Individualized education programs and Section 504 plans;
iii. English language paperwork;
iv. Free or reduced-price lunch paperwork;
v. Documents related to tax credit opportunities;
vi. Parent teacher association contributions; and
vii. Extracurricular activity fees. (Sec. 3)
10. Eliminates the restriction that the governing board educating the pupil may only provide transportation of no more than 20 miles each way to and from the school of attendance or pickup point for eligible nonresident pupils. (Sec. 3)
Attendance Boundaries Policies and Procedures
11. Requires a governing board to prescribe and enforce policies and procedures regarding changing or adopting attendance boundaries for enrollment preference if the school or a grade level reaches capacity.
a) Specifies that these policies and procedures are to include an assurance that students assigned to a new attendance area may stay enrolled in their current school if that school remains open as part of the boundary change. (Sec. 1)
12. Prohibits attendance boundaries from being used to require students to attend certain schools based on the student's place of residence. (Sec. 1)
SBE and ADE Requirements
13. Instructs SBE to prescribe a standard format for describing open enrollment options to ensure clarity and consistency for parents in understanding:
a) Their enrollment options;
b) Enrollment capacity at each school throughout the year; and
c) The ability to choose any school within the school district of residence or any other school district or charter school. (Sec. 3)
14. Requires local education agencies (LEAs) to share the SBE-prescribed information with each enrolled household every January, or at least one month before the first opportunity to enroll in the LEA for the following school year. (Sec. 3)
15. Requires SBE to recommend the frequency that an LEA update its website to reflect the LEA's school capacity and the number of students on its waitlist.
a) Stipulates an LEA must update this information at least once every eight weeks by grade level and school unless there are no changes to report. (Sec. 3)
16. Instructs ADE to develop a school choice participation report that informs the public and policymakers of the open enrollment participation rate by school district, school and county, including:
a) The number of pupils in each school and school district that are open enrolled as resident pupils, resident transfer pupils or nonresident pupils for each school district;
b) The school districts and zip codes from which students are enrolling; and
c) The number of pupils enrolled in charter schools and the school districts from which those pupils are enrolling, by FY 2023. (Sec. 3)
17. Instructs SBE, subject to the availability of appropriated monies and every January, to design a public awareness effort and distribute materials that:
a) Communicate to the public the ability to choose any Arizona public school;
b) Direct the public to resources to learn about Arizona school choice options;
c) Instruct the public on how to request enrollment for pupils. (Sec. 3)
18. Allows SBE to include other options in its informational materials and messaging, including Arizona empowerment scholarship accounts. (Sec. 3)
19. Permits SBE to collaborate with public and private partners to assist in achieving objectives and ADE in connecting parents and the public to resources. (Sec. 3)
Miscellaneous
20. Defines resident pupil as a pupil whose residence is within the attendance area of a school. (Sec. 2)
21. Defines changing or adopting attendance boundaries as defining the geographic area for each school within the school district only for the purposes of establishing enrollment preferences for students within the attendance area if a school or a grade level within the district reaches capacity. (Sec. 1)
22. Makes technical changes. (Sec. 1)
23. Makes conforming changes. (Sec. 2, 3)
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