Approved: May 16, 2016
Robbinsdale Area Schools values school choice and participates in the Enrollment Options Program established by Minn. Stat. §124D.03 as set forth in this policy. In administering these procedures the district superintendent may delegate any of the duties.
A. “Children of Employees” means school-age children of current employed staff who hold permanent positions and excludes independent contractors, temporary, substitute and seasonal employees.
B. “Choice Academic Program for Success” means a student residing within the legal boundary of Minneapolis who has applied to the program and whose family qualifies for the federal lunch subsidy.
C. “Non-resident Student” means the student’s primary resident address is outside of the legal boundary of Robbinsdale Area Schools.
D. “Primary Resident Address” is the address of residence for the student. Students having more than one residence will identify as primary the residence where they live more than 50% of the time. The primary residence of students with parents who are divorced, legally separated or residing separately, and who have joint physical custody, is designated by the students’ parents.
E. “Resident Student” means the student’s primary resident address is within the legal boundary of Robbinsdale Area Schools.
F. “Sibling” means the applicant shares at least one parent or guardian with another child who is currently enrolled at the magnet school at the time of the lottery, and would be concurrently enrolled in the magnet school with the applicant.
III. ENROLLMENT OPTIONS
A. Resident Enrollment Options
1. Students are granted enrollment in the school that is designated for the attendance area where their parent or legal guardian resides.
2. The address of residence for students of parents who are divorced, legally separated or residing separately, and who have joint physical custody, is designated by the students’ parents.
3. Resident students may apply for transfer to another district school other than their assigned attendance area school. Transfer application and eligibility requirements, and acceptance and exclusion standards are set forth in this policy.
4. Bus transportation will not be provided for resident students attending another district school through Resident Enrollment Options.
5. Resident Enrollment Option transfers remain in effect for the duration of the students’ enrollment in the school. When students transition from grade 5 to grade 6 or from grade 8 to grade 9, they will be enrolled in the school designated for the attendance area where their parent or legal guardian resides.
B. Non-Resident Enrollment Options (Open Enrollment)
1. All non-resident students may apply to attend a Robbinsdale Area School through the Enrollment Options Program (Minn. Stat. §124D.03).
2. Once non-resident students are approved under Enrollment Options, the district reserves the right to assign students to a particular school during the transitions from grade 5 to grade 6 and from grade 8 to grade 9.
3. Bus transportation is not provided for students who enroll through the Enrollment Options program, except those who qualify through the Choice Academic Program for Success.
4. Open Enrollment application and eligibility requirements and acceptance and exclusion standards are set forth in this policy.
C. Magnet Schools
1. Acceptance into kindergarten at the Robbinsdale Spanish Immersion School and the School of Engineering and Arts magnet schools will be governed by Administrative Procedure 599AP – Kindergarten Admission to Robbinsdale Spanish Immersion School (RSIS) and the School of Engineering and Arts (SEA). Acceptance into kindergarten at FAIR magnet school will be governed by Administrative Procedure 590AP –Admission to FAIR School.
2. Enrollment in subsequent years in district magnet programs will be treated as an Enrollment Option request. Transfer application and eligibility requirements, and acceptance and exclusion standards are set forth in this policy.
3. All pending applicants from any initial kindergarten waiting list must be satisfied before a Kindergarten Enrollment Option request will be approved.
4. Enrollment Options requests to Robbinsdale Spanish Immersion School must also have prior language immersion experience or demonstrate grade level language competency.
5. Currently employed licensed magnet school classroom teachers may have their child enrolled automatically at the magnet school where they are employed. Students enrolled under this provision do not displace any student on the wait list for the school.
IV. ACCEPTANCE PROCEDURES
A. Application. The student and parent or guardian must complete and submit an Application for Enrollment Options Program developed by the Minnesota Department of Education.
B. Eligibility. Applications for enrollment under the Enrollment Options (Open Enrollment) Law and this enrollment options policy will be approved provided that acceptance of the application will not exceed the capacity of a program, class, grade level, or school building as established by school board resolution and provided that:
1. Space is available for the applicant under enrollment capacity limits established by school resolution or other directive; and
2. In considering the capacity of a grade level, the school district may only limit the enrollment of non-resident students to a number not less than the lesser of: (a) one percent of the total enrollment at each grade level in the school district; or (b) the number of school district resident students at that grade level enrolled in a non-resident school district in accordance with Minn. Stat. § 124D.03.
3. The applicant is not otherwise excluded by action of the school district because of previous conduct in another school district.
C. Standards that may be used for rejection of application. In addition to the provisions of Paragraph IV.B, the school district may refuse to allow a pupil who is expelled under Minn. Stat. § 121A.45 to enroll during the term of the expulsion if the student was expelled for:
1. possessing a dangerous weapon, including a weapon, device, instruments, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, with the exception of a pocket knife with a blade less than two and one-half inches in length, at school or a school function;
2. possessing or using an illegal drug at school or a school function;
3. selling or soliciting the sale of a controlled substance while at school or a school function; or
4. committing a third-degree assault involving assaulting another and inflicting substantial bodily harm.
D. Standards that may not be used for rejection of application. The school district may not use the following standards in determining whether to accept or reject an application for open enrollment;
1. Previous academic achievement of a student;
2. Athletic or extracurricular ability of a student;
3. Disabling conditions of a student;
4. A student’s proficiency in the English language;
5. The student’s district of residence; or
6. Previous disciplinary proceedings involving the student. This shall not preclude the school district from proceeding with exclusion as set out in Section V of this policy.
E. Enrollment Priority Order. At the designated times when school transfers are reviewed, school transfer and open enrollment applicants are approved in the following priority order, and in the order the application is received:
1. Resident students enrolling in their attendance area school.
2. Currently enrolled students who have moved to an address outside of the school attendance area requesting to remain in the same school.
3. Siblings of currently enrolled students requesting transfer into the same school.
4. Resident students requesting transfer to a school of their choice.
5. Children of employees requesting to transfer to a district school.
6. Currently enrolled non-resident students requesting transfer to a school of their choice;
7. Non-resident students who are not currently enrolled in a district school requesting transfer to a school of their choice.
1. A student may be granted an administrative transfer if it is the judgment of the Superintendent that the welfare of the student may be better served. Both the principal of the sending school as well as the principal of the receiving school will be consulted to determine if the transfer is in the best educational interest of the student.
2. If attendance area boundaries are changed, exceptions to this policy may be made at the discretion of the school board.
V. EXCLUSION PROCEDURES
A. Administrator’s initial determination. If a school district administrator knows or has reason to believe that an applicant has engaged in conduct that has subjected or could subject the applicant to expulsion or exclusion under law or school district policy, the administrator will transmit the application to the superintendent with a recommendation of whether exclusion proceedings should be initiated.
B. Superintendent’s review. The superintendent may make further inquiries. If the superintendent determines that the applicant should be admitted, he or she will notify the applicant. If the superintendent determines that the applicant should be excluded, he or she will notify the applicant and determine whether the applicant wishes to continue the application process. Although an application may not be rejected based on previous disciplinary proceedings, the school district reserves the right to initiate exclusion procedures pursuant to the Minnesota Pupil Fair Dismissal Act as warranted on a case-by-case basis.
VI. TERMINATION OF ENROLLMENT
A. The school district may terminate the enrollment of a non-resident student enrolled under an enrollment options program pursuant to Minn. Stat. §124D.03 or 124D.08 at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy under Minn. Ch. 260A, and the student’s case has been referred to juvenile court. A “habitual truant” is a child under 16 years of age who is absent from attendance at school without lawful excuse for seven school days if the child is in elementary school; or for one or more class periods on seven school days if the child is in middle school, junior high school or high school; or a child who is 16 or 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days and who has not lawfully withdrawn from school under Minn. Stat. §120A.22, Subd. 8.
B. The school district may also terminate the enrollment of a non-resident student over 16 years of age if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under Minn. Stat. §120A.22, Subd. 8.
C. A student who has not applied for and been accepted for open enrollment pursuant to this policy and does not otherwise meet the residency requirements for enrollment may be terminated from enrollment and removed from school. Prior to removal from school, the school district will send to the student’s parents a written notice of the school district’s belief that the student is not a resident of the school district. The notice shall include the facts upon which the belief is based and notice to the parents of their opportunity to provide documentary evidence, in person or in writing, of residency to the superintendent. The superintendent will make the final determination as to the residency status of the student.
VII. ENROLLMENT OF HOMELESS STUDENTS
Notwithstanding the requirement that an application must be approved by the board of the nonresident district, a student who has been enrolled in a district, who is identified as homeless, and whose parent or legal guardian moves to another district, or who is placed in foster care in another school district, may continue to enroll in the nonresident district without the approval of the board of the nonresident district. The approval of the board of the student’s resident district is not required.
Minn. Stat. §120A.22, Subd. 3(e) (Residency Determined)
Minn. Stat. §120A.22, Subd. 8 (Withdrawal from School)
Minn. Stat. §121A.40-121A.56 (The Pupil Fair Dismissal Act)
Minn. Stat. §124D.03 (Enrollment Options Program)
Minn. Stat. §124D.08 (School Board Approval to Enroll in Non-resident District)
Minn. Stat. §124D.68 (High School Graduation Incentives Program)
Minn. Ch. 260A (Truancy)
Minn. Stat. §206C.007, Subd. 19 (Habitual Truant Defined)
Op. Minn. Att’y Gen. No. 169-f (August 13, 1986)
Indep. Sch. Dist. No. 623 v. Minn. Dept. of Educ., Co. No. A05-361, 2005
WL 3111963 (Minn. App. 2005) (unpublished)