From the ECS State Policy Database Choice of Schools--Choice/Open Enrollment

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 From bill summary: Under the California Constitution, whenever the legislature or a state agency mandates a new program or higher level of service on any local government, including a school district and a community college district, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law, commencing with the 2012–13 fiscal year, requires that certain funds appropriated in the annual Budget Act for reimbursement of the cost of a new program or increased level of service of an existing program mandated by statute or executive order be available as a block grant to school districts, charter schools, and county offices of education to support specified state-mandated local programs and permits those entities to elect to receive that block grant funding in lieu of claiming mandated costs pursuant to the state claims process. This bill adds specified state-mandated local programs to the set of programs for which a school district, charter school, or county office of education may elect to receive a block grant, including, among others, an interdistrict attendance permits program. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1028_bill_20120926_chaptered.pdf Title: S.B. 1028 - Programs Eligible for Block Grant Source: www.leginfo.ca.gov AR Adopted 05/2012 P-12 Govern the guidelines, procedures and enforcement of the Arkansas Opportunity Public School Choice Act. http://170.94.37.152/REGS/005.23.11-002F-12936.pdf Title: AR ADC 005.23.2-1.00 to 23.2-10.00 Source: http://www.sos.arkansas.gov/rules_and_regs/ CT Signed into law 05/2012 P-12 (Sec. 12) Provides an additional incentive for larger school districts to increase their enrollment of out-of-district students under the Open Choice interdistrict public school attendance program. It does so by giving districts with more than 4,000 students the highest state Open Choice grant ($ 6,000 for each out-of-district student) if the education commissioner determines they have increased their Open Choice enrollment by at least 50% on October 1, 2012. http://www.cga.ct.gov/2012/ACT/PA/2012PA-00116-R00SB-00458-PA.htm Title: S.B. 458 Source: cga.ct.gov FL Signed into law 04/2012 P-12 Revises definition of low-performing school for purposes of student eligibility to attend a higher-perfoming public school under the opportunity scholarship program. Defines "low-performing school" as school that has earned an "F" grade or 3 consecutive "D" grades. Pages 4, 10 of 48: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7127er.docx&DocumentType=Bill&BillNumber=7127&Session=2012 Title: H.B. 7127 - Opportunity Scholarships Source: myfloridahouse.gov ME Became law without governor's signature 04/2012 P-12 This bill creates a school open enrollment program under which a student may attend a school other than the school to which that student is assigned based on the street address of the student's family. The bill provides that the governing bodies of public schools and private schools approved for the receipt of public funds may elect to open their schools to enrollment by students who are not otherwise entitled to attend those schools. Opening the school to enrollment is voluntary, but the school may not select which students to enroll under the program. The student is not required to obtain permission from the superintendent of the school administrative unit of which the student is a resident in order to enroll in the open enrollment school. The governing bodies of open enrollment schools are required to set forth a process to determine how many openings will be made available to students and in which grades or programs the openings will be offered. Contracts for school privileges may not prevent students from participating in the open enrollment program. A student who transfers from a public school in one school administrative unit to a public school in another unit under the program is considered to be a resident of the unit to which the student transfers. The student is counted as a student in the new unit, as a student is under an agreement between superintendents to transfer a student, but the change in residence is included in the funding formula earlier than it would be under an agreement between superintendents. The school administrative unit in which a student actually resides is required to pay tuition if that student enrolls under the program in a private school approved for the receipt of public funds The bill also amends current law under which superintendents of 2 school administrative units may grant a parent's request to have a student's residency transferred from one school unit to another. If one or both superintendents deny the transfer request, the parent may appeal to the Commissioner of Education. The bill requires that superintendents provide written reasons for any denial, and specifies the grounds on which the commissioner may overturn a denial. http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1372&item=1&snum=125 Title: H.P. 1372 Source: www.mainelegislature.org VA Signed into law 04/2012 P-12 Provides that local school divisions may have policies that provide for the open enrollment to any school of any student residing within the school division upon the request of a parent or guardian. The bill describes optional criteria for local school boards to consider when developing any such plan. http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+HB603ER+pdf Title: H.B. 603 Source: http://lis.virginia.gov/ UT Signed into law 03/2012 P-12 From bill summary: Amends the early enrollment period application date for admission for the next school year to a school that is not a student's school of residence if (1) the school district is doing a districtwide grade reconfiguration of its elementary, middle, junior and senior high schools, and (2) the grade reconfiguration will be implemented in the next school year. Requires a local board to adopt policies requiring written notification of parents/guardians of each student residing in the school district and other interested parties of the revised early enrollment period if the district is doing a districtwide grade reconfiguration of its elementary, middle, junior and senior high schools and the grade reconfiguration will be implemented in the next school year. http://le.utah.gov/~2012/bills/hbillenr/hb0454.pdf Title: H.B. 454 Source: le.utah.gov SD Signed into law 03/2012 P-12 Establishes a deadline within each semester after which no student may transfer to a school district other than the resident school district through the enrollment options program. Deadlines established in this section do not apply to any student seeking to attend an alternative school that is operated by a school district or with which a school district contracts. http://legis.state.sd.us/sessions/2012/Bills/HB1189ENR.pdf Title: H.B. 1189 Source: http://legis.state.sd.us WI Signed into law 02/2012 P-12 This portion of S.B. 2 establishes timelines for student application to nonresident school and for schools to respond to students making the requests. Moves the timeline for application to attend a nonresident school from February to the last weekday in April. The school board is required to respond by the 1st Monday in June, and the family is required to confirm the transfer (if approved) by the last Friday in June. District boards are to determine the number of regular and special education spaces available in January. https://docs.legis.wisconsin.gov/2011/related/acts/114 Title: S.B. 2 - Choice of Schools Provision Source: https://docs.legis.wisconsin.gov CA Vetoed 10/2011 P-12 From bill summary: Existing law, the Open Enrollment Act, allows the parent of a pupil enrolled in a low-achieving school to submit an application for the pupil to attend school in a district other than the district in which the parent of the pupil resides. Existing law defines a low-achieving school, for purposes of these provisions, as a school included by the superintendent of public instruction on a list of 1,000 schools ranked by increasing Academic Performance Index score. Existing law provides that no local educational agency may have more than 10% of its schools on the list and that specified types of schools, including charter schools, may not be included on the list. New provisions instead provide that the list created by the superintendent to define low-achieving schools may include up to 1,000 schools, that a local educational agency shall not have more than 10% of its schools on the list, calculated as specified, and that county offices of education operating a special education program and state special schools should not be included on the list. Provides that a school may only be identified as a low-achieving school if it is identified on the list for 2 consecutive years. Deletes the provision excluding charter schools from inclusion on the list. Provides that a school district of enrollment may not reject the transfer of an individual with exceptional needs or an English learner if he or she is randomly selected through a lottery conducted if demand exceeds spaces available at a school. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/ab_47_bill_20110909_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/AB_47_Veto_Message.pdf Title: A.B. 47 Source: www.leginfo.ca.gov CA Signed into law 10/2011 P-12 From bill summary: Extends the operation of the provision authorizing the district in which a pupil's parent or the legal guardian is physically employed to allow the pupil to attend a school in that district, through June 30, 2017 (this provision previously set to repeal July 2012), and repeals the provision on January 1, 2018. Additionally modifies this provision by requiring that the parent or legal guardian's employment occur within the boundaries of that school district for a minimum of 10 hours during the school week. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0351-0400/sb_381_bill_20111003_chaptered.pdf Title: S.B. 381 Source: www.leginfo.ca.gov CA In Senate. Consideration of Governor's veto pending 09/2011 P-12 Existing law defines a school district of choice as one in which the district's governing board has, by resolution, elected to accept interdistrict transfers and has determined the number of transfers it is willing to accept through a random, unbiased process. Existing provisions either require or permit priority for transfers to be given to children from certain specified groups. New provision requires a school district of choice to give priority for attendance to English learners, pupils who are individuals with exceptional needs, and pupils who are eligible for free and reduced-price meals. Requires that a school district of choice ensure that a pupil who transfers into the district is enrolled in a school with a higher Academic Performance Index score than the school in which the pupil was previously enrolled. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0701-0750/sb_745_bill_20110823_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/SB_745_Veto_Message.pdf Title: S.B. 745 Source: www.leginfo.ca.gov OR To governor 07/2011 P-12 Allows student to attend school in school district where student does not have legal residence if student receives written consent from district where school is located. Sunsets July 1, 2017. Requires school district to implement existing individualized education program for child who becomes resident of school district until new program is developed. http://www.leg.state.or.us/11reg/measpdf/hb3600.dir/hb3681.a.pdf Title: H.B. 3681 Source: http://www.leg.state.or.us CA Signed into law 07/2011 P-12 From bill summary: Expresses legislative intent that school districts and county boards of education use their best efforts to expeditiously process interdistrict attendance appeals. Also requires, until July 1, 2015, that, in a class 1 county, which is defined in existing law as a county with 1994–95 average daily attendance of more than 500,000, or a class 2 county, which is defined in existing law as a county with 1994–95 average daily attendance of at least 180,000 but less than 500,000, the county board of education determine whether the pupil should be permitted to attend the school district in which the pupil desires to attend and the applicable period of time within 40 school days after the appeal is filed rather than 30 calendar days after the appeal is filed. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1051-1100/ab_1085_bill_20110715_chaptered.pdf Title: A.B. 1085 Source: www.leginfo.ca.gov NH Signed into law 06/2011 P-12 Provides further detail on the procedure for resolving residency disputes. Excludes homeless children from the list of pupils whose residency can be determined by the commissioner of the department of education. Lengthens the time for determination of residency dispute by the commissioner to 30 days (from 14), except in the case where interruption of educational or related services has occurred. Allows period for determination to be extended with parental consent and provides that parents or legal guardians may submit a residency dispute for determination to the commissioner. http://www.gencourt.state.nh.us/legislation/2011/SB0037.html Title: S.B. 37 Source: www.gencourt.state.nh.us FL Signed into law 06/2011 P-12 From House of Representatives Staff Analysis: Expands the definition of a failing school for purposes of student eligibility for the Opportunity Scholarship Program (OSP) (Created in 1999 as part of a broad education reform package known as the A+ Plan; Designed to provide parents of public school students in failing schools the opportunity to send their children to another public school performing satisfactorily or to an eligible private school), by changing the classification of a failing school from a school receiving two "F's" in a four-year period to a school that receives a "D" or an "F" in the prior year and is in one of the two lowest categories of differentiated accountability. Expands the authorization parents currently have to choose a higher-performing public school that has space available in an adjacent school district to allow a parent to choose a higher-performing public school in any other school district in the state. Provides that if a parent chooses a higher-performing public school within the assigned district, the school district is required to provide transportation. Repeals all portions of the law relating to the OSP private school choice options to comply with existing case law that found this portion of the OSP unconstitutional. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1331er.docx&DocumentType=Bill&BillNumber=1331&Session=2011 Title: H.B. 1331 Source: http://www.myfloridahouse.gov OR Signed into law 05/2011 P-12 Allows student to attend school in school district where student does not have legal residence if student receives written consent from district where school is located. Requires school district to implement existing individualized education program for child who becomes resident of school district until new program is developed. Sunsets July 1, 2017. http://www.leg.state.or.us/11reg/measpdf/hb3600.dir/hb3681.a.pdf Title: H.B. 2282 Source: http://www.leg.state.or.us/ AR Signed into law 04/2011 P-12 Amends transportation policies affecting open enrollment students. Authorizes the receiving districts or charters to transport students to and from the transferring district or charter school, and the cost of transporting students will be the responsibility of the transferring district or charter school. Caps transferring district/charter costs for transportation at $400 per student per year. Declares that a district may not deny a student the ability to attend a school in the student's school district of choice under unless there is a lack of capacity at the school in the student's school district of choice. Defines "lack of capacity." http://www.arkleg.state.ar.us/assembly/2011/2011R/Bills/SB788.pdf Title: S.B. 788 Source: http://www.arkleg.state.ar.us NM Signed into law 03/2011 P-12 Creates the A-B-C-D-E-F rating system to grade public schools in a way that is easily understandable to parents, school personnel and the community. Establishes the criteria for rating schools; provides funding for failing schools to implement programs linked to student achievement; allows for students to transfer to schools not rated with an F. School will be rated on student performance and growth and other indicators http://www.nmlegis.gov/Sessions/11%20Regular/final/SB0427.pdf Title: S.B. 427 Source: http://www.nmlegis.gov/ CA Signed into law 09/2010 P-12 From bill analysis: Precludes a pupil enrolled in a school through an interdistrict transfer provision from having to reapply for an interdistrict transfer and requires that a district allow a pupil to continue to attend the school in which he/she is enrolled, except as specified in terms and conditions for reapplication or revocation agreed to by the district of residence (DOR) and district of enrollment (DOE). Also prohibits a district from rescinding transfer permits for pupils entering grades 11 or 12. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2401-2450/ab_2444_bill_20100924_chaptered.pdf Title: A.B. 2444 Source: www.leginfo.ca.gov NJ Signed into law 09/2010 P-12 Creates the permanent Interdistrict Public School Choice Program. Directs the commissioner to create a program that will allow districts to become "choice districts" and allow students from outside district boundaries to transfer into them. Addresses desegregation orders and transportation costs. http://www.njleg.state.nj.us/2010/Bills/AL10/65_.PDF Title: A.B. 355 Source: http://www.njleg.state.nj.us CA Emergency Regulations 08/2010 P-12 This emergency rulemaking action establishes the process for determining the 1,000 California open enrollment schools from which students may apply to transfer to higher achieving schools within their school district or in another school district. The emergency rules specify the time by which a school district containing one of more of these 1,000 schools must notify parents of their children's rights to apply for a transfer. The emergency rules also specify that pupils enrolled in higher achieving schools as a result of transfers pursuant to these regulations need not reapply for enrollment in order to remain in attendance regardless of whether the pupil's previous school remains on the list of 1,000 open enrollment schools. Title: Title 5 CCR Sec(s) 4700, 4701, 4702 Source: Westlaw/StateNet TX Adopted 07/2010 P-12 Makes various changes to state accountability provisions. Language below primarily from July 23, 2010 Texas Register. 97.1051: Amends definitions. Changes the definition of "campus closure" to remove references to "repurposing," which is now defined in statute. 97.1053: Purpose, updates statutory references in alignment with 2009 H.B. 3. 97.1055: Clarifies the process for assigning accreditation statuses during the period of transition to new H.B. 3 requirements. Adds new language regarding when an accreditation status may be raised or lowered based on the performance of the district or one or more campuses in the district. Also states how the statutory requirements related to a financial solvency review and projected deficit affect accreditation statuses. In addition, the adopted amendment incorporates current agency procedures for completing the asset-to-liability calculation for the purposes of charter financial accountability. Language is added, providing an additional method for districts to meet the notification requirements related to a lowered accreditation status. 97.1057: Accreditation Sanctions. Updates statutory references and adds information regarding the factors the commissioner must consider in determining whether to impose a particular sanction based on resource allocation practices. 97.1059: Standards for All Accreditation Sanction Determinations. Updates statutory references and adds language to reflect statutory requirements regarding the commissioner's obligation to review the performance of a district. Specifically, the commissioner must review at least annually the performance of a district for which the accreditation status has been lowered due to insufficient student performance. The adopted amendment also requires the commissioner to increase sanctions if a lack of improvement is shown unless there is good cause not to do so. 97.1061: Interventions and Sanctions for Campuses. Adds language to align with new statutory requirements related to campuses that satisfy current performance standards under TEC, §39.054(e), but that would not satisfy performance standards if the standards to be used for the following school year were applied to the current school year. Also adds language to align with new statutory requirements for intervening with and sanctioning campuses with performance below any standard under TEC, §39.054(e), including requirements relating to a hearing and a school community partnership team (SCPT). Adds new statutory language that allows the commissioner to accept certain interventions that a campus has implemented under federal accountability requirements in lieu of required state measures if the intervention measures are substantially similar. 97.1063: Campus Intervention Team; Reconstitution. Implements the provisions of HB 3 related to campuses below any standard under TEC, §39.054(e), and the assignment of a campus intervention team (CIT) to those campuses. Defines the duties and responsibilities of the CIT, including responsibilities to conduct a targeted on-site needs assessment relevant to the areas of insufficient performance or, if the commissioner determines necessary, a comprehensive on-site needs assessment. Also outlines requirements related to the development and submission of a school improvement plan (SIP) by a campus and establishes timelines for how long the CIT will be assigned to a campus. Outlines requirements related to the involvement of the board of trustees of a school district in conducting a hearing to notify the public of the insufficient performance of one or more campuses within the district, the improvements expected by the agency for the campus(es), and the intervention measures or sanctions that may be imposed under the subchapter if performance does not improve. Also details requirements related to public posting of the SIP and, as appropriate, modification of the SIP in response to public comment. Further notes that the commissioner may authorize a SIP or updated SIP developed under 19 TAC Chapter 97, Subchapter EE, to supersede the provisions of and satisfy the requirements of developing, reviewing, and revising a campus improvement plan under TEC, Chapter 11, Subchapter F. Also specifies actions that the commissioner may take if the commissioner determines that a campus for which an intervention is ordered is not fully implementing the CIT's recommendations or the SIP or updated SIP. References and requirements related to the School Leadership Pilot Program are stricken from 19 TAC §97.1063 in alignment with changes in HB 3. Language is added to this section to clarify that, if assigned by the commissioner, a SCPT may supersede the authority of and satisfy the requirements of establishing and maintaining a campus-level planning and decision-making committee under TEC, Chapter 11, Subchapter F. The section title is also changed. 97.1064: Reconstitution, updates and relocates reconstitution requirements that previously were reflected in 19 TAC §97.1063. Continues to state the timelines under which a campus will be ordered to undergo reconstitution and describes the role of the CIT in updating and seeking approval of the SIP. Continues to include language regarding the authority of the CIT to determine which educators may be retained at a reconstituted campus but revises language in accordance with HB 3 to describe circumstances surrounding a CIT's determination related to the retention of the principal at a campus that is undergoing reconstitution. Continues to describe the authority of the commissioner to assign a monitor, conservator, management team, or board of managers to ensure and oversee district and campus-level activities related to required intervention and sanction activities and outlines factors the commissioner must take into consideration when appointing individuals to serve in these roles. References the authority of the commissioner to impose on a district or campus certain other sanctions that are reasonably required and addresses the role of the district in successful campus reconstitution. 97.1065: Campus Closure or Alternative Management. Changes the section title. Implements the provisions of HB 3 related to circumstances under which the commissioner may, or is required to, order certain sanctions for campuses with insufficient performance over multiple years. Specifically, revises the timeline under which the commissioner is required to order a sanction for certain campuses and adds repurposing, in addition to campus closure and alternative management, as one of the sanctions that must be ordered by the commissioner. Also establishes that repurposing, alternative management, or campus closure may be ordered for a multi-year unacceptable campus if students fail to demonstrate substantial improvement in the areas targeted by an updated SIP. Furthermore, establishes that re-purposing, alternative management, or campus closure will be ordered if a campus has been identified as unacceptable for the third, as opposed to second, consecutive year after reconstitution is required to be implemented, thus adding an additional year to the mandatory intervention timeline previously established in statute. Additionally, provides for a one-year waiver of these required sanctions if the commissioner determines that, based on significant improvement over the preceding two school years, the campus is likely to be acceptable in the following year. Also establishes the requirements that must be met before the commissioner can approve a plan for campus repurposing and includes parameters that may be considered by the commissioner when determining whether to order repurposing, alternative management, or campus closure when one of these sanctions is required. Also outlines requirements and procedures for the district to appeal the commissioner's order of repurposing, alternative management, or campus closure and outlines other sanction actions that the commissioner may impose to achieve the purposes outlined in TEC, Chapter 39, and 19 TAC Chapter 97, Subchapter EE. 97.1067: Updates statutory references in alignment with HB 3. 97.1069: Providers of Alternative Campus Management. Updates requirements to align with HB 3 by allowing the commissioner to solicit proposals from qualified for-profit entities to assume alternative management of a campus if a non-profit entity has not responded to the commissioner's request for qualifications. 97.1071: Special Program Performance; Intervention Stages. Updates statutory references in alignment with HB 3. 97.1073: Appointment of Monitor, Conservator, or Board of Managers. Updates statutory references to provide clarity and align with HB 3. Sections 97.1051 and 97.1055 adopted as published in the July 23, 2010 Texas Register (pp 24-28 of 34): http://www.sos.state.tx.us/texreg/pdf/backview/0723/0723adop.pdf The amendments to §§97.1053, 97.1057, 97.1059, 97.1063, 97.1065, 97.1067, 97.1069, 97.1071, and 97.1073; the repeal of §97.1061; and new §97.1061 and §97.1064 are adopted as published in the April 23, 2010 Texas Register (pp 18-32 of 98): http://www.sos.state.tx.us/texreg/pdf/backview/0423/0423prop.pdf Title: 19 TAC 97.1051, 1053, 1055, 1057, 1059, 1061, 1063, 1064, 1065, 1067, 1069, 1071, 1073 Source: www.sos.state.tx.us LA Signed into law 06/2010 P-12 Establishes a school choice pilot program in certain parishes for certain students with special needs the opportunity to attend schools of their parents' choosing. Provides for the purpose of the program; ligibility requirements for participating students and nonpublic schools. http://www.legis.state.la.us/billdata/streamdocument.asp?did=722085 Title: H.B. 216 Source: http://www.legis.state.la.us KS Signed into law 05/2010 P-12 Relates to the enrollment in and attendance of pupils that are not residents of a school district, and the providing of transportation for such students; the school district providing the transportation is to notify the local board of education where the pupil resides prior to providing the transportation; under the provisions of the bill and for school finance purposes (except for transportation weighting) the non-resident student would be counted in the district in which the student is enrolled. School districts with territory located in Johnson, Sedgwick, Shawnee or Wyandotte counties are not allowed to exercise the authority granted in this bill; provides such student shall be charged for the costs of attendance. Bill removes the requirement that the State Board of Education review and approve new school building plans and clarifies that the law applies to renovation and resconstruction. Chapter 2010-149 http://www.kslegislature.org/bills/2010/2595.pdf Title: H.B. 2595 Source: http://www.kslegislature.org WI Signed into law 05/2010 P-12 Requires a nonresident school district that is a union high school district (a district operating only grades 9 to 12) to give preference to pupils who are attending an underlying elementary school district (a district operating only grades Kindergarten to eight) of the nonresident school district under the Open Enrollment Program. (Act No. 303) http://www.legis.state.wi.us/2009/data/SB-250.pdf Title: S.B. 250 Source: http://www.legis.state.wi.us WI Signed into law 05/2010 P-12 If a pupil attending the school district under open enrollment (OEP) is habitually truant (absent from school without an acceptable excuse for part or all of five or more school days during any semester) during either semester in the current school year, the school board may then prohibit the pupil from attending school in the school district under the OEP in the succeeding semester or school year. (Act No. 304) http://www.legis.state.wi.us/2009/data/SB-342.pdf Title: S.B. 342 Source: http://www.legis.state.wi.us AZ Signed into law 05/2010 P-12 Postsec. Exempts private schools approved by the department of education's division of special education prescribed in the pupil's individualized education program from rules adopted by the state board of education prior to 11/24/09. Changes the office of the county school superintendent from a local education service agency to a local education agency. Removes requirement that district open enrollment policies be filed with the department of education and requires district policies for open enrollment to be posted on the district's website and available to the public upon request. Reduces the amount of time pupils in grades seven and eight must be enrolled in an instructional program from 1068 hours to at least 1000 hours beginning in fiscal year 2010-2011. Requires the board of regents, in consultation with the community college districts in Arizona, to develop and implement common equivalencies for specific levels of achievement on advanced placement examinations and international baccalaureate examinations offered in the state's high schools in order to award commensurate postsecondary academic credits at community colleges and public universities in the state. Repeals the College and Career Readiness Task Force enacted last year. Chapter 332 http://www.azleg.gov/legtext/49leg/2r/bills/hb2725s.pdf Title: H.B. 2725--Multiple Provisions Source: http://www.azleg.gov/legtext/49leg/2r/bills/hb2725s.pdf ME Signed into law 04/2010 P-12 Enables school administrative units to establish and operate innovative, autonomous public schools that meet the requirements of the federal Race to the Top Assessment Program application. A school board may request waivers as necessary to implement an instructional model and associated curriculum that meet the standards of this section for innovation and autonomy. Any resident student in a school administrative unit is eligible to request enrollment in an innovative, autonomous public school. Enrollment may not be limited to a target population of students. A school board shall establish a method for selecting students when requests for enrollment exceed capacity. An innovative, autonomous public school must demonstrate a system for accountability for student achievement that exceeds, but is not in conflict with, the state's accountability standards and the state's assessment system. http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC616.asp Title: S.B. 706 Source: http://www.mainelegislature.org MA Signed into law 01/2010 P-12 Directs the department of education to study the possibility of allowing students living outside of the commonwealth who are eligible to attend public schools operating in the same geographic area as a charter school or a regional charter school to be eligible to attend the charter or regional charter school. (Section 14) http://www.mass.gov/legis/bills/senate/186/st02/st02247.htm Title: S.B. 2247; (NEW BILL) Source: http://www.mass.gov CA Signed into law 01/2010 P-12 Establishes the Open Enrollment Act. Creates new Sections 48350 and ff. of the Education Code, allowing students attending low-achieving schools to attend public schools in districts other than their district of residence. Provides no district may have more than 10% of its schools on the list of transfer-out schools. Provides that charter schools may not be included on a list of transfer-out schools. Establishes application procedures. Allows a school district of residence or transfer district to prohibit a student's transfer or limit the number of students who transfer if the local board determines such transfer would negatively impact the district's desegregation plan or racial/ethnic balance. Bars districts from adopting any other policies that prevent or discourage students from applying to transfer to another district. Specifies that students transferring districts must be enrolled in a school with a higher Academic Performance Index than the school in which the student was previously enrolled and must be selected through a random, unbiased process. Directs the state superintendent to contract for an independent evaluation of the open enrollment program. Directs the superintendent to provide a final evaluation report to the Legislature, Governor, and state board on or before October 1, 2014. Pages 1-6 of 7: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_4_bill_20100107_chaptered.pdf Title: S.B. 4E - Open Enrollment Source: www.leginfo.ca.gov CA Signed into law 10/2009 P-12 Requires any communication made by a school district of choice to parents or guardians to be factually accurate and not target individual parents or residential neighborhoods on the basis of personal characteristics of pupils. Requires a district of choice to ensure that the auditor who conducts the district's annual financial audit reviews compliance with the requirements for a random, unbiased selection process and appropriate communications, and requires the district to notify the auditor regarding this compliance review prior to the commencement of the annual audit. Prohibits a school district of choice from rejecting the transfer of a special needs pupil, including an individual with exceptional needs or an English learner. Eliminates limitations on the ability of a district of choice to accept children of military personnel. Sets conditions on the ability of a school district of residence to limit the number of students who transfer out each year. Specifies that the accounting of all requests made for alternative attendance by school districts of choice include specified categories to the required accounting of requests for transfers. Existing legislation requires this information to be reported to the superintendent of public instruction; new legislation would also require that this information be reported to the department of finance. Requires the department of finance to make the information available upon request to the legislative analyst. Requires the legislative analyst annually to make specified information regarding interdistrict transfers available to the governor and the appropriate fiscal and policy committees of the legislature. Deletes provision that prohibits a district's local board from electing to become a district of choice after August 24, 2007. Directs the legislative analyst to conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program, make recommendations regarding the extension of the program, incorporate in that evaluation the data annually made available by the department of finance, and complete and submit the evaluation and the recommendations to the appropriate education policy committees of the legislature and the governor by November 2014. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0651-0700/sb_680_bill_20091011_chaptered.pdf Title: S.B. 680 Source: www.leginfo.ca.gov NH Signed into law 07/2009 P-12 Separates the open enrollment provisions from the chartered public school statute and establishes a new chapter on open enrollment schools. http://www.gencourt.state.nh.us/legislation/2009/HB0688.html Title: H.B. 688 Source: http://www.gencourt.state.nh.us OH Signed into law 07/2009 P-12 Section 3306.29: Establishes the Ohio school funding advisory council. Directs the council, by December 1, 2010 and every other year thereafter, to provide recommendations to the state board, the general assembly and the public for revisions to the adequacy components of the evidence-based school funding model . Requires that the recommendations be based on current, high quality research, information provided by school districts, and best practices in operational efficiencies. Requires that the December 2010 recommendations include analysis of the funding model's adequacy in financing for special education, gifted education services, career-technical education, arts education, services for limited English proficient students, and early college high schools. Also requires the 2010 report to include: (1) Recommendations for a student-centered evidence-based model that uses a per-pupil level of funding to follow a student to the school that best meets the student's individual learning needs (2) A study of the extent to which current funding for joint vocational school districts and compact and comprehensive career-technical schools is responsive to state, regional and local business and industry needs, and recommendations for revisions to career-technical education programming and funding (3) A study of the extent to which the current educational service center system supports school districts in academic achievement, teacher quality, shared educational services, and the purchasing of educational services and commodities, and recommendations for a new regional service delivery system, the educational service system governance structure, and accountability metrics for educational service centers (4) A study of existing teacher compensation and retirement benefits structures, and recommendations for changes to the systems of teacher compensation and retirement benefits to improve the connections between teacher compensation, teaching excellence and higher levels of student learning (5) A consideration of whether community schools (charter schools) and STEM schools should be subject to the expenditure and reporting standards and accountability requirements that apply to school districts (6) An analysis of the effects of open enrollment on students and districts, and recommendations for ensuring that open enrollment policies and financing are equitable for students and districts. Authorizes the council's analyses and recommendations for 2010 or subsequent biennia to address (but not be limited to): (1) Strategies and incentives to promote cost-saving measures and efficiencies (2) Options for adding learning time to the learning year, such as moving educator professional development to summer, adding learning time for children with greater educational needs, accounting for learning time by hours instead of days, and appropriate compensation to districts and staff for providing additional learning time (3) The adequacy of the model's accounting for and financing of operational costs, including district-level administration and administrative and transportation challenges experienced by low-density and low-wealth school districts, and the effect of those costs on student achievement (4) The accuacy of the calculation of each component of the funding model, and the model as a whole, in light of current educational needs and practices, and best practices (5) Options to encourage districts and schools already attaining "excellent" ratings under the state accountability system to go beyond state standards and aspire to higher international norms. Section 3306.291: Establishes a subcommittee of the Ohio school funding advisory council to study and make recommendations to foster collaboration between school districts and community schools. Directs the subcommittee to recommend fiscal strategies, including changes to the evidence-based funding model, that will provide incentives and compensation for districts and community schools to enter into collaborative agreements resulting in creative and innovative academic programming, and academic and fiscal efficiency. Directs the subcommittee to report its findings and recommendations to the general assembly by September 2010, and periodically thereafter at the direction of the state superintendent. Section 3306.292: Permits the Ohio school funding advisory council to establish additional subcommittees. Leaves the membership and duties of the additional subcommittees to the discretion of the advisory council. Provides that up to one-half of the members of each additional subcommittee may be individuals who are not members of the council. Pages 1103-1106 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3306.29, 3306.291 and 3306.292 Source: www.legislature.state.oh.us WI Vetoed 06/2009 P-12 Line-item veto: Provision would have provided a 10% bonus to districts that would be willing to take in students from outside of their district. However, to qualify, at least 10% of the district's student population would be required to come from out of district. Pages 471-472 of 692: http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf Title: A.B. 75 Source: www.legis.state.wi.us WI Vetoed 06/2009 P-12 Line-item veto: Provides that no school district located in whole or in part in Milwaukee County may receive more in additional state aid in the 2009-10 school year as a result of accepting pupils who reside in the Milwaukee Public Schools under the open enrollment program than the school district received in additional state aid in the 2008-09 school year as a result of accepting pupils who reside in the Milwaukee Public Schools under the open enrollment program. Page 665 of 692: http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf Title: A.B. 75 Source: www.legis.state.wi.us FL Signed into law 05/2009 P-12 Postsec. Relates to tax credits for contributions to nonprofit scholarship-finding organizations; specifies that upon the request of any eligible nonprofit scholarship-funding organization, a school district shall inform all households within the district receiving free or reduced-priced meals under the National School Lunch Act of their eligibility to apply for a tax credit scholarship. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0453er.xml&DocumentType=Bill&BillNumber=0453&Session=2009 Title: H.B. 453 Source: http://www.myfloridahouse.gov GA Signed into law 05/2009 P-12 Beginning in the 2009-10 school year, allows a K-12 student to enroll in another school in the district other than the one he/she has been assigned to, provided space is available. Directs the department to establish a model universal, streamlined process to implement these transfer provisions. Requires all districts, by July 1, to establish a universal, streamlined process available to all students to facilitate interdistrict transfer that includes the state model. Requires districts to annually provide all parents timely notification of the interdistrict transfer option, and to annually notify all parents by July 1 of the schools with available space. Adds that these transfer provisions do not apply to charter schools or to newly opened schools during their first four years of operation. http://www.legis.state.ga.us/legis/2009_10/pdf/hb251.pdf Title: H.B. 251 Section 1 Source: www.legis.state.ga.us NE Signed into law 02/2009 P-12 Primarily affects the Omaha area. From the fiscal note: LB 62 changes application provisions for a student residing in a learning community who opts to attend school in an option school district which is a member of the learning community in 2009-10. The bill requires an application to be submitted between the effective date of the bill and April 1, 2009. School districts must notify applicants and the State Department of Education (NDE) about acceptances for 2009-10 by April 10, 2009. These provisions have no fiscal impact. The bill also changes the calculation of state aid for Tax Equity and Educational Opportunities Support Act (TEEOSA). Current law provides for a learning community transportation adjustment in the first two years of a new learning community. The transportation adjustment increases formula need for schools in a learning community by an amount equal to the estimated cost to provide free transportation for students transferring to other schools in the learning community pursuant to subsection (2) of Section 79-611. LB 62 changes the fiscal years of the adjustment in the formula to the second and third years of a new learning community rather than the first and second years of the learning community. So, the transportation adjustment is delayed a year. It will not be part of the calculation of state aid in 2009-10, but instead will be included as an adjustment n 2011-12. Adjustments increase state aid to schools eligible for the adjustment. The change aligns the learning community transportation adjustment in the state aid formula with the initiation of open enrollment in the new learning community. Open enrollment in the learning community begins in 2010-11. During the first two years of open enrollment in the learning community, the expenses for transportation are not included in the calculation of general fund operating costs because the state aid calculation uses two year old data. Providing a transportation adjustment to schools in the learning community in 2010- 11and 2010-11 covers the costs of transporting eligible students to other schools in the learning community in the year in which the transportation costs are incurred. The change from current law will result in an increase in state aid paid in 2011-12 in the amount of the transportation adjustment. The amount of the transportation adjustment is unknown because the attendance of children in other than the school district of residence in the new learning community is unknown as are transportation costs for such attendance. The bill also requires NDE to annually certify to each learning community and each member school district the average percentage of students qualifying for free or reduced-price lunches in each school building. http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB62.pdf Title: L.B. 62 Source: http://www.nebraskalegislature.gov UT Adopted 09/2008 P-12 Rewrites rule addressing open enrollment for public school students. Title: R277-437 Source: Lexis-Nexis/StateNet LA Signed into law 07/2008 P-12 Allows the parent or legal guardian of a student assigned to attend a school in a Recovery School District the option to enroll their child in any school operated by the original school system if a sufficient capacity at the appropriate grade level exists; relates to charter schools; provides for attendance zones in accordance with established policy and any federal court order, judgment or consent decree. http://www.legis.state.la.us/billdata/streamdocument.asp?did=504270 Title: S.B. 447 Source: http://www.legis.state.la.us/ CA Signed into law 07/2008 P-12 Requires the governing board of a school district to calculate the capacity of the schools in the district for purposes of the open enrollment policy in a nonarbitrary manner using pupil enrollment and available space. Makes various technical and conforming changes to related provisions of existing law. Chapter 113. http://www.senate.ca.gov/ Title: S.B. 1207 Source: http://www.senate.ca.gov/ SC Signed into law 06/2008 P-12 Provides that any high school student who is the victim of physical abuse, harassment, or stalking by a classmate during school hours or otherwise resulting in a restraining order being granted against the classmate by a court of competent jurisdiction, may transfer with the consent of the student's school district to another high school within or out of the district without any loss of eligibility to participate in interscholastic activities at the school to which the student transfers. http://www.scstatehouse.net/sess117_2007-2008/bills/4758.htm Title: H.B. 4758 Source: http://www.scstatehouse.net MN Signed into law 05/2008 P-12 Authorizes the commissioner to enter into an agreement with the designated authority from an adjoining state to establish an enrollment options program between Minnesota and the adjoining state. Provides provisions by which any such agreement must meet. [Sec. 10] https://www.revisor.leg.state.mn.us/bin/getbill.php?number=HF1812&session=ls85&version=list&session_number=0&session_year=2007 Title: H.B. 1812 Source: https://www.revisor.leg.state.mn.us NE Signed into law 04/2008 P-12 From the fiscal note: LB 1154 pertains to learning communities. Section 8 changes the requirements for transportation of students in a learning community. Free transportation is to be provided to a student contributing to the socioeconomic diversity of enrollment who is attending another school in the learning community, only if the student lives more than one mile from the school to which he or she transfers. The change may result in a minimal decrease in transportation expenses for affected school districts. Section 9 redefines focus programs, focus schools, magnet schools and pathways. It appears the bill clarifies that school districts may establish one or more focus schools or programs or magnet schools. There appears to be no fiscal impact for these provisions. Section 10 allows a school district to exceed its applicable allowable growth rate for expenditures to pay another school district for the transfer of land from such other school district to the district seeking to exceed its applicable allowable growth rate. Any increased spending pursuant to this provision will increase state aid, two years later. Schools are also allowed to exceed the allowable growth rate by the amount of estimated increased expenditures above that of the second preceding school year for telecommunication services and access to and transmission of data on networks in the first two years that a district participates in Network Nebraska, or in 2008-09, if the district participated in 2007-08. http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Slip/LB1154.pdf Title: L.B. 1154 Source: http://uniweb.legislature.ne.gov IA Signed into law 04/2008 P-12 Relates to voluntary diversity or court-ordered school desegregation plans under the state's open enrollment law. Deletes provision that "court-ordered desegregation, minority and nonminority pupil ratios shall be maintained according to the desegregation plan or order." Bill is in response to Supreme Court Ruling. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&ga=82&hbill=HF2164 Title: H.F. 2164 Source: http://coolice.legis.state.ia.us MD Signed into law 04/2008 P-12 Requires a superintendent of schools of a county to allow a child to attend a public school in a school attendance area other than the school in the school attendance area where the child is domiciled with the child's parent or legal guardian if the child lives with a relative in the school attendance area in an informal kinship care relationship due to a serious family hardship. http://mlis.state.md.us/2008rs/bills/sb/sb0077e.pdf Title: S.B. 77 Source: http://mlis.state.md.us/ UT Signed into law 03/2008 P-12 Modifies provisions allowing students to attend public schools other than their school of residence. Provides for an early and a late enrollment period and establishes different open enrollment thresholds for the early and late enrollment periods. Provides that a school is open for the enrollment of nonresident students if the enrollment level is at or below the open enrollment threshold. Allows local boards to permit enrollment of nonresident students in a school operating above the open enrollment threshold. Requires local boards to adopt policies on submission of applications by students seeking admission during the late enrollment period. Sets deadlines by which a district must respond to a student's application during the early and late enrollment periods. Provides exceptions to these deadlines due to specified circumstances. Provides for the use of a lottery system in determining which nonresident students will be excluded from continued enrollment in a school when multiple nonresident students have the same number of school days in the school. Requires local board policies to include policies and procedures to assure that decisions regarding enrollment requests are administered fairly without prejudice to any student or class of student. Provides that local board standards for accepting or rejecting an application for enrollment may include: (1) Not having capacity in a special education or other special program the student requires (2) Maintenance of reduced class sizes in a school using state, federal, local or school trust monies for this purpose (3) Giving priority to intradistrict transfers over interdistrict transfers. Provides that, with the exception of student transfer due to health or safety reasons, a student who transfers schools through open enrollment may not transfer to a different school during the same school year, although a local school board may adopt a policy allowing a student to exercise an open enrollment option more than once in a school year. Provides that a student who is enrolled in a school that is not the student's school of residence, because school bus service is not provided between the student's neighborhood and school of residence for safety reasons must be allowed to continue to attend the school until the student finishes the highest grade level offered, and must be allowed to attend the middle school, junior high school, or high school into which the school's students feed until the student graduates from high school. Requires local school boards to post data on the school district's Web site regarding school capacity and applications for enrollment of nonresident students. http://le.utah.gov/~2008/bills/hbillenr/hb0349.pdf Title: H.B. 349 Source: le.utah.gov UT Adopted 11/2007 P-12 Provides for greater flexibility in allowing students to transfer from one school district to another or within the student's resident school district. Title: R277-437 Source: Lexis-Nexis/StateNet MA Issued 08/2007 P-12 Postsec. Community College Establishes the Readiness Project to develop a plan to implement fundamental and systemic reforms to public education in the Commonwealth over the next ten years. The project will have three chairs appointed by the Governor.  The plan will include recommendations to: (1) Deliver universal and high quality early education for three- and four-year-olds as well as Full-Day kindergarten; (2) Expand time for teaching and learning in primary and secondary schools; (3) Extend education an additional two years beyond secondary school to better prepare students for higher education, work and citizenship; (4) Align curricula from pre-Kindergarten through high school, higher education and work force development, including with an emphasis on science, technology, engineering and math as well as other subjects and methods that enhance creativity and problem-solving skills; (5) Structure and support a reasonable degree of school choice, including charter and pilot schools, so that all serve as complementary components of a comprehensive system; (6) Recruit, retain and develop strong educators and administrators at all levels; (7) Streamline and strengthen teacher certification and licensing; (8) Improve the Massachusetts Comprehensive Assessment System and introduce additional appropriate standards and assessments to measure other aspects of students' academic development; (9) Fund the education system adequately, equitably and reliably, including for students with special educational needs; (10) Facilitate collaboration between and among the Commonwealth's public and private institutions of higher education; (11) Strengthen the structure and clarify the mission of the institutions that comprise the University of Massachusetts system and all public higher education institutions in the Commonwealth; (12) Implement an effective and efficient accountability system for students, instructors and administrators from pre-Kindergarten through higher education that enables authorities both to review performance and to target assistance where it is most needed; and (13) Leverage information technology throughout the system to improve instruction, student acquisition of skills, administrative processes, and the quality of and access to data. implements fundamental and systemic reforms to public education in the Commonwealth over the next 10 years. http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_489.pdf Title: Executive Order No. 489 Source: http://www.mass.gov SC Vetoed 06/2007 P-12 Provides for a pilot "testing" of a public school open enrollment choice program in the public school system. http://www.scstatehouse.net/sess117_2007-2008/bills/3124.htm Title: H.B. 3124 Source: http://www.scstatehouse.net TN Signed into law 06/2007 P-12 Permits children of teachers who live outside of the state to attend a school within the district where the teacher is employed at no tuition charge. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0545.pdf Title: S.B. 1585 Source: http://www.legislature.state.tn.us AZ Vetoed 06/2007 P-12 Relates to open enrollment for students in schools ordered to desegregate. Title: H.B. 2119 Source: http://www.azleg.govt/ NV Signed into law 05/2007 P-12 Establishes the Program of School Choice for Children in Foster Care for certain pupils who are in foster care, to be administered by the department of education. The legal guardian or custodian of a child who is in foster care may apply to participate in the Program and enroll in a public school other than the public school which the child is zoned to attend. A child who participates in the program is included in the count of pupils in the school district in which the child attends school for purposes of apportionments and allowances from the state distributive school account. http://www.leg.state.nv.us/74th/Bills/SB/SB400_EN.pdf Title: S.B. 400 Source: http://www.leg.state.nv.us AR Signed into law 03/2007 P-12 Amends certain provisions of the Public School Choice Act of 1989; provides that any student who accepts a school choice transfer may return to his or her resident district during the course of the school year; provides that if the transferred student returns to his or her resident district during the school year, the student's transfer is voided and the student shall reapply for any future transfer. (Act No. 552) http://www.arkleg.state.ar.us/ftproot/bills/2007/public/HB2251.pdf Title: H.B. 2251 Source: http://www.arkleg.state.ar.us ND Signed into law 03/2007 P-12 Relates to school district tuition per student payments; relates to students sent to another district.Specifies that the tuition amount payable for the individual student is the lesser of: (1) The full cost of education per student incurred by the admitting district; or (2) One hundred fifty percent of the state average full cost of education per student. http://www.legis.nd.gov/assembly/60-2007/bill-text/HANK0200.pdf Title: H.B. 1281 Source: http://www.legis.nd.gov SD Signed into law 03/2007 P-12 Allows the Department of Education to enter into enrollment agreements with the State of Iowa. http://legis.state.sd.us/sessions/2007/bills/HB1236enr.pdf Title: H.B. 1236 Source: http://legis.state.sd.us SD Signed into law 02/2007 P-12 Removed provision that required students who are not residents of South Dakota to reside in school districts that border South Dakota in order to participate in interstate enrollment options program between North and South Dakota. http://www.legis.state.sd.us/sessions/2007/bills/HB1038enr.pdf Title: H.B. 1038 Source: http://www.legis.state.sd.us IA Adopted 02/2007 P-12 These amendments are in response to the June 28, 2007, decision of the United States Supreme Court that student assignments may not be based solely or primarily on race. Thus, under the amended rules, eligible school districts will still be able to deny open enrollment requests if the gain or loss of the student will negatively impact the district's voluntary diversity plan. Rather than defining "minority student" solely in terms of race, the amendments allow eligible districts to define the term for themselves as long as race is not the sole or the determinative factor. Provides that eligible school districts will still be able to deny open enrollment requests if the enrollment or release of the student will negatively impact the district's voluntary diversity plan. http://www.iowa.gov/educate/component/option,com_docman/task,doc_download/gid,4674/ Title: IAC 281-17.2(282), 17.6(2), 281-17.14(282), 17.14(1) through 17.14(5) Source: http://www.iowa.gov IA Signed into law 06/2006 P-12 Clarifies that the interdistrict open enrollment program is open to students in grades K-12. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272 Title: S.B. 2272 - Section 43 Source: coolice.legis.state.ia.us VT Signed into law 05/2006 P-12 Directs the commissioner of education to send annually to each superintendent a list of information that schools must provide to the electorate, community members, parents and students under state and federal law. Directs school boards to inform high school students and students' parents or guardians of the right to opt out of the federal requirement that student contact information be provided to military recruiters or institutions of higher education. Directs school boards to permit parents to disallow provision of student contact information to military recruiters or institutions of higher learning, or both. Requires schools to provide information each year to parents and students regarding school choice options available to them. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT127.HTM Title: H.B. 538 Source: www.leg.state.vt.us WI Signed into law 12/2005 P-12 From Legislative Council Memo: Current law, in s. 121.54 (10), Stats., authorizes a school board to provide transportation under the Open Enrollment Program for nonresident pupils who are attending public school in the school district or for resident pupils who are attending school in another school district. However, under the current law the school board may not provide transportation for a nonresident pupil to or from a location within the boundaries of the school district in which the pupil resides. Act 68 allows, but does not require a school board to provide such transportation, with the approval of the school board of the school district in which the pupil resides. http://www.legis.state.wi.us/2005/data/SB-206.pdf Title: S.B. 206 (Act. No. 68) Source: http://www.legis.state.wi.us CA Signed into law 08/2005 P-12 Authorizes a school district that accepts interdistrict transfers to give priority for attendance to children of military personnel, if the school district elected to accept transfer pupils by a resolution adopted by the governing board of the school district prior to April 1, 2005. Also makes specified exceptions to, and provisions regarding, the transfer application procedure in existing law for pupils whose parents or legal guardians are enlisted in the military. http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_208_bill_20050830_chaptered.pdf Title: A.B. 208 Source: www.leginfo.ca.gov IN Signed into law 05/2005 P-12 Specifies that if a transferor school corporation fails to take action within thirty (30) days after receipt of a transfer tuition request, the request is considered approved. Provides that a student who is placed in a facility, a home, or an institution may attend school in the school corporation in which the facility, home, or institution is located, and that the state is required to pay transfer tuition for the student if no other person or entity is required to pay the student's transfer tuition. http://www.in.gov/legislative/bills/2005/SE/SE0372.1.html Title: S.B. 372 Source: http://www.in.gov/legislative/bills AZ Signed into law 05/2005 P-12 States that if more than 150 students from a single unorganized territory are attending an adjacent district through open enrollment, the residents of the unorganized territory must be notified that the residents' children no longer qualify for open enrollment and that the residents are required to organize their own district or join an adjoining unified school district. Requires the county superintendent to prepare a ballot question for the next election to determine whether to create a unified school district or join an adjacent district. Establishes procedures for a county superintendent to propose an election to establish a unified school district on unorganized territory or join an adjacent district. States that if the newly established unified school district is unable to provide a complete academic program to students in the district, the districtg may transport students to an adjacent school district. Requires unorganized territory joining an adjacent district to provide the same educational services currently provided to students in the current boundaries of the district to all students within the revised boundaries at the beginning of the next school year. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1199 Title: S.B. 1199 Source: www.azleg.state.az.us AR Signed into law 04/2005 P-12 Repeals provision that notation must be made on a student's transcript to indicate each special education class included on the transcript. Establishes that school day must consist of at least rather than fewer than six hours of instructional time. Allows a school district to include as part of the school day the travel time between public schools or other educational programs of those students attending classes or programs authorized by law. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf Title: S.B. 1044 (sections 14-15) Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Amends the Arkansas Public School Choice Act of 1989. Requires the department of education to develop a proposed set of rules as the department deems necessary or desirable to amend the provisions of Arkansas Code § 6-18-206, to present to the House Interim Committee on Education and the Senate Interim Committee on Education by October 1, 2006, for the committees' review and consideration for possible amendments to this section and the Arkansas Public School Choice Program. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1040.pdf Title: S.B. 1040 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Establishes the Arkansas Public School Academic Facilities Program Act. Requires the Division of Public School Academic Facilities and Transportation to develop a comprehensive Arkansas Public School Academic Facilities Program that includes an academic facilities master plan program; an academic facilities custodial, maintenance, repair, and renovation manual; a public school academic facility manual; a public school academic equipment manual; and an academic facilities distress program. Defines each of the components of the Arkansas Public School Academic Facilities Program and the areas each component must address. Establishes the provisions of the academic facilites master plan program, which requires every local board to approve a ten-year districtwide facilities master plan for submission to and approval by the division of public school academic facilities and transportation. Specifies the required content of every district's facilities master plan. Requires the Division of Public School Academic Facilities and Transportation to identify a public school or school district as being in academic facilities distress if the division determines that the public school or school district has engaged in actions or inactions that result in any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, or any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district. Requires the division to provide the district with written notification of its being in academic facilities distress. Requires a public school or school district identified as being in facilities distress to develop a facilities improvement plan within 30 days from the date of receipt of the notice and promptly submit the facilities improvement plan to the division for review and approval, and revise the plan on a periodic basis. Authorizes the division to: --Provide on-site technical evaluation and assistance to any school district identified to be in facilities distress, and to make recommendations to the district superintendent regarding the care and maintenance of any academic facility in the district. Requires the district in facilities distress to accept such on-site technical evaluation and assistance. --Require the superintendent to relinquish all administrative authority with respect to the school district and appoint an individual in place of the superintendent to administratively operate the school district under the supervision and approval of the Director of the Division of Public School Academic Facilities and Transportation. --Suspend or remove all of the current board members and call for the election of a new school board for the district, in which case the school district must reimburse the county board of election commissioners for election costs as otherwise required by law; --Require the school district to operate without a local board under the supervision of the local superintendent or an individual or panel appointed by the director of the division; --Return the administration of the school district to the former board or place the administration of the school district in a newly elected school board; --Require school district staff and employees to attend training in areas of concern for the public school or school district; --Require a school district to cease immediately all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project. --Notify the public school or school district in writing that the deficiencies regarding academic facilities must be corrected within a time period designated by the division; --Petition the state board at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress or take other appropriate action as specified in statute in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district. Allows the state board to consolidate, annex, reconstitute any school district that fails to remove itself from the classification of a school district in facilities distress within two consecutive school years of receipt of notice of identification of facilities distress status by the division; and --Take any other action allowed by law that is deemed necessary to assist a public school or school district in removing criteria of facilities distress. Allows a district to appeal the state board's consolidation, annexation, or reconstitution decision to the Commission for Public School Academic Facilities and Transportation. Authorizes the commission to reverse the action of the state board if the commission finds that the school district could not remove itself from facilities distress due to external forces beyond the school district's control. Allows any student attending a public school district classified as being in facilities distress to be automatically eligible to transfer to another geographically contiguous school district not in facilities distress during the time period that a district is classified as being in facilities distress. Requires transportation costs to be paid by the resident district and the nonresident district to count the student for average daily membership purposes. Requires the Division of Public School Academic Facilities and Transportation to conduct random unannounced on-site inspections of all academic facilities that have been funded wholly or in part by moneys from the state to ensure compliance with the school district's facilities master plan and, if applicable, the school district's facilities improvement plan. Requires the division to report to the Commission for Public School Academic Facilities and Transportation within 30 days of completion of the on-site inspections. Establishes a process for a school district to appeal any determination of the Division of Public School Academic Facilities and Transportation to the Commission for Public School Academic Facilities and Transportation. Repeals Arkansas Code § 6-20-1402 on school districts' authority to borrow money for building or repairing school facilities and Arkansas Code § 6-11-130 on custodial and maintenance care for school facilities. Full text of bill as enacted: http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB593.pdf Title: S.B. 593 Source: www.arkleg.state.ar.us KY Signed into law 03/2005 P-12 Relates to nonresident student contracts; allows two local school districts to enter into a nonresident student contract for more than one year. http://lrc.ky.gov/RECORD/05RS/HB197.htm Title: H.B. 197 Source: lrc.ky.gov CA Vetoed--in Senate to unfinished business 10/2004 P-12 The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred by a local agency or school district to implement a new program or higher level of service. Existing law creates certain exceptions. This bill includes within that exception costs mandated by a statute or executive order that imposes a duty on a local agency or school district that was expressly included in a ballot measure approved by the voters in a local election. Repeals provisions requiring a school district that succeeds the Grant Joint Union High School District to use, for home-to-school transportation, the funding made available pursuant to voluntary desegregation programs and requires that pupils in grades 7 to 12 who apply to transfer from a school district that succeeds the Grant Joint Union High School District to another school district that succeeds the Grant Joint Union High School District to be granted a transfer according to certain priorities, among which is that the transfer would mitigate schoolsite segregation. Replaces with statement of the intent of the Legislature that, if the Grant Joint Union High School District is reorganized to create two new unified school districts, the reorganization must be implemented in a manner that provides constitutionally permissible opportunities for the voluntary racial, ethnic, and socioeconomic integration of pupils attending each school district. Requires a proposal to reorganize the Grant Joint Union High School District that is initiated by the Sacramento County Committee on School District Organization and approved by the State Board of Education before December 31, 2007, to include requirements that pupils eligible to enroll in any of grades 7 to 12, except expelled pupils, whose parents are residents of any school district that succeeds the Grant Joint Union High School District have the same rights to enroll in any secondary school in a district that succeeds the Grant Joint Union High School District as a pupil whose parents are residents of that other district, and that the successor school districts to the Grant Joint Union High School District provide free transportation to these pupils if they so request, hold joint annual meetings to review segregation issues, and grant seniority rights to employees of school districts that cease to exist as a result of the proposal who become employees of the successor districts. Requires a ballot measure to approve this proposal to clearly inform the voters that by approving the measure the voters are mandating the successor school districts to incur costs to implement the requirements described above and that these costs would not be reimbursed by the state. Makes legislative findings and declarations in this regard. http://www.leginfo.ca.gov/pub/bill/sen/sb_1251-1300/sb_1271_bill_20040823_enrolled.pdf Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_1271_veto.pdf Title: S.B. 1271 Source: www.leginfo.ca.gov DE Signed into law 07/2004 P-12 Providing parents with a choice among available public schools is an important component to both State and national educational reforms. This bill recognizes the Choice Program as a means of satisfying the objectives of the Neighborhood Schools Act of creating strong local schools that are easily accessible and focal points for their communities. http://www.legis.state.de.us/LIS/LIS142.NSF/vwLegislation/HB+187/$file/0041420096.doc/?openelement Title: H.B. 187 Source: Delaware Legislative Web site AR Rule Adoption 06/2004 P-12 Establishes rules regarding the guidelines, procedures and enforcement of the Arkansas Opportunity Public School Choice Act of 2004. http://arkedu.state.ar.us/pdf/ade%20173%20opportunity%20school%20choice.pdf Title: ADE 173 Source: Arkansas State Web site IA Adopted 06/2004 P-12 Codifies open enrollment policies and procedures from the department's guidelines and decisions. http://www.legis.state.ia.us/Rules/2004/iac/281iac/28117/28117.pdf Title: 281 IAC 17.2 thru .14 (non seq) Source: www.legis.state.ia.us/Rules NH Signed into law 06/2004 P-12 Establishes a committee to study the issue of school choice in New Hampshire any issue relating to school choice which it deems relevant. Requires the committee to report its findings and recommendations by November 30, 2004. http://gencourt.state.nh.us/legislation/2004/HB0727.html Title: H.B. 727 Source: gencourt.state.nh.us OK Signed into law 05/2004 P-12 Allows students to apply for further transfers pursuant to the Education Open Transfer Act, particularly on an emergency basis.http://www2.lsb.state.ok.us/2003-04HB/hb1855_enr.rtf Title: H.B. 1855 Source: http://www2.lsb.state.ok.us OK Signed into law 03/2004 P-12 Relates to schools; amends 70 O.S. 2001, Section 8- 101, which relates to the right to transfer; updates statutory language; limits number of certain types of transfers; allows students to apply for further transfers pursuant to the Education Open Transfer Act; removes obsolete language; declares an emergency. http://www2.lsb.state.ok.us/2003-04SB/sb1129_enr.rtf Title: S.B. 1129 Source: http://www2.lsb.state.ok.us CA Signed into law 03/2004 P-12 Authorizes the governing board of any school district to admit pupils residing in another district to attend any school in that district. Authorizes the accepting district to adopt a resolution to determine the number of students it will accept and to assure the acceptance process is unbiased. Authorizes automatic renewal of the transfer unless the district opts out of the program. Credits the accepting district with a corresponding daily average increase. http://www.leginfo.ca.gov/pub/bill/asm/ab_0051-0100/ab_97_bill_20040305_chaptered.pdf Title: A.B. 97 Source: California Legislative Web site AR Signed into law 02/2004 P-12 Allows students in administratively consolidated school districts to attend classes and programs in other schools in the district. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1177.pdf Title: H.B. 1177 Source: Arkansas Legislative Web site AR Signed into law 01/2004 P-12 Amends Ark. Code § 6-15-404, adds 6-15-434, 6-15-1806, 6-15-1901, 6-15-1902, 6-15-1903 .Creates the Student Assessment and Educational Accountability act of 2003; requires the establishment of a reporting system of schools' academic performance on the state-mandated criterion-referenced exam; student performance data shall be reported to parents and the public and serve as one of the components in developing a school improvement plan; beginning with the 2004-05 school year, information on the prior school year shall be published annually by October 15 and include demographic breakdowns, graduation rate, drop-out rate, transfers under the unsafe school choice option and transfers under the Public School Choice Act; annual reports must use a school rating system and performance goals. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf Title: S.B. 33 §§ 1, 4, 5, 6 Source: Arkansas Legislative Web site AR Signed into law 01/2004 P-12 Adds Ark. Code 6-15-1903, 6-18-227. Students attending schools receiving an annual performance category Level 1 for two consecutive years must be offered a transfer under the Arkansas Opportunity Public School Choice Act of 2004. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf Title: S.B. 33 §§ 6, 7 Source: Arkansas Legislative Web site AR Rule Adoption 10/2003 P-12 Establishes rules governing the guidelines, procedures and enforcement of the Arkansas Public School Choice Act. http://arkedu.state.ar.us/pdf/ade%20157%20school%20choice%20rule.pdf Title: ADE 157 Source: Arkansas State Web site CA Signed into law 09/2003 P-12 Prohibits a school district from requiring a pupil in kindergarten through grades 6 attending the school pursuant to an interdistrict attendance agreement, originated after this act's effective date, to reapply for attendance in that school district. Authorizes a school district in which the pupil's parent or guardian is employed to allow the pupil to attend the school through the 12th grade if the parent or guardian so chooses. http://www.leginfo.ca.gov/pub/bill/sen/sb_0101-0150/sb_140_bill_20030925_chaptered.html Title: S.B. 140 Source: California Legislative Web site MO Signed into law 07/2003 P-12 Requires school board of each school district with multiple attendance centers containing the same grade levels to, no later than July 1, 2004, develop, and make available to the public, a policy regarding the transfer of that school district's students to other schools within the district. http://www.senate.state.mo.us/03info/billtext/tat/sb666.htm Title: S.B. 666 Source: StateNet AR Rule Adoption 06/2003 P-12 Establishes rules regarding guidelines, procedures, and enforcement of the Arkansas Public School Choice Act. http://arkedu.state.ar.us/pdf/school%20choice%20regs.pdf Title: Uncodified Source: Arkansas State Web site NE Signed into law 05/2003 P-12 The Public Elementary and Secondary Student Fee Authorization Act does not limit the ability of a governing body to request donations of money, materials, equipment, or attire to defray costs if the request is made in such a way that it is clear that the request is not a requirement. The act does not prohibit a governing body from permitting students to supply materials for course projects. A governing body may require students to furnish minor personal or minor consumable items for participation in extracurricular activities. Also, In in regard to extracurricular activities, the option student shall be treated similarly to other students who transfer into the school from another public, private, denominational, or parochial school. http://www.unicam.state.ne.us/Legal/SLIP_LB249.pdf Title: L.B. 249 Source: http://www.unicam.state.ne.us IA Signed into law 05/2003 P-12 Specifies that the superintendent of a district subject to voluntary or court-ordered desegregation may not deny a request for transfer under the state's open enrollment policy if the request for transfer is submitted to the district before January 1 of the preceding school year prior to the district's adoption of a desegregation plan. Requires the state board to establish guidelines and a review process for districts that approve voluntary desegregation plans. These guidelines must include criteria and standards for districts to observe when creating a voluntary desegregation plan. Requires the department to lend technical assistance to any district attempting to adopt a voluntary desegregation plan. Specifies that a district implementing a voluntary desegregation plan before July 1, 2004 must have until July 1, 2006 to comply with the state board guidelines the state board adopts pursuant to this section. Deletes the requirement that in open enrollment program, the district of residence must send to the receiving district the Phase III funds allocated to the district of residence for the previous year for the full-time equivalent attendance of the student participating in the open enrollment program. Makes provision relating to request for open enrollment submitted to a district prior to the district's adoption of a desegregation plan apply retroactively to July 1, 2002 for open enrollment transfer requests received by a district on or after July 1, 2002. See Sections 35-36 and Section 72: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html Title: H.B. 549 (omnibus bill) Source: www.legis.state.ia.us CO Signed into law 04/2003 P-12 Establishes the "Colorado Opportunity Contract Pilot Program" beginning in the '04-'05 school year, which requires school districts with eight or more low or unsatisfactory schools to allow eligible students to attend a participating nonpublic school under the terms of an opportunity contract between the child's parent and the school. Eligible students are those eligible for free- or reduced-cost school lunches who received an unsatisfactory rating on the state reading or math assessment. http://www.leg.state.co.us/2003a/inetcbill.nsf/billcontainers/1CD19B474697FA4C87256C68004FC76C/$FILE/1160_enr.pdf Title: H.B. 1160 Source: Colorado Legislative Web site AR Signed into law 04/2003 P-12 Requires all school districts to participate in public school choice. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/SB242.pdf Title: S.B. 242 Source: Arkansas Legislative Web site NM Signed into law 03/2003 P-12 Amends Section 22-1-4. Requires boards to adopt and promulgate rules governing enrollment and re-enrollment at public schools other than charter schools within the school district. Admissions must give students enrolled in a school ranked as a school that needs improvement or a school subject to corrective action second priority (only second to students who live in attendance zone). http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf Title: H.B. 212 (Omnibus Bill) Source: New Mexico Legislature UT Signed into law 03/2003 P-12 Relates to public school choice enrollment by extending the application period for enrollment in a school district located outside a student's resident district. Revises submission of applications from prior timeframe of the month of January to the period from December 1 through the third Friday in February by those seeking admission for the following year. http://www.le.state.ut.us/~2003/bills/hbillenr/hb0086.pdf Title: H.B. 86 Source: http://www.le.state.ut.us/ SD Signed into law 02/2003 P-12 Students (or their families) may apply to a school district other than the resident district or in a school within the resident district other than the school to which the student has been assigned by filling out forms provided by the Department of Education and Cultural Affairs. The school board or the board's designee of the district in which the student desires to enroll is required to approve or disapprove the application and must notify the applicant and the resident board, if applicable, of its decision within five days of the decision. The district in which the student desires to enroll shall review the applications in the order received. Intradistrict transfer applications may be accepted and acted upon at any time at the board's discretion if the policies on which the transfer decisions are based are consistent with the other requirements. Title: H.B. 1042 Source: http://legis.state.sd.us IA Adopted 01/2003 P-12 Establishes rules conforming to the statute, Iowa Code section 282.18, by clarifying the open enrollment application deadline and clarifying the authority of the department in the event of a complaint lodged with the Department by one district against another district. IOWA REG 2191 (SN) Title: 281 IAC 17.4 Source: StateNet IL Signed into law 06/2002 P-12 Requires schools that are part of the sample drawn by the National Center for Education Statistics to administer the biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress. Provides that the school report card must be posted on the schools website rather than automatically mailed to parents, and a written notice sent home to parents with the Web site address. Printed copies are available on request. Requires districts to adopt policies for the transfer of students within the district. Requires requests for transfer in relation to ESEA to be made within 30 days of notification of right to transfer. Establishes criteria under which local board may refuse request to transfer. Requires the notifice of parents of child's placement in bilingual education program to include more specific information, including reasons why child was placed in program, child's level of English proficiency, how this level was assessed, and the child's current level of academic achievement. Permits parents to immediately withdraw child from bilingual program rather than at time of notice or end of semester. Increases supplemental aid to low income school districts. http://www.legis.state.il.us/publicacts/pubact92/acts/92-0604.html Title: S.B. 1983 Source: www.legis.state.il.us NH Signed into law 05/2002 P-12 Establishes a commission to study public educational choice initiatives. Title: H.B. 1281 Source: Lexis-Nexis/StateNet IA Signed into law 04/2002 P-12 Adds one nonvoting student member to state board, making total board membership 10, provides for application process and appointment of student member. Also requires school districts and nonpublic schools to report number of ninth graders who do not graduate from the school or school district, as well as the number of students who are tested on multiple assessment measures to determine student achievement levels, and the percentage of students who are so tested annually. Requires the board to develop and adopt uniform definitions consistent with the federal No Child Left Behind Act of 2001 and any federal regulations adopted pursuant to the federal Act. Permits department to conduct school site visits of accredited schools and districts on as-needed basis. Addresses conditions of employment of Superintendent staff. Addresses procedures in open enrollment law. Renders provision of school breakfast programs optional rather than mandatory. Modifies section addressing parental reimbursement for nonpublic school pupil transportation. Regulates the provision of textbooks to students in accredited nonpublic schools. Modifies requirements for school bus drivers' licenses. Establishes a conservation education program board and the duties of said board. http://www.legis.state.ia.us/GA/79GA/Legislation/HF/02500/HF02515/Current.html Title: H.B. 2515 Source: www.legis.state.ia.us IA Signed into law 04/2002 P-12 Allows nonresident pupil's participation in extracurricular activities pursuant to a court-ordered decree or order of custody. Modifies tuition reimbursement payment by school districts under the postsecondary enrollment options act. Includes nonpublic schools in section allowing local boards to make an agreement with another school to to provide for the eligibility of its students in interscholastic activities at the partner school. Changes deadline for school infrastructure program calculations from July 1 to September 1. Modifies statute regarding phase I payment calculations. http://www.legis.state.ia.us/GA/79GA/Legislation/SF/02200/SF02259/Current.html Title: S.B. 2259 Source: www.legis.state.ia.us SD Signed into law 02/2002 P-12 Prevents students who open enroll into a school district from transferring back to the resident district during the same school year. Title: S.B. 87 Source: Lexis-Nexis/StateNet LA Signed into law 06/2001 P-12 Authorizes the enrollment of a pupil in a school system adjoining his districted system when the transportation of the pupil equals or exceeds one hour. Title: S.B. 1052 Source: Lexis-Nexis/StateNet MT Signed into law 04/2001 P-12 Revises the out-of-district tuition laws; eliminates mandatory tuition approval if the resident district provides transportation but is not in the same county as the district of choice; allows a school district to waive tuition for a specific group required to pay tuition while charging tuition to other groups required to pay. Title: S.B. 65 Source: Lexis-Nexis/StateNet AR Signed into law 04/2001 P-12 Makes several changes to the states school choice program. A public school choice program is established to enable any student to attend a school in a district in which the student does not reside, subject to the restrictions contained in this section. Title: S.B. 772 Source: Lexis-Nexis/StateNet ND Signed into law 04/2001 P-12 A school district participating in an open enrollment program may not give or offer to give a student remuneration, or directly or indirectly exert influence on the student or the student's family, in order to encourage participation in the open enrollment program. For purposes of this subsection, directly exerting influence means providing information about the school district to individuals who are not residents of that district unless the information is requested. If the members of the board of a school district believe that another school district has violated this subsection, the board may file a complaint with the superintendent of public instruction. Upon receipt of a complaint alleging a violation of this subsection, the superintendent of public instruction shall hold a hearing and accept testimony and evidence regarding the complaint. If the superintendent finds that a school district has violated this subsection, the superintendent may withhold some or all of the transportation aid payments to which the district would be otherwise entitled for a period of one year from the date of the finding. A decision by the superintendent under this subsection is appealable to the state board of public school education. A decision by the state board of public school education is final. Title: S.B. 2106 Source: http://www.state.nd.us/lr AR Signed into law 03/2001 P-12 Changes the rules for student transfer. Stresses the rules requiring students to attend the school district in which their home is located. Title: S.B. 892 Source: Lexis-Nexis/StateNet SD Signed into law 02/2001 P-12 Any student who enrolls in another district from a district that does not receive state aid remains the financial obligation of the resident district. Title: H.B. 1158 Source: http://legis.state.sd.us/ VT Signed into law 06/2000 P-12 This Act creates a system of public school choice for students in grades 9 through 12 by July 1, 2002. It applies only to school districts that maintain high schools. Each school district, unless exempted by the Commissioner of Education (because it can demonstrate that "participation in a public high school choice region would adversely affect students in its high school"), must enter into an agreement with at least one other high school district to form a "choice region." There is no limit to the number of regions to which a school district may belong. These regions may make their own agreements on the local level as to how they will operate and, except as to special and technical education students, whether any money will change hands. In the absence of any agreement as to the procedures to be followed in accepting students, the law provides a "default mechanism." School districts define their own capacity to accept choice students and may further limit the number of choice students transferring from their high school within percentages specified in the law. If any of the above results in too many students for too few open choice slots, the sending or receiving school, as the case may be, must establish a non-discriminatory lottery system to select which students may participate. If a student is eligible for special education, the receiving school is responsible for carrying out the student's IEP that is developed by the sending school district. The receiving district is entitled to notice of and participation in IEP meetings. Transportation of choice students is not required but superintendents must establish a clearinghouse for families needing information on transportation options. The Commissioner of Education must provide technical assistance in developing the above-mentioned choice region agreements. The Commissioner annually must report on implementation of this Act and after five years must submit a significant report with recommendations on the choice system generally. The law sunsets in 2007. Title: S.B. 203 Source: http://www.state.vt.us/educ/legupdate.htm WI Signed into law 05/2000 P-12 Relates to school district open enrollment and tuition waivers and payments. Title: A.B. 367 Source: Lexis-Nexis/StateNet WI Signed into law 05/2000 P-12 Relates to the number of school districts to which a pupil may apply under the open enrollment program. Title: S.B. 309 Source: Lexis-Nexis/StateNet IA Signed into law 05/2000 Postsec. Community College Provides supplementary weighting for funding and for determining enrollment in school districts involved in district-to-district or district-to-community college sharing programs and at-risk programs. Title: H.B. 2496 Source: Lexis-Nexis/StateNet MN Signed by governor 05/2000 P-12 Permits a school district to refuse to open enroll a student during the term of his or her expulsion if the student was expelled for: 1) possessing a dangerous weapon; 2) possessing or using illegal drugs at school or a school function; 3) selling or soliciting sale of a controlled substance while at school or a school function; or 4) committing a third-degree assault. Effective for the 2000-2001 school year and later. Title: H.B. 3800 Source: MN Department of Children, Families and Learning DE Signed into law 04/2000 P-12 Requires the Brandywine, Colonial, Christina, and Red Clay Consolidated School Districts to develop and implement Neighborhood School Plans that allow every student to attend the grade-appropriate school geographically closest to the student's home; establishes that Neighborhood School Committee. Title: H.B. 300 Source: Lexis-Nexis/StateNet SD Signed into law 02/2000 P-12 The legislation states that a school district's standards for open enrollment shall be limited to the capacity of a program, class, grade level, and school building operated by the district and student/teacher ratio. In addition, limitations are put on students who wish to transfer to districts that have operating agreements with other district, located both in and out of the state. Title: H.B. 1015 Source: Lexis-Nexis/StateNet NJ Signed into law 01/2000 P-12 Creates the Interdistrict Public School Choice Program Act of 1999; appropriates funds for program to establish choice districts which could enroll students across district lines in choice district schools. Title: S.B. 2171 Source: Lexis-Nexis/StateNet NJ Signed into law 01/2000 P-12 Provides increased representation on receiving district boards of education for certain sending districts. Title: S.B. 2212 Source: Lexis-Nexis/StateNet