RESIDENT STUDENTS
Children who are residents of the school district community will attend the school district without paying tuition.
The residence of a student means the place, abode, or dwelling of the student. Generally, the legal dwelling of minors is the same as their parents. However, a student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education. Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.
Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.
Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
33 D.P.I. Dec. Rule 80 (1984).
Iowa Code §§ 257.6; 282.2, .6, .7; 285.4 (1995).
1956 Op. Att'y Gen. 185.
1946 Op. Att'y Gen. 197.
1938 Op. Att'y Gen. 69.
1930 Op. Att'y Gen. 147.
Cross Reference: 501 Student Attendance
Approved: 4/14/97 Reviewed: 6/22
NONRESIDENT STUDENTS
Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition. The tuition rate shall be the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education.
Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in the school district may be permitted to attend without the payment of tuition at the discretion of the superintendent and approval of the Board. Students who plan to open enroll to the nonresident district may complete the school year without approval of the superintendent or board. These students, other than students in grades eleven and twelve, must have the recommendation of the principal, as well as an adult who resides in the school district, identified for purposes of administration.
Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition. These students must have an adult, who resides in the school district, identified for purposes of administration.
Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to the third Friday in September may be allowed to attend without the payment of tuition.
Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
Iowa Code §§ 257.6; 282.1, .2, .6, .7, .24 (1995).
Cross Reference: 501 Student Attendance
Approved: 4/14/97 Reviewed: 6/22
COMPULSORY ATTENDANCE
Parents within the school district who have children age six and under age sixteen by September 15, and in proper physical and mental condition to attend school, shall have the children attend the school district at the attendance center designated by the Board. Students shall attend school the number of days school is in session in accordance with the school calendar Students of compulsory attendance age will attend school a minimum of 1080 hours. Students not attending the minimum hours must be exempt by this policy, as listed below, or referred to the county attorney. Exceptions to this policy include children who:
· have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;
· are attending religious services or receiving religious instruction;
· are attending an approved or probationally approved private college preparatory school;
· are attending an accredited nonpublic school; or,
· are receiving competent private instruction; or
are receiving independent private instruction.
It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.
It shall be the responsibility of the parents to notify the student’s attendance center as soon as the parent knows the student will not be attending school on that day. The principal may request evidence or written verification of the student’s reason for absence.
Students who are absent without permission are considered truant. To be truant means the student fails to attend school regularly as per school district requirements or fails
The principal and/or designee will investigate the cause for a student’s truancy. If the principal and/or designee is unable to secure the truant student’s attendance, the principal and/or designee shall discuss next steps with the superintendent and other legal authorities (county attorney, school resource officer, police/sheriff’s department, etc.).
The school shall participate in mediation, if requested by the county attorney. The Superintendent and/or designee will represent the school district in mediation. The school district will monitor the student’s compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.
Administrative regulations shall be developed by the administration regarding this policy and shall also indicate the disciplinary action to be taken for absences.
Legal Reference: Iowa Code §§ 259A; 279.10-.11; 299.1-.1A; 299A (1995).
1978 Op. Att'y. Gen. 379.
Cross Reference: 501 Student Attendance
601.1 School Calendar
604.1 Competent Private Instruction
Approved: 4/14/97 Revised: 6/22
ENTRANCE - ADMISSIONS
Children in the school district community will be allowed to enroll in the school district's regular education program beginning at age five. The child must be age five on or prior to September 15 to participate in the school district's kindergarten program. The child must be age six on or prior to September 15 to begin the first grade of the education program.
The Board shall require evidence of age and residency in the form of a birth certificate or other evidence before the student may enroll in the school district's education program. It shall be within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.
Prior to enrollment, the child must provide the administration with their health and immunization certificate. Failure to provide this information within the time period set by the superintendent shall be reason for suspension, expulsion or denying admission to the student.
Legal Reference: Iowa Code §§ 139.9; 282.1, .3, .6; 299 (1995).
1980 Op. Att'y Gen. 258.
Cross Reference: 501 Student Attendance
507.1 Student Health and Immunization Certificates
Approved: 4/14/97 Reviewed: 6/22
ATTENDANCE CENTER ASSIGNMENT
The Board shall have complete discretion to determine the boundaries for each attendance center, to assign students to the attendance centers, and to assign students to the classrooms within the attendance center.
It shall be the responsibility of the superintendent to make a recommendation to the Board annually regarding the assigned attendance center for each student. In making the recommendation, the superintendent shall consider the geographical layout of the school district, the condition and location of the school district facilities, the location of student population, possible transportation difficulties, financial condition of the school district and other factors deemed relevant by the superintendent or the board.
Legal Reference: Iowa Code §§ 279.11; 282.7-.8 (1995).
Cross Reference: 501 Student Attendance
Approved: 4/14/97 Reviewed: 6/22
STUDENT TRANSFERS IN
Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.
The school district shall request the student's cumulative records from the previous school district. If the student cannot offer proof of grade level, the superintendent will make the grade level determination. The superintendent may require testing or other information to determine the grade level.
The superintendent shall determine the amount of credits to be transferred. If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.
The Board may deny admission if the student is not willing to provide the board with the necessary information.
Legal Reference: 20 U.S.C. § 1232g (1988).
Iowa Code §§ 139.9; 282.1, .3; 299A (1995).
Cross Reference: 501 Student Attendance
505.3 Student Honors and Awards
507 Student Health and Well-Being
604.1 Competent Private Instruction
Approved: 4/14/97 Reviewed: 6/22
STUDENT TRANSFERS OUT OR WITHDRAWALS
If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they shall notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program. The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc.
The notice shall state the student's final day of attendance. If the student is not enrolling in another school district, the school district shall maintain the student's records in the same manner as the records of students who have graduated from the school district.
If the parents wish to have the student's cumulative record sent to the new school district, the parents shall notify the superintendent in writing. This notice shall include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent. If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent. The notice shall inform the parents of their right to review the records sent.
If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents shall notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.
Legal Reference: 20 U.S.C. § 1232g (1988).
Iowa Code §§ 274.1; 299.1-.1A (1995).
Cross Reference: 501 Student Attendance
506 Student Records
604.1 Competent Private Instruction
Approved: 4/14/97 Reviewed: 6/22
Code No. 501.8
STUDENT ATTENDANCE RECORDS
As part of the school district's records, the daily attendance of each student shall be recorded and maintained on file electronically with the building secretaries and principals.
It shall be the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.
At the end of the year, cumulative attendance records become part of the students’ permanent records. It shall be the responsibility of the building principals to ensure that such records are filed appropriately at the end of each academic year. This work shall involve input from the board secretary, as the custodian of all school records.
Legal Reference: Iowa Code §§ 294.4; 299 (1995).
281 I.A.C. 12.2(4).
Cross Reference: 501 Student Attendance
506 Student Records
Approved: 4/14/97 Reviewed: 6/22 Revised: 6/22
STUDENT ABSENCES - EXCUSED
Regular attendance by students is essential for students to realize their individual learning potentials and to obtain the maximum opportunities from the education program. Parents and students alike are encouraged to ensure an absence from school is a necessary absence. Students shall attend school unless excused by the principal of their attendance center.
Student absences approved by the principal shall be excused absences. Excused absences shall count as days in attendance for purposes of the truancy law. These absences include, but are not limited to, illness, family emergencies, recognized religious observances, and school-sponsored or approved activities.
Students whose absences are approved shall make up the work missed and receive full credit for the missed school work. It shall be the responsibility of the student to initiate a procedure with the student's teacher to complete the work missed.
Students who wish to participate in school-sponsored activities must attend school one-half day the day of the activity unless permission has been given by the principal for the student to be absent.
It shall be the responsibility of the parent to notify the student's attendance center as soon as the parent knows the student will not be attending school on that day. The principal may request evidence or written verification of the student's reason for absence.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 294.4; 299 (1995).
281 I.A.C. 12.2(4).
Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
Approved: 4/14/97 Reviewed: 6/22
TRUANCY - UNEXCUSED ABSENCES
Regular attendance by the students at school is essential for students to obtain the maximum opportunities from the education program. Parents and students alike are encouraged to ensure an absence from school is a necessary absence. Students shall attend school unless excused by the principal of their attendance center.
Truancy is the failure to attend school for the minimum number of days established in the school calendar by the board. Truancy is the act of being absent without a reasonable excuse. Truancy will not be tolerated by the Board.
Students are subject to disciplinary action for truancy including suspension and expulsion. It shall be within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy.
The truancy officer of the school shall investigate the cause for a student's truancy. If the truancy officer of the school is unable to secure the truant student's attendance, the truancy officer should discuss the next step with the administration. If after school board action, the student is still truant, the truancy officer shall refer the matter over to the county attorney.
The school will participate in mediation if requested by the county attorney. The building principal shall represent the school district in mediation. The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. The administrative regulations shall indicate the disciplinary action to be taken for truancy.
Legal Reference: Iowa Code §§ 294.4; 299 (1995).
281 I.A.C. 12.2(4).
Cross Reference: 206.3 Secretary
410.3 Truancy Officer
501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
Approved: 4/14/97 Revised: 6/22 Reviewed: 6/22
STUDENT RELEASE DURING SCHOOL HOURS
Students will be allowed to leave the school district facilities during school hours only with prior authorization from their parents, unless the parent appears personally at the student's attendance center to arrange for the release of the student during school hours, or with the permission of the principal.
Approved reasons for release of a student during the school day shall include, but not be limited to, illness, family emergencies, medical appointments, religious instruction, classes outside the student's attendance center, employment for which the student has been issued a work permit and other reasons determined appropriate by the principal.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code § 294.4 (1995).
281 I.A.C. 12.2(4).
Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
Approved: 4/14/97 Reviewed: 6/22
MARRIED/PREGNANT STUDENTS
The Board encourages pregnant students to continue to attend the education program as long as they are physically able to do so. The pregnant student may notify the principal, school nurse, or the guidance counselor as soon as she is aware of the pregnancy. The school may require that a pregnant student provide the principal with a written note from her doctor relative to special conditions that might exist and specific suggestions as to how long the student may continue to attend classes. If the student is unable to attend school because of her physical condition, the student may be excused and arrangements made to continue her studies during her absence. The student shall resume classes upon the recommendation of her physician.
Students will have access to professional staff, such as counselors or nurses, who are qualified to provide guidance to students concerning marriage and pregnancy.
The right to participate in activities of the school will not be restricted solely because of marriage, pregnancy, or parenthood.
Legal Reference: Iowa Code §§ 216; 279.8; 280.3 (1995).
Cross Reference: 501 Student Attendance
604.2 Individualized Instruction
Approved: 4/14/97 Revised: 6/22
STUDENTS OF LEGAL AGE
Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.
Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes. In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.
Legal Reference: 20 U.S.C. § 1232g (1988).
Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (1995).
281 I.A.C. 12.3(6).
Cross Reference: 501 Student Attendance
506 Student Records
Approved: 41/4/97 Reviewed: 6/22
OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT
The school district will participate in open enrollment as a sending district. As a sending district, the Board will allow resident students who meet the requirements to open enroll to another public school district.
Parents requesting open enrollment out of the school district for their student shall notify the school district as per Iowa Code in the year preceding the first year desired for open enrollment. The notice shall be made on forms provided by the Department of Education. The forms are available at the central administration office and electronically.
Open enrollment requests out of the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority. Other open enrollment requests out of the school district shall be considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.
Parents of children who will begin kindergarten in the school district are exempt from the open enrollment March 1 deadline. Parents of children who will begin kindergarten will file in the same manner set forth above by September 1. Parents who have good cause as defined by law for failing to meet the March 1 deadline may make an open enrollment request by September 1 unless another deadline applies.
The receiving district will approve open enrollment requests according to the timelines established by law. The parents may withdraw the open enrollment request prior to the start of the school year. The receiving district’s Superintendent will notify the parents and send the school district by mail within five (5) days of the school district’s action to approve or deny the open enrollment request.
The Board may approve a student's request to allow the receiving district to enter the school district for the purposes of transportation if a mutual arrangement is made for Estherville Lincoln Central Community School District to enter the same district.
An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving school district is appropriate for the student’s needs. The area education agency Director of Special Education serving the receiving district will determine whether the program is appropriate. The special education student will remain in the school district until the final determination is made.
It is the responsibility of the Superintendent to maintain open enrollment request applications and notice forms. It will also be the responsibility of the Superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
Approved: 4/14/97 Revised: 6/22 Reviewed:6/22
Open Enrollment Out of the School District to an Alternative Receiving District
Parents of students attending the school district under open enrollment may make an open enrollment request to a different public school district, an alternative receiving district, within the time period of the original open enrollment request. This open enrollment request shall be filed in the same manner as other open enrollment requests in the year preceding the first year desired for open enrollment in the alternative receiving district.
It shall be within the complete discretion of the Board, or its designate, to approve or deny the open enrollment request to an alternative receiving district. In exercising that discretion, the Board may consider several factors including, but not limited to, the potential impact of the transfer on the student, the effectiveness of the education program, the financial situation of the school district and other factors deemed relevant by the superintendent and the Board. The Board shall take action on the open enrollment request to the alternative receiving district at the next regular board meeting. Prior to the Board's action, parents may withdraw the open enrollment request. The Board reserves the right to delegate to the superintendent the handling of such requests.
The superintendent shall notify the parents by mail within five days of the Board's action to approve or deny the open enrollment request to an alternative receiving district. Approved open enrollment requests shall be transmitted by the superintendent to the alternative receiving district chosen by the parents within five days after the Board's action on the open enrollment request.
Approved open enrollment requests to an alternative receiving district shall be effective the following semester or at the beginning of the next school year. It shall be within the discretion of the Board to make the open enrollment request to an alternative receiving district effective immediately based upon the circumstances of the open enrollment request and with mutual agreement of the alternative receiving district's board.
Renewal of Open Enrollment Requests
An open enrollment agreement shall remain in place unless canceled by the parent or terminated as outlined in provisions of subrule 178(10).
Legal Reference: Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (1995).
281 I.A.C. 17.
1990 Op. Att'y Gen. 75.
Cross Reference: 501 Student Attendance
506 Student Records
Page 2 of 2
OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A RECEIVING DISTRICT
The school district will participate in open enrollment as a receiving district. As a receiving district, the Board will allow nonresident students, who meet the legal requirements, to open enroll into the school district. The Board shall have complete discretion to determine the attendance center of the students attending the school district under open enrollment.
The Board designates the superintendent to determine the appropriate action on open enrollment requests in the year preceding the first year desired for open enrollment as per state code. The superintendent shall notify the sending school district within five days of the determination to approve or deny the open enrollment request. The superintendent shall notify the parents within fifteen days of the determination to approve or deny the open enrollment request. The superintendent shall also forward a copy of the action with a copy of the open enrollment request to the Department of Education.
Open enrollment requests into the school district will not be approved if insufficient classroom space exists. Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled. Once the student is reinstated, the student's open enrollment request will be considered in the same manner as other open enrollment requests.
Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority. The Board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts. Other open enrollment requests into the school district shall be considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.
Generally, students in high school open enrolling into the school district shall not be eligible for participation in interscholastic athletics during the first ninety days of open enrollment into the school district.
These are spelled out in the Boys and Girls Association rules and/or the Department of Education rules and guidelines.
Parents are responsible for providing transportation to and from the receiving school district without reimbursement unless the parents qualify for transportation assistance. Upon a parent's request, the Board may approve transportation into the sending district. The transportation is limited to within two (2) miles of the district boundary/current bus route. The Board's approval is subject to the sending District's approval.
Open enrollment requests into the school district shall be for four years or more. The four-year requirement shall not apply to students who will graduate within four years, to students who move to another school district, or when the parent petitions for permission to open enroll the student to an alternative receiving district.
Open Enrollment Into the School District as an Alternative Receiving District
Open enrollment requests into the school district as an alternative receiving district shall be considered by the Board in the same manner as open enrollment requests into the school district as a receiving district.
The policies of the school district shall apply to students attending the school district under open enrollment.
It shall be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
Approved: 4/14/97 Revised: 6/22 Reviewed: 6/22
Legal Reference: Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (1995).
281 I.A.C. 17.
1990 Op. Att'y Gen. 75.
Cross Reference: 501.6 Student Transfers In
501.7 Student Transfers Out or Withdrawals
501.14 Open Enrollment Transfers - Procedures as a
Sending District
506 Student Records
507 Student Health and Well-Being
606.6 Insufficient Classroom Space
The Estherville Lincoln Central Community School District believes all students should have access to a free, appropriate public education. The district will ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth.
The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes:
Children and youth who are:
Sharing the housing of other persons due to loss of housing, economic hardship, or a similar
reason (sometimes referred to as “doubled up”);
Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate
accommodations;
Living in emergency or transitional shelters; or
Abandoned in hospitals.
Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;
Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
Migratory children who qualify as homeless because they are living in circumstances described above.
To help ensure that homeless children and youth have a full opportunity to enroll, attend, and succeed at school, the board shall:
Provide training opportunities for staff so staff may help identify and meet the needs of homeless children and youth;
Remove barriers, including those associated with fees, fines, and absences, to the identification, enrollment, retention, attendance and/or success in school for homeless children and youth;
Ensure collaboration and coordination with other service providers;
Ensure transportation is provided in accordance with legal requirements;
Provide school stability in school assignment according to the child’s best interests;
Ensure the privacy of student records, as provided by applicable law, including information about a homeless child or youth’s living situation;
Engage in the dispute resolution process for decisions relating to the educational placement of homeless children and youth as provided by applicable law; and
Prohibit the segregation of a homeless child or youth from other students enrolled in the district.
The superintendent may develop an administrative process or procedures to implement this policy.
Legal Reference: 20 U.S.C. § 6301.
42 U.S.C. § 11302.
42 U.S.C. §§ 11431 et seq. 281 I.A.C. 33.
No Child Left Behind, Title X, Sec. 722, P.L.107-110 (2002)
42 U.S.C. § 11431 et seq. (1994).
281 I.A.C. 33 (2005)
Cross Reference: 501 Student Attendance
503.3 Fines - Fees - Charges
506 Student Records
507.1 Student Health and Immunization Certificates
603.3 Special Education
711.1 Student School Transportation Eligibility
Approved: 4/14/97 Revised: 6/22 Reviewed: 6/22