File: JA
Student Policies Goals
Students are the first concern of the district, and must receive the primary attention of the Board and all staff members. To fulfill its obligation to students, the Board will strive to spend most of its time in formulating policy and considering other matters related to students. A similar commitment is expected of all staff members. In pursuing this primary goal, it is imperative that the good of the individual student be kept paramount. At no time are students to be treated as if they were assembly line products, or objects to be manipulated or molded at the will of someone else. Each student shall be considered and treated with respect as an individual. One of the major tasks of the educational program shall be to assist each student in becoming self-sufficient in utilization of decision-making processes and techniques, eventually becoming responsible for determining his or her own learning purposes and the means for achieving them. Staff members shall seek to be wise counselors of children and youth and skillful facilitators of learning. To this end, the Board and staff shall work together to establish an environment conducive to the very best learning achievement for each student through meeting the following goals regarding students:
1. To individualize the learning program in order to provide appropriately for each student according to his or her specific background, capabilities, learning styles, interests, and aspirations.
2. To protect and observe the legal rights of students.
3. To enhance the self-image of each student through helping him or her feel respected and worthy, and through a learning environment which provides positive encouragement through frequent success.
4. To provide an environment of reality in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens.
5. To deal with students in matters of discipline in a just and constructive manner.
6. To provide in every way feasible for the safety, health, and welfare of students.
7. To promote faithful attendance and good work.
(January 1995)
File: JB
Equal Educational Opportunities
The Board of Education of the Montrose County School District RE-1J reaffirms its commitment to a policy of providing equal educational opportunities for all students commensurate with their needs, abilities, and their diverse cultural backgrounds. The Board believes that essential to this policy is a climate in which good human relations can flourish. Such a climate can only be fostered by communication among all groups in the district - students, parents, certificated/licensed and classified staff, administration, the Board, and the community.
In order to carry out the intent of this policy, the Board directs the superintendent to develop systematic programs and procedures for Board approval and subsequent implementation. These procedures will involve a periodic review of programs in operation and the initiation, through affirmative action, of new programs or procedures where appropriate. These will include but not be restricted to such areas as:
· equal employment and promotional procedures for district personnel
· recruitment of minority group personnel
· orientation of new personnel
· inservice training and staff development
· curriculum content and teaching techniques
· counseling and other supportive services for students
· attendance and disciplinary procedures
· internal communication among and between Board members, administrators, supporting staff members, teachers, and students
· external communication with the community
· liaison with community groups
This policy statement will be communicated to all present district personnel and to all future employees.
(January 1995)
LEGAL REFS.: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d
Title IX of the Education Amendments of 1972, 20 U.S.C. §1681
29 U.S.C. §701 et seq. (Section 504 of the Rehabilitation Act of 1973)
Equal Educational Opportunities Act of 1974, 20 U.S.C. §§1701-1758
CROSS REFS.: ACA, Nondiscrimination on the Basis of Sex
ACE, Nondiscrimination on the Basis of Handicap/Disability
File: JBB
Sexual Harassment
The district recognizes that sexual harassment can interfere with a student’s academic performance and emotional and physical well-being and that preventing and remedying sexual harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn. In addition, sexual harassment is recognized as a form of sex discrimination and thus is a violation of the laws that prohibit sex discrimination.
The district is committed to maintaining a learning environment that is free from sexual harassment. It shall be a violation of policy for any staff member to harass students or for students to harass other students through conduct or communications of a sexual nature or to retaliate against anyone that reports sexual harassment or participates in a harassment investigation.
The district shall investigate all indications, informal reports and formal grievances of sexual harassment by students, staff or third-parties and appropriate corrective action shall be taken. Corrective action includes taking all reasonable steps to end the harassment, to make the harassed student whole by restoring lost educational opportunities, to prevent harassment from recurring and to prevent retaliation against anyone who reports sexual harassment or participates in a harassment investigation.
Unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature may constitute sexual harassment, even if the harasser and the student being harassed are the same sex and whether or not the student resists or submits to the harasser, when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s participation in an education program or activity.
2. Submission to or rejection of such conduct by a student is used as the basis for education decisions affecting the student.
3. Such conduct is sufficiently severe, persistent or pervasive such that it limits a student’s ability to participate in or benefit from an education program or activity or it creates a hostile or abusive educational environment.
For a one-time incident to rise to the level of harassment, it must be severe.
Acts of verbal or physical aggression, intimidation or hostility based on sex, but not involving conduct of a sexual nature may also constitute sexual harassment. Sexual harassment as defined above may include, but is not limited to:
1. sex-oriented verbal “kidding,” abuse or harassment.
2. pressure for sexual activity.
3. repeated remarks to a person with sexual or demeaning implications.
4. unwelcome touching, such as patting, pinching or constant brushing against the body of another.
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File: JBB
5. suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades or similar personal concerns.
Legitimate non-sexual touching or other non-sexual conduct is not sexual harassment.
Sexual harassment cannot be investigated or corrected by the district until the district is made aware of such harassment. Therefore, students are encouraged to report all incidences of sexual harassment to either a teacher, counselor or principal in their school building and file a formal grievance, as set forth in regulation JBB*-R. All reports and indications from students, district employees and third-parties shall be forwarded to the grievance officer.
If the alleged harasser is the person designated as the grievance officer, an alternate grievance officer will be appointed by the superintendent to investigate the matter.
All matters involving sexual harassment reports shall remain confidential to the extent possible as long as doing so does not preclude the district from responding effectively to the harassment or preventing future harassment. Filing of a grievance or otherwise reporting sexual harassment shall not reflect upon the individual’s status or affect grades.
All sexual harassment reports shall be forwarded to the grievance officer. The grievance officer shall keep a confidential log, separate from other school records, wherein reports of sexual harassment shall be recorded. The purpose of such a log is to aid the grievance officer in the investigation of sexual harassment reports and in discovering, investigating and resolving recurring sexual harassment problems.
Upon receiving a report, the grievance officer shall proceed as set forth herein and in regulation JBB*-R.
The age of the student shall be taken into account when determining whether particular conduct actually occurred, whether particular conduct is sexual harassment and in determining the appropriate response by the district.
The grievance officer may consider the following types of information in determining whether sexual harassment occurred:
1. statements by any witness to the alleged incident.
2. evidence about the relative credibility of the parties involved.
3. evidence relative to whether the alleged harasser has been found to have harassed others.
4. evidence of the allegedly harassed student’s reaction or change in behavior following the alleged harassment.
5. evidence about whether the student claiming harassment took action to protest the conduct.
6. evidence and witness statements or testimony presented by the parties involved.
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File: JBB
7. other contemporaneous evidence.
8. any other evidence deemed relevant by the grievance officer.
In deciding whether conduct is sufficiently severe, persistent or pervasive, all relevant circumstances shall be considered by the grievance officer, including:
1. the degree to which the conduct affected one or more students’ education.
2. the type, frequency and duration of the conduct.
3. the identity of and relationship between the alleged harasser and the allegedly harassed student.
4. the number of individuals involved as alleged harassers and as subjects of the harassment.
5. the age and sex of the alleged harasser and the subject of the harassment.
6. the size of the school, location of the incident and context in which it occurred.
7. other incidents at the school.
When appropriate, the district shall take interim measures during the investigation of a harassment report to protect the alleged subject of the harassment from further harassment or retaliation.
In cases involving potential criminal conduct, the grievance officer shall determine whether appropriate law enforcement officials should be notified.
If the conduct is determined to be sexual harassment, the district shall take all reasonable steps to end the sexual harassment, to prevent its recurrence, to prevent retaliation against the student making the report and anyone participating in the investigation and to restore lost educational opportunities to the harassed student. In addition, the harasser shall be disciplined according to any applicable discipline policy.
If inappropriate conduct does not rise to the level of sexual harassment prohibited by law, but constitutes a violation of the student code of conduct or staff conduct policies, the matter shall be handled according to any applicable discipline policy.
Notice of this policy shall be circulated to all district schools and departments and incorporated in all student handbooks.
All students and district employees shall receive annual training related to recognizing and preventing sexual harassment. District employees shall receive additional annual training related to handling reports of sexual harassment.
(December 2000)
LEGAL REFS.: 42 U.S.C. §2000e et seq. (Title VII of the Civil Rights Act of 1964)
U.S.C. §1681 et seq. (Title IX of the Education Amendments of 1972)
C.R.S. 24-34-401 et seq.
CROSS REF.: GBAA, Sexual Discrimination and Harassment
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File: JBB-R
Sexual Harassment
(Grievance Procedure)
1. Students who believe they have been subject to sexual harassment will report the incident to any teacher, counselor or principal in their school building or to the assistant superintendent, who will be referred to as the grievance officer. All reports received by teachers, counselors, principals or other district employees will be forwarded to the grievance officer. If the alleged harasser is the person designated as the grievance officer, an alternate grievance officer will be appointed by the superintendent to investigate the matter.
2. Upon receiving a report, the grievance officer will confer with the student who has allegedly been harassed as soon as is reasonably possible. But in no event more than 2 school days from receiving the report, in order to obtain a clear understanding of the basis of the complaint and to discuss what action the student is seeking. The student’s parents/guardians will also be contacted and kept informed regarding progress of the investigation.
3. At the initial meeting with the student, the grievance officer will explain the avenues for informal and formal action and provide a description of the grievance procedures. The grievance officer will also explain that whether or not the student files a formal grievance or otherwise requests action, the district is required by law to take steps to correct the harassment and to prevent recurring harassment or retaliation against anyone who makes a harassment report or participates in an investigation. The grievance officer will also explain to the student that any request for confidentiality will be honored so long as doing so does not preclude the school from responding effectively to the harassment and preventing future harassment.
4. Following the initial meeting with the student, the grievance officer will attempt to meet with the alleged harasser and his or her parents/guardians in order to obtain a response to the reported harassment and will investigate the matter in accordance with policy JBB*. The grievance officer will complete the investigation within 14 school days of the initial meeting with the student.
5. Within 7 school days of completing the investigation, the grievance officer will determine whether the matter should proceed formally or informally. On the basis of the grievance officer’s investigation and if the student requests that the matter be resolved in an informal manner and the grievance officer agrees that the matter is suitable for such resolution, the grievance officer may attempt to resolve the matter informally through conciliation.
6. If the student requests a formal grievance process, the grievance officer will transfer the record to the superintendent or designee for formal resolution within 7 school days of completing the investigation, and so notify the parties by certified mail.
7. After reviewing the record made by the grievance officer, the superintendent or designee may gather additional evidence necessary to decide the case. Within 14 school days of receiving the record, the superintendent or designee will announce any sanctions or other action deemed appropriate, including recommendations to the Board for disciplinary or other action.
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File: JBB-R
8. Whether or not a formal grievance was filed, the district will take all reasonable steps necessary to end the harassment, to make the victim whole by restoring lost educational opportunities, to prevent harassment from recurring and to prevent retaliation against anyone that reports sexual harassment or participates in a harassment investigation.
9. All parties, including the parents/guardians of all students involved, will be notified by the superintendent of the final outcome of the investigation and all steps taken by the district.
10. At any time, the student making a report of sexual harassment may request an end to the informal process and begin the formal grievance process.
(December 2000)
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File: JE
Student Attendance
The school board, administration and faculty of District RE-1J provide the facilities, the learning environment, and the instruction in an effort to offer the best possible education for each individual student. A student must satisfy two basic requirements in order to achieve - acceptable class work, and good attendance.
The parents or legal guardians and the student are responsible for regular school attendance. Students must attend regularly if they are to develop habits of responsibility and self-discipline. Continuity in the learning process is seriously disrupted by excessive absences. In most situations, the work missed cannot be made up adequately if students miss such educationally sound activities as:
1. lectures
2. special instruction and individual help on skill development
3. group discussions
4. spontaneous dialogue between teacher and student
5. performance tests
6. and films
(January 1995)
File: JEA
Compulsory Attendance Ages
Every child who has attained the age of seven years and is under the age of 17 is required to attend public school with such exceptions as provided by law. It is the parents’ responsibility to ensure attendance.
The courts may issue orders against the child, child’s parent, or both compelling the child to attend school or the parent to take reasonable steps to assure the child’s attendance. The order may require the parent, child or both to follow an appropriate treatment plan that addresses problems affecting the child’s school attendance and that ensures an opportunity for the child to obtain a quality education.
(January 1995)
(Revised June 2007)
LEGAL REFS.: C.R.S. 22-33-104 (compulsory school attendance ages)
C.R.S. 22-33-104.5(home-based education)
C.R.S. 22-33-107 (enforcement of school attendance laws)
C.R.S. 22-33-108(judicial proceedings to enforce school attendance laws)
File: JEB
Entrance Age Requirements
A child may enter kindergarten if five years old on or before September 15, of the year of enrollment. Younger students may be accepted if transferring from a public school kindergarten program and if the principal or designee determines that placement of the student in kindergarten is appropriate.
Students enrolling in the first grade may enter if they are six years old on or before September 15 of the year of enrollment. Younger students may be accepted if transferring from a first grade in another public school and if the principal or designee determines that placement of the student in first grade is appropriate.
A legal birth certificate or other acceptable record shall be required for enrollment age certification.
(January 1995)
(Revised October 2004)
LEGAL REFS.: C.R.S. 22-1-115
C.R.S. 22-32-119
C.R.S. 22-54-103(10)(a)(IV)
CROSS REF.: JEA, Compulsory Attendance Ages
File: JF
Student Admissions to/Withdrawals from School
All persons age 5 through 20 who reside within the boundaries of this school district may be permitted to attend public schools without payment of tuition. In addition, persons who do not reside in the district may be admitted under Board policies relating to nonresident students or by specific action of the Board.
A birth certificate or other proof of legal age, as well as proof of residence, may be required by the school administration.
Physical Examinations
All students new to the district including kindergarten students and first graders shall be urged to have a physical examination and to submit a report from the examining physician on a form provided by the district.
Immunizations
Under law, all students entering school for the first time are required to present certification from a licensed physician or an authorized representative of the department of health or local health department stating that the child has received immunizations against communicable diseases as specified by the department of health.
A pupil will be exempted from the above requirement only upon submission of:
1. certification from a licensed physician that the physical condition of the child is such that immunizations would endanger the child’s life or health
2. a statement signed by one parent or guardian that the child is an adherent to a religious belief whose teachings are opposed to immunizations.
Fees for Admission
The Board of Education may establish fees for evening high school, summer school, adult education or community education.
(January 1995)
LEGAL REFS.: C.R.S. 22-1-102
C.R.S. 22-1-102.5
C.R.S. 22-1-115
C.R.S. 22-32-115
C.R.S. 22-32-116
C.R.S. 22-33-103 through 22-33-106
CROSS REF.: JLCB, Immunization of Students
File: JFABD
Admission of Homeless Students
Students defined in state law as homeless children shall be admitted without payment of tuition.
Transportation for homeless students who enroll in the district shall be furnished by the district if such transportation is necessary in compliance with federal law.
Each homeless child shall be provided services for which the child is eligible comparable to services provided to other students in the school selected regardless of residency
Homeless children shall be provided access to education and other services that such children need to insure that they have an opportunity to meet the same student performance standards to which all students are held.
(December 1996)
LEGAL REFS.: 42 U.S.C. §11431 and §11432(e)(5) (McKinney Homeless Assistance Act)
C.R.S. 22-1-102.5
C.R.S. 22-33-103.5
File: JFBA
Intra-District Choice/Open Enrollment
The Board of Education endorses the neighborhood school concept and makes many decisions based on student population within established attendance areas of residence. The Board recognizes, however, that resident students may wish to attend a school or participate in a program located in an area other than that of their assigned school. Therefore, students shall be allowed to attend any school or participate in any program of their choice on a space available, first-come, first-served basis.
In implementing the open enrollment program, the district is not required to:
1. Make alterations in the structure of a requested school or make alterations to the arrangement or function of rooms within a requested school
2. Establish and offer any particular program in a school if such program is not offered currently in such school
3. Alter or waive any established eligibility criteria for participation in a particular program including age requirements, course prerequisites and required levels of performance
Notwithstanding the provisions of this policy, a student may be assigned outside his attendance area by mutual agreement of the principals in the special interest of the student and/or school.
Open Enrollment and Transfers
Students and their parents/guardian shall be notified on an annual basis of the options available through open enrollment in sufficient time to apply.
Students within a designated attendance area shall have priority in registering in that school. Students may apply for open enrollment in a school outside their attendance area and such applications shall be approved if there is space available in the requested school and the application has been submitted in accordance with the regulations accompanying this policy.
Students granted permission to attend a school other than the school in their assigned attendance area shall have the same curricular and extracurricular status as all other students attending the school, limited only by rules of the Colorado High School Activities Association.
Transfer students attending a school outside their attendance area shall be granted admission on a year-to-year basis. In the event the population of the attendance area increases to fill the building with attendance areas residents, transfer students may be asked to enroll in another school.
The Board reserves the right to rescind and/or amend any or all open enrollments or transfers if in its opinion overcrowding of facilities or other undesirable conditions develops.
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Transportation
Transportation for students granted permission to attend school outside their attendance area must be furnished by their parents unless space is available in district buses without disruption of regular routes and loading areas (not including handicapped/special education buses and routes).
Nondiscrimination
The Board, the superintendent, other administrators and teachers shall not make any distinction on account of race, color, ethnic group or religion of any student who may be in attendance or who seeks admission to any school maintained by the district in the determination or recommendation of action under this policy.
However, the Board reserves the right to restrict open enrollment and transfer requests if such requests begin to significantly affect the ethnic balance of a school.
Special Education Students
Requests from the parents of special education students for open enrollment or transfer to another school or program shall be considered in accordance with applicable state and federal laws.
(January 1995)
LEGAL REFS.: C.R.S. 22-1-102
C.R.S. 22-32-110 (1)(m)
C.R.S. 22-36-101 et seq.
1 CCR 301-1, Rule 2202-R-3.10 (2)
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File: JFBA-R
Intra-District Choice/Open Enrollment
1. Attendance areas
Students will attend the district school determined by their residence unless a request to attend another school or program is approved. No student will be enrolled in a school or program outside of his attendance area without prior approval in accordance with these regulations.
The principal of each school will be responsible for checking student enrollment records to determine that each student is a legal residence of that school’s attendance area or has an approved authorization for open enrollment or transfer.
Students must register in the school serving their attendance area even though a request is pending for open enrollment or transfer. Registration in the requested school will not be permitted until the student has received written approval for open enrollment or transfer.
2. Open enrollment
Requests for open enrollment must be initiated by the parents/guardian by filing the approved form with the principal of the school which the student wishes to attend (receiving school). The receiving school principal will notify the principal of the school in the student’s attendance area of the disposition of the request.
Forms will be available in every school building and in the central administrative office. The principal will explain to the parents/guardian the procedures used to process open enrollment requests.
The receiving school principal will make the decision as to whether an open enrollment application is accepted or rejected based on criteria established in state law and Board policy. The receiving school principal will be responsible for notifying the parents and students of approval or disapproval of an open enrollment request no later than August 31.
Reasons used by the principal to accept or reject open enrollment requests shall be limited to any of the following:
a. There is a lack of space or teaching staff within a particular program or school requested.
b. The school requested does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of the student or does not offer a particular program requested.
c. The student does not meet the established eligibility criteria for participation in a particular program including age requirements, course prerequisites and required levels of performance.
d. A desegregation plan is in effect for the school district, and such denial is necessary in order to enable compliance with the desegregation plan.
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File: JFBA-R
Upon enrollment at a school outside his attendance area, the student should plan to remain in that school for a full academic year. Once a student is accepted under the open enrollment plan, every effort will be made to permit the student to complete the highest grade in that building.
Students who wish to return to their home school or to open enroll in a different school must submit an open enrollment request in accordance with these regulations.
Each principal will maintain a file of all open enrollment requests to his building. A copy will be forwarded to the central office for district-wide data collection purposes.
Those students who apply for open enrollment and cannot be accepted at the time of application will be placed on a waiting list in the order in which the applications are received and will be considered for approval at a later date if space becomes available. The waiting list will be maintained until May 31 of each year, after which a new waiting list will be developed for the next 12 months.
3. Transfers
The transfer process is available to allow flexibility in choice of school when the open enrollment deadline has passed and/or circumstances necessitate a change in school just prior to or during a school year. All requests for attendance at a school outside a student’s attendance area will be processed as transfers once the open enrollment deadline has passed.
Requests for transfer must be initiated by the parents/guardian by filing the approved form with the principal of the school, which the student wishes to attend (receiving school). The receiving school principal will notify the principal of the school in the student’s attendance area of the disposition of the request.
Forms will be available in every school building and in the central administrative office. The principal will explain to the parents/guardian the procedures used to process transfer requests.
The receiving school principal will make the decision as to whether a transfer application is accepted or rejected based on the same criteria established in state law and Board policy as used to consider open enrollment requests. It may be appropriate under some circumstances to conditionally approve a transfer request. The receiving school principal will be responsible for notifying the parents and students of approval or disapproval of a transfer request as soon as possible.
Permission to transfer when granted will be for one academic year or the remainder of the year if the transfer occurs after the beginning of any school year. Renewal of transfers is not automatic.
Students who wish to return to their home school or to transfer to a different school must reapply for a transfer in accordance with these regulations.
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Each principal will maintain a file of all transfer requests to or from his building. A copy will be forwarded to the central office for district-wide data collection purposes.
4. Criteria to determine if space is available
Open enrollment and transfers within the district will be approved subject to space availability in the school requested contingent upon district class size guidelines and subject availability as determined by the receiving principal taking enrollment projections into consideration. Students whose open enrollment or transfer requests have been approved will be assigned to classrooms on the basis of available staff and support services as well as the best use of classroom space. Mobile units will not be taken into consideration when determining availability of classroom space.
Requests for enrollment in particular programs will take into consideration the applicant’s qualifications for the program.
An open enrollment or transfer granted to one child in a family will not necessarily support the open enrollment or transfer of another child in the family.
5. Changes in residence
Students whose place of residence changes within the school district during the school year may remain at the school they currently are attending until the end of the academic year. Transfer forms must be completed for record-keeping purposes. Students will be required to attend the school of their new attendance area the following year unless application is made for open enrollment or transfer.
6. Athletics
Eligibility for participation in interscholastic athletics will be determined in accordance with the rules of the Colorado High School Activities Association.
Any student who enrolls in a school outside of his attendance area by falsifying his address forfeits eligibility to participate in athletic activities.
7. Appeal procedure
Should a request for open enrollment or transfer be denied, the parent/guardian will be advised by the principal that they may appeal the denial by contacting the Assistant Superintendent. The appeal will be forwarded to that administrator immediately following a parent/guardian conference requesting the appeal.
The receiving principal will be asked to submit the reason for denial of the request. The administrator considering the appeal will review the parent/guardian request and the principal’s decision and then make a determination of a school assignment.
When necessary and upon request, the superintendent will review the decision of the administrator. Upon request, the Board of Education will review the decision of the superintendent.
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Inter-District Choice/Open Enrollment
The Board recognizes that students may benefit from having a choice of schools to attend within the public school system that is not limited by school district boundaries.
Nonresident students from other school districts within the state who apply pursuant to the regulations approved by the Board may enroll in particular programs or schools within this district on a space available basis without payment of tuition, except as otherwise provided by law.
In providing for admission of nonresident students, the school district shall not:
1. Make alterations in the structure of the requested school or to the arrangement or function of rooms within a requested school to accommodate the enrollment request;
2. Establish and offer any particular program in a school if such program is not currently offered in such school;
3. Alter or waive any established eligibility criteria for participation in a particular program, including age requirements, course prerequisites and required levels of performance;
4. Enroll any nonresident student in any program or school after October 1.
Before considering requests for admission from nonresidents, priority shall be given to resident students who apply under the district’s open enrollment/transfer plan.
Students who were expelled from another school district during the preceding 12 months or whose behavior in another school district during the preceding 12 months was detrimental to the welfare or safety of other students or school personnel may be denied admission.
An elementary student who becomes a nonresident after enrollment or between school years shall be allowed to remain enrolled in or to re-enroll in elementary school in the district in accordance with state law and Board regulations. Secondary students who become nonresidents during the school year may complete the semester or other term for credit. Seniors who become nonresidents during the school year shall be allowed to finish the school year as residents.
The Board reserves the right to rescind and/or amend any enrollment of nonresident students if, in its opinion, overcrowding of facilities or other undesirable conditions develop.
1. Transportation
Transportation for students granted permission to enroll pursuant to this policy shall be furnished by their parents to a bus stop within the district if arrangements can be made to have the student ride on a district bus without disruption of regular routes and loading areas (not including handicapped/special education buses and routes.
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2. Nondiscrimination
The Board, the superintendent, other administrators and teachers shall not make any distinction on account of race, sex, ethnic group, religion or disability of any student who may be in attendance or who seeks admission to any school maintained by the district in the determination or recommendation of action under this policy.
However, the Board reserves the right to restrict enrollment requests if such requests begin to significantly affect the ethnic balance of a school.
3. Special Education
Requests from the parents of special education students for admission shall be considered in accordance with applicable state and federal laws. The student’s current Individual Education Plan (IEP) shall be used to determine if the requested school or program can meet the student’s needs. Once the student is admitted, the district shall conduct a staffing to update the IEP.
4. Waiver Requests
The superintendent shall present to the Board for its consideration any request from parents or legal guardians for exceptions to this policy.
(January 1995)
LEGAL REFS.: C.R.S. 15-14-104 (delegation of custodial power)
C.R.S. 19-1-115.5 (child in foster care placement is considered resident of school district in which foster home is located)
C.R.S. 22-1-102 (2)
C.R.S. 22-32-113 (1)(c)
C.R.S. 22-32-115
C.R.S. 22-32-116
C.R.S. 22-33-103
C.R.S. 22-33-106 (3)
C.R.S. 22-36-101 et seq.
C.R.S. 22-54-103 (10)
1 CCR 301-1, Rule 2202-R-3.10 (2)
CROSS REF.: IIB, Class Size
JFAB/JFABB, Admission of Nonresident Students/Tuition Charges
JFABD, Enrollment of Homeless Students
JFBA, Intra-District Choice/Open Enrollment
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Inter-District Choice/Open Enrollment
The district will consider admission requests from Colorado students who do not reside within the boundaries of the school district but who wish to attend a particular school or program within the district in accordance with the following regulations:
1. Determination of Residency
Any questions about a student’s residency status must be resolved prior to application for admission. These regulations apply to all Colorado students who do not reside within the boundaries of the school district.
2. Requests for Admission
Requests for admission as a nonresident student must be initiated by the parent/guardian by filing the approved form with the principal of the school which the student wishes to attend (receiving school).
Forms will be available in every school building and in the central administrative office. The principal will explain to the parent/guardian the procedures used to process admission requests.
Students must submit an admission request in accordance with these regulations for each school or program requested within the district. Each principal will maintain a file of all enrollment requests received from nonresidents. A copy will be forwarded to the central office for district-wide data collection purposes.
The receiving school principal will make the decision as to whether an application is accepted or rejected based on criteria established in state law and Board policy and regulations. The receiving school principal will be responsible for notifying the parents and student of approval or disapproval of an admission request no later than August 31.
Approval of a request to enroll in the district will be conditioned on compliance with each of the following:
a. Actual enrollment and attendance prior to October 1 of the following academic year;
b. Receipt of all applicable records;
c. Satisfaction of all district requirements for admission.
In the event any information is falsified or withheld from the district during the admission process, approval for admission will be withdrawn immediately.
An approved application will be valid for one year only. The student may reapply for the following year.
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File: JFBB-R
Those students who apply for admission who are not accepted at the time of application will be placed on a waiting list in the order in which the applications are received and will be considered for approval at a later date if space becomes available. The waiting list will be maintained until May 31 of each year, after which a new listing will be developed for the next 12 months.
3. Grounds for Denial of Admission
Grounds for denial of admission to a nonresident student who otherwise complies with the district’s policies and procedures are limited to the following:
a. There is a lack of space or teaching staff in a particular program or school requested, in which case priority will be given to resident students applying for admission to the program or school.
b. The school requested does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of the student or does not offer the particular program requested.
c. The student does not meet the established eligibility criteria for participating in a particular program including age requirements, course prerequisites and required levels of performance.
d. A desegregation plan is in effect for the school district, and denial is necessary in order to enable compliance with the desegregation plan.
e. The student has been expelled from any school district in the preceding 12 months or is in the process of being expelled because of habitually disruptive behavior (as defined by law) or for committing a serious offense for which expulsion is mandatory.
f. The student has demonstrated behavior in another school district during the preceding 12 months that is detrimental to the welfare or safety of other students or of school personnel.
g. The student has graduated from the 12th grade of any school or is in receipt of a document evidencing completion of the equivalent of a secondary curriculum.
4. Criteria to Determine Availability of Space or Teaching Staff
Enrollment requests are subject to space availability in the school requested contingent upon district class size guidelines and subject availability as determined by the receiving principal taking enrollment projections into consideration. Students whose enrollment requests have been approved will be assigned to classrooms on the basis of available staff and support services as well as the best use of classroom space.
Requests for enrollment in particular programs will take into consideration the applicant’s qualification for the program.
Admission granted to one child in a family will not necessarily support enrollment of another child in the family.
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File: JFBB-R
5. Athletics
Nonresident students who enroll within the district in accordance with this policy will have the same curricular and extracurricular status as all other students attending the school, limited only by rules of the Colorado High School Activities Association (CHSAA).
Eligibility for participation in interscholastic athletics will be determined in accordance with CHSAA rules.
6. Procedures for Resident Elementary Students Who Become Nonresidents
Students enrolled in elementary school who become nonresidents after they are enrolled or between school years may remain enrolled in or re-enroll in the elementary school subject to the following requirements:
a. The student was included in the district’s most recent October 1 student enrollment count and has been enrolled continuously in elementary school since the count was taken.
b. The parent or guardian has submitted a written request to the principal asking for the student to remain enrolled or to re-enroll in the school.
c. The request has been approved by the principal after a determination that space exists in the school to accommodate the student.
Once the elementary student’s request is approved, the student may enroll or re-enroll in the requested school. The district will enter into a written agreement with the student’s district of residence. However, this agreement will not contain any requirement that the district of residence or the parent or guardian pay tuition.
7. Appeal Procedure
Should a request for admission be denied, the parent/guardian will be advised by the principal that they may appeal the denial by contacting the Assistant Superintendent. The appeal will be forwarded to that administrator immediately following a parent/ guardian conference requesting the appeal.
The receiving principal will be asked to submit the reason for denial of the request. The administrator considering the appeal will review the parent/guardian’s request and the principal’s decision and then make a determination.
When necessary and upon request, the superintendent will review the decision of the administrator. Upon request, the Board of Education will review the decision of the superintendent.
(January 1995)