LLS Board Policy 7.8 Student Transfer Revisions Second Reading

LLS Board Policy 7.8 Student Transfer Revisions Second Reading
Posted on 10/30/2017

7.8 OPEN ENROLLMENT/SCHOOL ATTENDANCE ZONES

The Board of Education adopts this policy pursuant to the terms of  NMSA 22-1-4, also known as the Open Enrollment Act.  The Open Enrollment Act requires that a free public school education shall be available to any school-age person who is a resident of New Mexico and who has not received a high school diploma or its equivalent.  This policy does not apply to students who are not New Mexico residents.  The Board retains the discretion to determine whether the School District has sufficient accommodations to offer enrollment to students who are not New Mexico Rresidents.
  1. Attendance Area

    The attendance area of each school within the School District shall be established by the Board of Education.

  2. Enrollment Priorities

    In-state resident students shall be enrolled or re-enrolled in each district school according to the following priorities:

    1. First, persons residing within the attendance area of the school;
    2. Second, students enrolled in a school rated as “F” for two of the prior four years pursuant to the School Ratings Act; ranked as a school that needs improvement or a school subject to corrective action;
    3. Third, persons who previously attended the school; and
    4. Fourth, all other applicants for enrollment at the school.
  3. Transportation

    Transportation shall be provided by the School District for transportation-eligible students residing within the attendance area of the school they attend.  Transportation of students residing outside the attendance area of the school they attend shall be the responsibility of the parent or guardian of the student.  However, the School District shall provide transportation to students previously enrolled in and transferring from a school rated as “F” for two of the prior four years pursuant to the School Ratings Act.will comply with the transportation requirements of the No Child Left Behind Act for students enrolled from a school ranked as a school that needs improvement or a school subject to corrective action.

    The District shall determine annually how many second priority students are enrolled outside their resident attendance areas, and whether such students will be transported by creating new bus routes or modifying existing routes, or through the use of per capita feeder arrangements, pursuant to NMAC 6.43.2.15.

  4. Maximum Class Size

The Ssuperintendent shall determine the maximum allowable class sized in the grade level classrooms of the sSchool dDistrict by administrative regulation.

So long as the maximum allowable class size established by the Superintendent, or as permitted by law is not exceeded by the enrollment of firstsecond-priority students as defined above,,(those enrolled in a school ranked as a school that needs improvement or a school subject to corrective action), the school shall continue to enroll students on the basis of the priorities established in this policy.

TheA student's expulsion from any school district or private school in this state or any other state during the previous twelve months or a student’s behavior in a School District or private school in New Mexico or in another state during the preceding twelve-month period which is makes the student's enrollment or re-enrollment detrimental to the welfare or safety of other students or school personnel, may result in denial of enrollment nor re-enrollment in this School District, subject to the hearing and appeal process specified below.

V. Hearing and Appeal of Denial of Enrollment or Re-Enrollment

A student or the student's parent may appeal a denial of enrollment or of re-enrollment pursuant to policies regarding maximum class size, above, through the procedures established for long-term suspensions and expulsions of students, provided that when the denial of enrollment or re-enrollment was based upon the student's prior expulsion from another School District or private school in this state or another state within the preceding twelve-month period, the admission of evidence of such expulsion shall shift the burden of proof to the student or parents to show that the student should be admitted, despite such expulsion.  In proceedings regarding denials under all other circumstances provided under Denial of Enrollment or Re-enrollment, above, the burden of sustaining the denial shall remain with the Sschool District.

ADOPTED:
REVISED:
LEGAL REFERENCES: The Open Enrollment Act, NMSA 1978 Section 22-1-4; The A-B-C-D-F School Ratings Act, NMSA 1978 Sections 22-2E-1 to 22-2E-4.
CROSS-REFERENCES:
LOS LUNAS BOARD OF EDUCATION

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