Same as row, BUT – student is in district neither for school purposes nor because of personal or family problems (e.g., student is playing in a hockey league) DEPENDS. Factors to consider include: 1. Does student intend to return to parent’s home in near future? Does child return to parental home to visit? 2. Does parent furnish significant financial support for child? 3. Does parent have authority over child? MOST of the time, students are NOT going to be residents and must be charged tuition. An exception may exist for a student who is 18 or older and who sets up his/her own household (all above questions would have to be answered in the negative). Same comments as previously. Creating a legal guardianship does NOT affect whether the student is a resident. It merely clarifies who gets information from the district and who can make decisions for a minor child. Student with parent(s) in District A, but is with a relative (not a parent) before and/or after school in District B. This does not establish residency in District B. If parents want student to attend District B, they must file an open enrollment request. Student resides with guardian Doesn’t automatically make the student a resident for purposes of 282.6; still need to determine WHY the student is in the district. The rights of a court-appointed guardian are superior to those of the parents; guardian is emergency contact and is the recipient of all documents from school. Therefore, make sure this is a legal guardianship (as evidenced by a court order signed by a judge or by “letters of appointment” signed by clerk of court with seal of court). Student splits time equally Only one district will include the student in its October count. If the student does not live in one district more than the other, the parents
Action to recover such penalty or action to enjoin such unlawful act may be instituted by the board of any school district or by a taxpayer in any school district. 3. On or before February 15 and July 15 of each year the secretary of the creditor district shall deliver to the secretary of the debtor district an itemized statement of such tuition fees. [SS15, §2733-1a; C24, 27, 31, 35, 39, §4277; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §282.20] 83 Acts, ch 31, §6; 2013 Acts, ch 88, §20 Open Enrollment Quick Chart Situation Resident Receiving 1.General Parent/guardian files for student in grades 1-12 on or before March 1st/September 1st for students entering kindergarten. Receive a copy of the paper no action needed unless the resident district has a diversity plan. Iowa Code section 282.18 (2)(3) Must approve if by March 1st. Unless the receiving district has an insufficient classroom space policy or resident district has a diversity plan. The deadline for the receiving district to act on timely filed applications is June 1st. Iowa Code section 282.18 (2)(3) 2.General Parent/guardian files after the March 1st deadline with good cause. Receive a copy of the paper no action needed unless the resident district has a diversity plan. Iowa Code section 282.18 (4) Must approve unless the receiving district has an insufficient classroom space policy or resident district has a diversity plan. Iowa Code section 282.18 (4) 3.General Parent/guardian files after the March 1st deadline due to serious harassment or serious medical condition. Resident district acts If the application is denied the parent may appeal to the Department of Education. Iowa Code section 282.18(5) Receiving district only acts if the resident district approves or the decision is appealed to the Department of Education and the district decision is over turned. Iowa Code section 282.18(5) 4.General Parent/guardian files for open enrollment after the deadline without good cause, serious harassment or serious medical condition. Application starts with the resident district. The resident district is not required to approve. If the application is denied the parent/guardian may appeal to district If resident district approves the receiving district is not required to approve the application. If the receiving district denies the application the
23.Whole Grade Sharing Student is a resident of District A and attends District B for elementary school under open enrollment. District A and District B are in a whole grade sharing arrangement with each district offering elementary school, District A provides the middle school, and District B has the high school. If student returns to District A for middle school, the open enrollment is on hold until the student returns to District B for high school. If the student open enrolls to another district for middle school, then the student would need to for open enrollment to return to District B for high school. When attending in any other district but District A, the student is under open enrollment and receiving district bills at the open enrollment rate. 24.Placement Open enrolled student is placed in a juvenile detention center, mental health or substance abuse treatment facility, or other similar placement. The open enrollment status is suspended during placement and will automatically be reinstated when the pupil returns. 281-IAC 17.8(10) The resident district will pay the per diem open enrollment. If the placement is by DHS or courts into PMIC, the resident district will pay tuition to the district of location of the PMIC for instruction on days served in the PMIC. The open enrollment status is suspended during placement and will automatically be reinstated when the pupil returns. 281-IAC 17.8(10) The receiving district will bill the per diem open enrollment amount for the days served under open enrollment but will not bill for the days during the placement.