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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

124D.03 ENROLLMENT OPTIONS PROGRAM.
    Subdivision 1. Establishment. (a) An enrollment options program is established to enable
any pupil to attend a school or program in a district in which the pupil does not reside, subject to
the limitations in this section.
(b) A district may refuse to allow a pupil who is expelled under section 121A.45 to enroll
during the term of the expulsion if the student was expelled for:
(1) possessing a dangerous weapon, as defined by United States Code, title 18, section 930,
paragraph (g)(2), at school or a school function;
(2) possessing or using an illegal drug at school or a school function;
(3) selling or soliciting the sale of a controlled substance while at school or a school
function; or
(4) committing a third-degree assault as described in section 609.223, subdivision 1.
    Subd. 2. Limited enrollment of nonresident pupils. (a) A board may, by resolution, limit
the enrollment of nonresident pupils in its schools or programs according to this section to a
number not less than the lesser of:
(1) one percent of the total enrollment at each grade level in the district; or
(2) the number of district residents at that grade level enrolled in a nonresident district
according to this section.
(b) A district that limits enrollment of nonresident pupils under paragraph (a) shall report to
the commissioner by July 15 on the number of nonresident pupils denied admission due to the
limitations on the enrollment of nonresident pupils.
    Subd. 3. Pupil application procedures. In order that a pupil may attend a school or
program in a nonresident district, the pupil's parent or guardian must submit an application to
the nonresident district. Before submitting an application, the pupil and the pupil's parent or
guardian must explore with a school guidance counselor, or other appropriate staff member
employed by the district the pupil is currently attending, the pupil's academic or other reason for
applying to enroll in a nonresident district. The pupil's application must identify the reason for
enrolling in the nonresident district. The parent or guardian of a pupil must submit an application
by January 15 for initial enrollment beginning the following school year. The application must
be on a form provided by the Department of Education. A particular school or program may be
requested by the parent. Once enrolled in a nonresident district, the pupil may remain enrolled and
is not required to submit annual or periodic applications. To return to the resident district or to
transfer to a different nonresident district, the parent or guardian of the pupil must provide notice
to the resident district or apply to a different nonresident district by January 15 for enrollment
beginning the following school year.
    Subd. 4. Desegregation district transfers. (a) This subdivision applies to a transfer into or
out of a district that has a desegregation plan approved by the commissioner of education.
(b) An application to transfer may be submitted at any time for enrollment beginning at
any time.
(c) A pupil enrolled in a nonresident district under a desegregation plan approved by the
commissioner of education is not required to make annual or periodic application for enrollment
but may remain enrolled in the same district. A pupil may transfer to the resident district at
any time.
(d) Subdivision 2 applies to a transfer into or out of a district with a desegregation plan.
    Subd. 5. Nonresident district procedures. A district shall notify the parent or guardian in
writing by February 15 whether the application has been accepted or rejected. If an application
is rejected, the district must state in the notification the reason for rejection. The parent or
guardian must notify the nonresident district by March 1 whether the pupil intends to enroll in the
nonresident district. Notice of intent to enroll in the nonresident district obligates the pupil to
attend the nonresident district during the following school year, unless the boards of the resident
and the nonresident districts agree in writing to allow the pupil to transfer back to the resident
district, or the pupil's parents or guardians change residence to another district. If a parent or
guardian does not notify the nonresident district, the pupil may not enroll in that nonresident
district during the following school year, unless the boards of the resident and nonresident district
agree otherwise. The nonresident district must notify the resident district by March 15 of the
pupil's intent to enroll in the nonresident district. The same procedures apply to a pupil who applies
to transfer from one participating nonresident district to another participating nonresident district.
    Subd. 6. Basis for decisions. The board must adopt, by resolution, specific standards for
acceptance and rejection of applications. Standards may include the capacity of a program, class,
or school building. The school board may not reject applications for enrollment in a particular
grade level if the nonresident enrollment at that grade level does not exceed the limit set by the
board under subdivision 2. Standards may not include previous academic achievement, athletic or
other extracurricular ability, disabling conditions, proficiency in the English language, previous
disciplinary proceedings, or the student's district of residence.
    Subd. 7. Exceptions to deadlines. Notwithstanding subdivision 3, the following pupil
application procedures apply:
(a) Upon agreement of the resident and nonresident districts, a pupil may submit an
application to a nonresident district after January 15 for enrollment beginning the following
school year.
(b) If, as a result of entering into, modifying, or terminating an agreement between boards, a
pupil is assigned after December 1 to a different school for enrollment beginning at any time,
the pupil, the pupil's siblings, or any other pupil residing in the pupil's residence may submit
an application to a nonresident district at any time before July 1 for enrollment beginning the
following school year.
(c) A pupil who becomes a resident of a district after December 1 may submit an application
to a nonresident district on January 15 or any time after that date for enrollment beginning any
time before the following December 1.
(d) If the commissioner of education and the commissioner of human rights determine
that the policies, procedures, or practices of a district are in violation of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352) or chapter 363A, any pupil in the district may submit an
application to a nonresident district at any time for enrollment beginning at any time.
For exceptions under this subdivision, the applicant, the applicant's parent or guardian,
the district of residence, and the district of attendance must observe, in a prompt and efficient
manner, the application and notice procedures in subdivisions 3 and 5, except that the application
and notice deadlines do not apply.
    Subd. 8. Transportation. If requested by the parent of a pupil, the nonresident district
shall provide transportation within the district.
The resident district is not required to provide or pay for transportation between the
pupil's residence and the border of the nonresident district. A parent may be reimbursed by the
nonresident district for the costs of transportation from the pupil's residence to the border of the
nonresident district if the pupil is from a family whose income is at or below the poverty level, as
determined by the federal government. The reimbursement may not exceed the pupil's actual cost
of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid
for more than 250 miles per week.
At the time a nonresident district notifies a parent or guardian that an application has been
accepted under subdivision 4 or 5, the nonresident district must provide the parent or guardian
with the following information regarding the transportation of nonresident pupils under section
123B.88, subdivision 6.
    Subd. 9. Credits toward graduation. A nonresident district shall accept credits toward
graduation that were awarded by another district. The nonresident district shall award a diploma
to a nonresident pupil if the pupil meets its graduation requirements.
    Subd. 10. Information. A district shall make information about the district, schools,
programs, policies, and procedures available to all interested people.
    Subd. 11. General education aid. Adjustments to general education aid for the resident and
nonresident districts shall be made according to section 127A.47, subdivision 7.
    Subd. 12. Termination of enrollment. A district may terminate the enrollment of a
nonresident student enrolled under this section or section 124D.08 at the end of a school year
if the student meets the definition of a habitual truant under section 260C.007, subdivision 19,
the student has been provided appropriate services under chapter 260A, and the student's case
has been referred to juvenile court. A district may also terminate the enrollment of a nonresident
student over the age of 16 enrolled under this section if the student is absent without lawful
excuse for one or more periods on 15 school days and has not lawfully withdrawn from school
under section 120A.22, subdivision 8.
History: 1988 c 718 art 7 s 8; 1989 c 222 s 1,2; 1989 c 329 art 9 s 1-3; 1990 c 562 art 6 s
1,2; 1991 c 130 s 1,2; 1991 c 265 art 2 s 1; art 3 s 38; art 9 s 1; 1992 c 499 art 9 s 1; 1993 c 224
art 2 s 1; art 13 s 1; 1Sp1995 c 3 art 16 s 13; 1997 c 7 art 1 s 43; 1Sp1997 c 4 art 1 s 1; art 5 s
1-4; 1998 c 397 art 1 s 9-14,58; art 11 s 3; 1998 c 398 art 5 s 55; 1999 c 139 art 4 s 2; 1999 c 241
art 9 s 25; 2000 c 489 art 6 s 16; 1Sp2001 c 6 art 2 s 19; 2003 c 130 s 12; 1Sp2003 c 9 art 12 s 8

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