501 STUDENT ATTENDANCE

501 STUDENT ATTENDANCE Jen@iowaschool… Sat, 07/27/2019 - 18:20

501

rmccartan@e-ha… Mon, 07/13/2020 - 14:02

501.01 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 (1999).

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 1/22/01 Reviewed 7/15/2020 Reviewed 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:32

501.02 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 October 1st 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 (1999).

Cross Reference: 501 Student Attendance

Approved 1/22/01 Reviewed 7/15/2020

Jen@iowaschool… Sat, 07/27/2019 - 18:33

501.03 COMPULSORY ATTENDANCE

Parents within the school district who have children over age six and under age sixteen by September 15, 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 shall attend school a minimum of 175 days. Students not attending the minimum days must be exempted by this policy as listed below or, for students in grades 7-12, referred to the county attorney or, for students in grades K-6, referred to the Attendance Cooperation process. 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;
are receiving independent private instruction; or,
are receiving competent 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.

The principal will investigate the cause for a student's truancy. If the principal is unable to secure the truant student's attendance, the principal should discuss the next step with the school board. If after school board action, the student is still truant, principal will refer the matter over to the county attorney.

The school will participate in mediation if requested by the county attorney. The superintendent 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.

Note: The compulsory attendance law does not require school districts to have a truancy officer.

Legal Reference: Iowa Code §§ 239.5B; 259A; 279.10-.11; ch. 299; 299A (1999).

441 I.A.C. 41.25(8).

1978 Op. Att'y. Gen. 379.

Cross Reference: 501 Student Attendance

601.1 School Calendar

604.1 Competent Private Instruction

Approved 6/25/79 Reviewed 7/15/2020 Revised 6/17/2020

Jen@iowaschool… Sat, 07/27/2019 - 18:33

501.3E1 STUDENT PERSONNEL

Under a new Iowa law, a school truancy officer must tell the Department of Human Services (DHS) when a child is not complying with the school's attendance policy. The law applies only to children who have not finished sixth grade. DHS must then set up a meeting with the child's family. One purpose of the meeting is to help the family get the child to attend school. The other is to prevent a 25% reduction in the family's FIP grant.

The participants at the meeting will try to find out why the child has not been attending school. They will also come up with a plan so that the child will attend school in the future. This Agreement will state why the child has not been attending school. It will also state the plan for the child's school attendance in the future. The Agreement shall be signed by each participant at the end of the meeting. The signed original Agreement is given to the child's family. Copies will be given to the other participants.

PART A (Part A must be signed by each participant at the meeting.)

1. Child’s Name	2. FIP Case Number
3. Service Case Number	4. Date of Meeting
5. Location

6. Participants at the meeting. (List each person's name, agency represented, and phone number.)

7. Reasons for the child's nonattendance identified at the meeting. This includes barriers that may need to be overcome to ensure that the child attends school. (Be specific.)

8. Terms agreed to by all participants for resolving the child's nonattendance.

(Be specific.)

9. Future responsibility of each participant at the meeting. (List the person's name and what the person is responsible for doing to resolve the child's nonattendance.)

10. If a monitor is agreed to, list the person's name, agency represented, and phone number.

Name Phone Number

Agency Represented

11. Signatures of persons participating in the meeting. By signing this form, I understand that I am agreeing to all items described in Part A, above.

PART B FIP Parents' or Caretaker's Statement of Understanding and Consent

Each parent living in the home with the child or the relative caring for the child shall sign Part B.

I understand that this Agreement stays in effect until the school decides the child is complying with attendance policies or the child goes off FIP, whichever happens first.

I understand that if we agree to a monitor in the meeting, the monitor must periodically contact everyone who signed the Agreement to check if its terms are being carried out. I will comply and cooperate with the monitor. I understand that the monitor may need to have confidential information for the sole purpose of resolving the child's nonattendance. I agree to sign necessary forms for the release of confidential information needed to improve the child's school attendance.

I understand that the school district can declare the child truant if:

• The participants at the meeting don't enter into an Agreement, or

• I violate a term of the Agreement, or

• I fail to participate in the meeting without good cause.

The truancy officer must also confirm that the child still meets the conditions for being truant.

I understand that if the school declares the child truant, DHS will reduce my FIP benefits by 25%.

I understand that my FIP benefits will stay reduced until the child goes off FIP or the truancy officer notifies DHS that:

• The child is complying with the school's attendance policy; or

• The child has satisfactorily completed sixth grade; or

• The school has found there is good cause for the child's non-attendance and it withdraws the truancy notification; or

• The child is no longer enrolled in that school, and the child's family proves that either:

§ The child is attending another school, or

§ The child is otherwise receiving equivalent schooling as allowed under Iowa law.

I understand that I have the right to appeal the terms of this Agreement. (See back of Part B for appeal rights.)

I understand that by signing Parts A and B, I am agreeing to all items described in both parts.

Signature of parent in the home Date

or signature of other parent in home

or signature of relative caring for the child

APPEAL RIGHTS

If you don't agree with the terms of your School Attendance Cooperation Agreement, you have the right to appeal. Your appeal rights and procedures for hearing are explained in the Iowa Administrative Code, 441-Chapter 7.

How to Appeal. You must appeal in writing. You can use the Department of Human Services (DHS) appeal form or simply send a letter asking to appeal. Send or take your appeal request to the DHS office in your county. There is no fee or charge for an appeal. Your county DHS office will help you file an appeal if you ask them.

Time Limits. To get a hearing, you must file your appeal within 30 calendar days of the date you signed the School Attendance Cooperation Agreement. When the appeal is filed later than this but less than 90 days after you signed the Agreement, the Director of DHS must approve whether a hearing will be held based on good cause for late filing. If the appeal is filed more than 90 days after you signed the Agreement, there will be no hearing.

Granting a Hearing. DHS will determine whether or not an appeal may be granted a hearing. If a hearing is granted, you will be notified of the time and place. If a hearing is not granted, you will be notified in writing of the reason and the procedures for challenging that decision.

Presenting Your Case. If an appeal hearing is granted, you may explain your disagreement or have someone else like a relative or friend explain your disagreement for you. You may be represented by an attorney, but DHS will not pay for the attorney. Your county DHS office has information about legal services available to you that are based on your ability to pay. You may also phone the Legal Services Corporation of Iowa at 1-800-532-1275. If you live in Polk County, phone 243-1193.

POLICY ON NONDISCRIMINATION

This action was taken without regard to race, creed, color, sex, age, physical or mental disability, religion, national origin, or political belief. If you think you have been discriminated against for any of the reasons stated above, you may file a complaint with DHS by completing a Discrimination Complaint form which you can get from any DHS office or the DHS Office of Equal Opportunity. You may also file a complaint with the Iowa Civil Rights Commission (if you feel you were discriminated against because of your race, creed, color, national origin, sex, religion, or disability); or the United States Department of Health and Human Services, Office for Civil Rights.

Iowa Department of Human Services

Office of Equal Opportunity Hoover State Office Building 1st Fl

Des Moines, IA 50319-0114

contactdhs@dhs.state.ia.us

Iowa Civil Rights Commission
Grimes State Office Building
400 E. 14th Street Rm 201

Des Moines, IA 50319-0201
Phone: 515-281-4121 or Toll Free: 1-800-457-4416
Fax 515-242-5840 don.grove@iowa.gov,

Approved 6/22/98 Reviewed 7/15/2020 Reviewed 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:35

501.3R1 ATTENDANCE COOPERATION PROCESS

When it is determined that a student is in grades K-6 is in violation of the school district attendance policy and procedures, the principal will check the Department of Human Services (DHS) records to determine whether the student's family is receiving Family Investment Program (FIP) benefits. If the student's family is receiving FIP benefits, the principal will notify DHS. DHS is then responsible for the Attendance Cooperation Process (ACP)

If the student's family is not receiving FIP benefits, the principal will initiate the ACP. The parents will be contacted to participate in the ACP. The (truancy officer, principal, assistant principal, other school official) may also invite juvenile court officers, the county attorney, other school officials and others deemed appropriate. If others are invited who don't have access to the student's records either by law or a Juvenile Justice Agency Information Sharing Agreement, parental consent is needed for them to participate in the ACP.

The purpose of the ACP is to determine the cause of the student's nonattendance, get the parties to agree to solutions addressing the nonattendance and initiate referrals to any other services that may be necessary. The agreement is then written. The agreement is to include all terms agreed to and future responsibilities of all parties. All parties must sign the agreement and failure to sign by the parents is considered a violation of the process and initiates the next level.

If the parents do not participate in the ACP, if the parties do not enter into an ACP or if the parents violate a term of the agreement, the student is deemed truant. For FIP students and non-FIP students, the school district notifies the county attorney when students are truant. When a student is deemed truant, for FIP students, DHS is again notified and DHS then initiates the process whereby FIP benefits are reduced.

Approved 6/22/98 Reviewed 7/15/2020 _ Reviewed 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:34

501.04 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 (1999).

1980 Op. Att'y Gen. 258.

Cross Reference: 501 Student Attendance

507.1 Student Health and Immunization Certificates

Approved 5/17/71 Reviewed 2/17/2021 Revised 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:37

501.05 ATTENDANCE CENTER ASSIGNMENT

The board shall have complete discretion to determine the boundaries for each attendance center and to assign students to the attendance centers.

Parents or guardians of siblings in the same grade level academically in grades kindergarten through grade five may request the siblings be placed in the same or different classrooms. In order to be valid, the request must be made in writing and submitted to the school principal at the time of registration for classes, or within fourteen days after the children’s first day of attendance during the school year. If a valid request is received by the school principal, the request must be honored. While a parent or guardian may make a placement request that siblings be placed together or apart, the district administration retains complete discretion to select the classroom teacher(s) to which siblings are assigned. If after the initial grading period following the placement of siblings in the same or different classrooms the school principal determines the placement is disruptive to the class; the principal may assign one or more of the siblings to different classrooms.

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 (1999).

Cross Reference: 501 Student Attendance

Approved 6/25/79 Reviewed 2/17/2021 Revised 7/17/24

Jen@iowaschool… Sat, 07/27/2019 - 18:38

501.06 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. Students expelled or suspended from their previous school district will only be enrolled after approval of the board.

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.

NOTE: School districts do not need parental permission to request student records from previous school districts. The school district sending the records must notify the parents that the student's records have been sent.

Legal Reference: 20 U.S.C. § 1232g (1994).

Iowa Code §§ 139.9; 282.1, .3, .4; 299A (1999).

Cross Reference: 501 Student Attendance

505.3 Student Honors and Awards

507 Student Health and Well-Being

604.1 Competent Private Instruction

Approved 11/20/95 Reviewed 2/17/2021 Reviewed 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:38

501.07 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 (1994).

Iowa Code §§ 274.1; 299.1-.1A (1999).

Cross Reference: 501 Student Attendance

506 Student Records

604.1 Competent Private Instruction

Approved 9/15/97 Reviewed 2/17/2021 Reviewed 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:39

501.08 STUDENT ATTENDANCE RECORDS

It shall be the duty of each building principal to assure the keeping of adequate attendance records and to make required reports to the central administrative office of the Emmetsburg Community School District.

As part of the Emmetsburg Community School District records of students, the daily attendance of each student shall be recorded and maintained on file with the permanent records of the board secretary.

It shall be the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

Legal Reference: Iowa Code §§ 294.4; 299 (1999).

281 I.A.C. 12.2(4).

Cross Reference: 501 Student Attendance

506 Student Records

Approved 5/17/71 Reviewed 2/17/2021 Reviewed 7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:40

501.09 STUDENT ABSENCES - EXCUSED

Regular attendance by students 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.

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, appointments that cannot be scheduled outside the school day and school-sponsored or approved activities.

The district believes that traditional, in-person school attendance leads to the greatest learning opportunities for students. However, there may be rare and unusual circumstances created by public emergencies declared by state or local officials which temporarily prevent students from attending traditional, in-person school. In these circumstances, the superintendent will have discretion to make reasonable accommodations for students, on a case-by-case basis, to attend school through remote learning opportunities within the available resources of the district and as permitted by law. During approved remote learning, attendance will be taken, assessments may be administered, and grades will count towards students’ cumulative grade point average as if they were attending in person. The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans will be determined by each respective IEP or Section 504 team.

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 the 1/2 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 (1999).

281 I.A.C. 12.2(4).

Cross Reference: 501 Student Attendance

503 Student Discipline

504 Student Activities

506 Student Records

Approved 9/15/97 Reviewed 2/17/2021

Jen@iowaschool… Sat, 07/27/2019 - 18:41

501.9E1 Request For Remote Learning Form

Exhibit 501.9E1 REQUEST FOR REMOTE LEARNING FORM

Date: ________________

Student Name: ____________________________ Attendance Center: ______________________

Parent/Guardian: ___________________________

I, _________________________ (Parent/Guardian) am requesting accommodation for my child,__________________________(Student Name) to participate in remote learning opportunities for the duration of the declared public emergency, or until I have determined my child can safely return to traditional in-person learning at his/her designated attendance center, whichever occurs first.

I have attached to this form documentation from an Iowa Board of Medicine-licensed medical professional confirming that remote learning is medically necessary due to the vulnerable health condition of my child or of a family member residing within the same home as my child.

I understand that the district will do their utmost to accommodate my child’s learning needs, but that some learning opportunities may need to be modified in a remote environment. The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans will be determined by each respective IEP or Section 504 team.

I understand that in order for my child to continue to participate in mandatory learning, his/her remote attendance will be taken, assessments administered, and grades will be counted toward my child’s cumulative grade average. I understand that any devices, technology, or materials given to my child to facilitate remote learning are the property of the district and must be returned at the end of the remote learning period.

I am requesting that remote learning opportunities begin on ______________ (date) and continue until

[_____________(date) or the declared public emergency is dismissed].

(Parent/Guardian) ____________________________________

(Date) ________________

Request approved by: __________________________________ (School official) _____________________

(Date) ________________

Note: This form is to be utilized by parents/guardians of a student who, during the course of a declared public emergency, believe that further attendance by the student at traditional in person school would be detrimental to the health or safety of the student or the student’s family member residing with the student. This form is not necessary when the school building is closed to traditional in person learning and remote learning opportunities are already available to students. It is only to be utilized during a public emergency declared by state or local officials when traditional in person learning continues to be held.

rmccartan@e-ha… Mon, 07/13/2020 - 14:05

501.10 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. These absences shall include, but not be limited to tardiness, shopping, hunting, concerts, preparation or participation in parties and other celebrations and employment. 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. Students receiving special education services will not be assigned to supervised study hall, in-school suspension unless the goals and objectives of the student's Individualized Education Program are capable of being met.

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 (1999). 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 11/20/95 Reviewed 2/17/2021

Jen@iowaschool… Sun, 07/28/2019 - 08:39

501.11 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 (1999).

281 I.A.C. 12.2(4).

Cross Reference: 501 Student Attendance

503 Student Discipline

504 Student Activities

506 Student Records

Approved 1/22/01 Reviewed 2/17/2021 Reviewed 7/18/12

Jen@iowaschool… Sun, 07/28/2019 - 08:40

501.12 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 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 pregnancy, 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.

Legal Reference: Iowa Code §§ 216; 279.8; 280.3 (1999).

Cross Reference: 501 Student Attendance

604.2 Individualized Instruction

Approved 1/22/01 Reviewed 2/17/2021 Reviewed 7/18/12

Jen@iowaschool… Sun, 07/28/2019 - 08:41

501.13 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 (1994).

Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (1999).

281 I.A.C. 12.3(6).

Cross Reference: 501 Student Attendance

506 Student Records

Approved 1/22/01 Reviewed 3/17/2021 Reviewed 7/18/12 __

Jen@iowaschool… Sun, 07/28/2019 - 08:42

501.14 OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT

Policy 501.14 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 will notify the sending and receiving school district in accordance with district practice. The notice is made on forms provided by the Department of Education. The forms are available at the central administration office.

Parents of children who will begin kindergarten and prekindergarten children enrolled in special education programs and included in the district’s basic enrollment will file in the same manner set forth above.

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 board’s approval of the application. The receiving district’s superintendent will notify the parents and sending school district by mail within five 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.

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.

NOTE: This policy reflects Iowa's open enrollment law. The option addresses the issue of transportation of open enrolled students. The board needs to establish by policy whether it will or will not allow a receiving district to enter the district to pick up open enrolled students. This option is on the bottom of the first page of this policy. For more detailed discussion of this issue, see IASB's Policy Primer, June 24, 2005.

NOTE: Because open enrollment requests can now occur throughout the year, there is no established date by which districts must make or communicate a decision. Receiving districts should make the decision whether to approve or deny the request as timely as is practical. Receiving districts should in turn make and communicate any determinations as soon as is practical.

Legal Reference: Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1.

281 I.A.C. 17.

Cross Reference:

501 Student Attendance

506 Student Records

Approved 7/17/89 Reviewed 3/17/2021 Revised 8/17/2022

Jen@iowaschool… Sun, 07/28/2019 - 08:43

501.15 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 will have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

The superintendent will approve within 30 days incoming kindergarten applications; good cause application; or continuation of an educational program application.

The superintendent will notify the sending school district and parents within five days of the school district's action to approve or deny the open enrollment request.

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 provided the required timelines are met.

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 are 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.

Students in grades nine through twelve open enrolling into the school district will be eligible for participation in interscholastic athletics, at the varsity level, in accordance with applicable law.

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 1-2 miles of the district boundary/current bus route, depending on the district.) The board's approval is subject to the sending district's approval.

An open enrollment request into the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student's needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed. The area education agency director of special education serving the school district will determine whether the program is appropriate. The special education student will remain in the sending district until the final determination is made. For children requiring special education, the receiving district will complete and provide to the resident district the documentation needed to seek Medicaid reimbursement for eligible services.

The policies of the school district will apply to students attending the school district under open enrollment.

It is the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

NOTE: This policy reflects Iowa's open enrollment law. The board needs to determine whether it will delegate authority to the superintendent to approve timely filed open enrollment requests. The 30 days for approval by the superintendent is a recommended practice intended to align with the general time frame boards have to place a request on the next regular school board meeting agenda, and not a legal requirement. These applications should be timely handled as appropriate for the needs of the families and the district. This option is the first set of options on page one of the policy. There are three options available to the board:

board retains all approval authority over requests.
board delegates all approval authority over requests.
board delegates only some approval authority over requests.

After the board makes its decision, the policy needs to be edited to reflect the board's decision.

The second option on page two addresses the issue of transportation of the receiving district to pick up open enrolled students. The board needs to establish by policy whether it will go into the sending district to pick up open enrolled students. For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 18 #3 - June 24, 2005.

Legal Reference: Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1.

281 I.A.C. 17.

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

Approved 1/17/94 Reviewed 3/17/2021 Revised 08/17/2022

Jen@iowaschool… Sun, 07/28/2019 - 08:45

501.16 HOMELESS CHILDREN AND YOUTH

The Emmetsburg Community School 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:

Designate the guidance counselor as the local homeless children and youth liaison;
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.

NOTE: This is a mandatory policy.

NOTE: The United States Department of Education and the Iowa Department of Education have additional information about implementation of the policy. For additional information, please visit:

The “Education Department Releases Guidance on Homeless Children and Youth” section of the United States Department of Education’s website, located at: http://www.ed.gov/news/press-releases/education-department-releases-guidance-homeless-children-and-youth.

The “Homeless Education” section of the Iowa Department of Education’s website, located at: https://www.educateiowa.gov/pk-12/title-programs/title-x-part-c-homeless-education

Legal Reference:

20 U.S.C. § 6301.

42 U.S.C. § 11302.

42 U.S.C. §§ 11431 et seq.

281 I.A.C. 33.

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 9/15/97 Reviewed 3/17/2021 Revised 12/21/16

Jen@iowaschool… Sun, 07/28/2019 - 08:46

501.17 FOREIGN STUDENTS

Foreign students must meet all district entrance requirements including age, place of residence and immunization. Students entering or reentering school from foreign countries will be required to receive the Mantoux tuberculin test before school entry. Foreign students must be approved by the board. The board reserves the right to limit the number of foreign students accepted. Students who are citizens of a foreign country will be considered residents if they meet one of the following requirements:

The student resides with his/her parent(s) or legal guardian;

The student is in the United States with appropriate documentation (Form I-2o) from the United States Department of Justice-Immigration and Naturalization Services; or

The student is a participant in a recognized foreign exchange program; and

The student is physically able to attend school and has provided the school district with such proof, including a current TB test.

Legal Reference: Iowa Code § 279.8 (1995).

Cross Reference: 501 Student Attendance

Student Health and Immunization Certificates

Approved 6/25/79 Reviewed 3/17/2021 Revised 7/18/12

Jen@iowaschool… Sun, 07/28/2019 - 08:48