A. Definitions
- Option Student Defined: Option student shall mean a nonresident student who has chosen to attend the school district under the provisions of the option enrollment program.
- Resident School District Defined: Resident school district shall mean the school district in which a student resides or in which the student is admitted as a resident of the school district pursuant to state law.
- Option School District Defined: Option school district shall mean the school district that a student chooses to attend other than his or her resident school district.
B. Persons Entitled to Apply for Option Enrollment of Students: Only parents and legal guardians may apply for option enrollment of students. Applications filed by foster parents and adults acting in loco parentis are not authorized and will be automatically denied or canceled.
C. Duties, Entitlements and Rights of Option Students: Except as otherwise provided herein, once an option student’s option enrollment application has been accepted he/she shall be treated as a resident student of the school district.
D. Standards for Acceptance or Rejection of Option Students:
- Special Education Capacity: Capacity for special education services will be determined on a case-by-case basis. If an application for option enrollment received by the school district indicates that the student has an individualized education program under the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., or has been diagnosed with a disability as defined in section 79-1118.01, the application will be evaluated by the director of special education services or the director’s designee who must determine if the school district and the appropriate class, grade level, or school building has the capacity to provide the applicant the appropriate services and accommodations. The Federal Educational Rights and Privacy Rights Act (FERPA) (20 U.S.C. § 1232g) permits the release of education records when a student seeks or intends to enroll in a different school district.
- Numeric Capacity: The Board of Education may set the numeric capacity of programs, classes, grade levels, or school buildings by operation of this policy or through freestanding action by the board. Numeric Capacity will be determined based upon available staff, facilities, projected enrollment of resident students, and projected number of students with which the option school district will contract based on existing contractual arrangements. Individuals seeking information about the numeric capacity set by the Board may contact the superintendent for a copy of that resolution.
- Programmatic Capacity: In addition to the numeric capacity standards referred to above, the Board may, by resolution, prior to October 15 of each school year, declare a program, a class, or a school unavailable for the next school year to option students due to lack of capacity. Individuals seeking information about the programs that have been declared to be unavailable due to lack of capacity may contact the superintendent for a copy of the board’s resolution.
- Other Standards for Acceptance or Rejection of Option Enrollment Applications: In addition to the numeric and programmatic capacity standards outlined above, the school district shall not accept an option student when acceptance of the student:
- Would increase the operating costs of the school district, such as by requiring the hiring of new staff or contracting with outside entities to provide services to the student;
- Would require the procurement of new equipment, technology, or furnishings;Would cause or require the rearrangement of caseloads for staff and contracted professionals;
- Is reasonably deemed by appropriate school staff to pose a potential risk to the health or safety of students or staff;
- May pose a risk of adversely affecting the quality of educational services being provided to resident students, as determined by appropriate school staff.
- In addition to these standards, the school district may deny or cancel the acceptance of any option enrollment application when the applicant has not provided all necessary information and documentation to initiate or complete the enrollment process.
- Prohibited Standards: The school district shall not base the decision to accept or reject an option student on the student’s previous academic achievement, athletic or other extracurricular ability, disabling condition(s), proficiency in the English language, or previous disciplinary proceedings.
F. Order of Acceptance: If there are more option student applicants for any program, class, grade level or school building than can be accepted into such program, class, grade level or school building, applicants shall be accepted in the following order:
- The student meets criteria for an exception as described in Procedure 5404C.
- At the time of the March 15 application deadline, the approval or denial of such applications will be determined using a lottery system where applications will be assigned a number and numbers will be randomly drawn.
G. Maximum Capacity Report: The school district will annually establish, publish, and report the capacity for each school building under the district’s control pursuant to procedures, criteria, and deadlines established by the Nebraska Department of Education.
H. False or Misleading Option Applications: If, prior to the student’s attendance as an option student, the school district discovers that a previously accepted option application contained false or substantively misleading information, the option application will be rejected.
I. Academic Credits and Graduation: Credits from an accredited institution will be transferred as direct credit. Credits from a non-accredited institution may require further research from the district to determine credit equivalency. Students must be enrolled in the district to receive a diploma.
J. Information Regarding Schools, Programs, Policies and Procedures: The school district, its officers and employees, shall make information about the school district and its schools, programs, policies and procedures available to all interested people.
K. Procedure for Students Optioning Into or Out of the School District:
- The parent or legal guardian of any student desiring to option into or out of the school district shall submit a proper and timely application to the school district and the other affected school district for enrollment during the following and subsequent school years. Any application requiring the approval of the school district shall be deemed submitted when the application is actually received in the school district’s office of student services.
- On or before April 1st, the school district shall notify the parent or legal guardian of any student who has submitted an application to option into the school district and the resident school district, in writing, whether the application is accepted or rejected. If an application is rejected, the reason for such rejection shall be stated in the notification. This written notice shall be sent via certified mail to the address listed on the option application.
L. Late Applications and Requests for Release:
- The Board of Education may refuse a request of a student seeking to option out of the school district when the option application is submitted after March 15th under the following conditions:
a. When the district has already entered into contracts with teaching staff for the following school year;
b. When the district has already contracted for the performance of specific services for the student;
c. When the release of the student would have a negative financial impact or loss of revenue for the district. - The Board of Education will approve late applications to option into the district under the following conditions:
a. When the resident district has released the student;
b. When the acceptance of the student would not have a negative financial impact or loss of revenue for the district.
c. When the student’s late enrollment into the district meets the standards for acceptance or rejection of option students contained elsewhere in this policy;
d. The Board of Education will not approve late applications to option into the district received after the first day of the academic year.
e. The office of Student Services will notify parents or guardians who have submitted properly completed option applications after March 15th no later than 60 days following submission of the application of the Board’s acceptance or rejection of the application.
M. Authority of the Superintendent: The Board of Education authorizes the office of student services to make decisions on its behalf pursuant to this policy and to apply the criteria articulated by this policy in determining whether to grant or deny option enrollment applications.
N. Transportation: Transportation is not provided by the Elkhorn Public Schools, however, students approved for Option Enrollment may be eligible for mileage reimbursement at the state approved rate if they qualify for free lunch according to lunch guidelines, if requested.
O. In-District Transfer: In-District Transfer applies to residents of the District who wish to attend a high school outside of their designated attendance zone. Transportation is not provided. The District will publish available capacity for intra-district transfer by December 15. Class size, staffing, grade-level capacity, building capacity, and enrollment management strategies established by the Board of Education and superintendent are all considered when approving or denying In-District Transfer applications. The Executive Director of Student Services will approve or deny applications pursuant to this policy. Approved In-District Transfer applications may not be used to determine a student’s attendance zone and corresponding school building. A student’s attendance zone and corresponding school is determined on the basis of the zone in which a student’s parent/guardian with primary legal and physical custody resides.
- In-District Transfer Applications
Applications are due by February 1 prior to the school year of intended enrollment. Applications submitted after February 1 will be processed in the order in which they are received. Applications will not be considered after the first day of the school year unless the application meets one or more of the established exceptions.If an In-District Transfer is granted, it shall be issued only once prior to graduation. If a student approved for an In-District Transfer subsequently wishes to return to the school of residence, they are permitted to do so prior to the first day of school. However, the student shall not be issued a second In-District Transfer prior to graduation unless by exceptions to transfer requests permitted.Once an In-District Transfer has been issued, the District will make every effort to allow the student to continue in that building. However, the District reserves the right to re-assign any student under these provisions if enrollment growth in the building makes it necessary to move non-resident students. - Exceptions for In-District Transfer and Option Enrollment Applications
Requests for approval of applications for transfers from building to building, or district to district, that do not meet the approval requirements or capacity limits established for a school building will be considered by the Superintendent or his/her designee as an “Exception” meeting one or more of the following criteria for approval:
– Current Enrollment Exception: In-District Transfer: A student who has been enrolled in a school for a minimum of one semester or the equivalent while residing in that school’s attendance zone, and who subsequently moves to another attendance zone within the school district will be considered for approval for an In-District Transfer. An In-District Transfer application shall be submitted at the time the residency changes. If the student was enrolled for a minimum of one semester or the equivalent, the student may complete the school year in the same building, or the student may attend the school in the new attendance area of the new residence. This exception may not be applied in a building that is considered “Closed.” Buildings are “Closed” if they are at or above architectural or staffing capacity and/or there is substantial potential for growth in that attendance area.
– Option Enrollment: A student who has been enrolled in a school for a minimum of one semester or the equivalent and moves outside of the district may apply for Option Enrollment for the next school year. However, approval is subject to capacity limits. This exception may not be applied in a building that is considered “Closed.” Buildings are “Closed” if they are at or above architectural or staffing capacity and/or there is substantial potential for growth in that attendance area.
– Sibling(s) Exception: An exception may be approved if the student for which the application is submitted will have a sibling in the building during the year for which the student is applying. This exception may be approved even if the grade-level and/or building is at or above capacity.
– Administrative Exception: The superintendent and/or designee may reassign a student to a building or program other than the school to which they are assigned. Such a transfer will be based on reasonable evidence. Such reasons may include, but are not limited to: documented safety concerns, specialized student services, and supportive measures under law and policy. This exception may be approved even if the grade-level and/or building is at/above capacity or considered “Closed.”
– Certified and Administrator Staff Exception: An exception will be considered for the enrollment of children of current certified and administrative staff members who are employed full time (1.0 FTE) by the District and who were not previously selected.
Adopted: October 12, 1992
Revised: November 15, 1993
Revised: December 11, 1995
Revised: September 12, 1996
Revised: April 10, 2006
Revised: March 8, 2010
Revised: January 19, 2019
Revised: December 14, 2020
Revised: April 8, 2024