 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Education
Chapter : SCHOOL ATTENDANCE
|
|
15-801 School year; school month; holidays
A. Except as may be otherwise authorized by the superintendent of public
instruction to accommodate a year-round school operation, an educational program offered
on the basis of a four day school week or an alternative kindergarten program offered on
the basis of a three day school week, the school year shall begin July 1 and end June 30
and a school month is twenty school days, or four weeks of five days each.
B. When July 4, Veterans' Day, December 25 or Thanksgiving Day occurs within the
school week, the schools shall be closed and the compensation of the teachers shall not
be diminished on that account. Governing boards of school districts may declare a recess
during the Christmas holiday season of not to exceed two school weeks and teachers shall
receive compensation during the recess.
15-802.01 Children instructed at home; eligibility to participate in interscholastic activities
A. Notwithstanding any other law, a child who resides within the attendance area of
a public school and who is instructed at home shall be allowed to try out for
interscholastic activities on behalf of the public school in the same manner as a pupil
who is enrolled in that public school. Registration, age eligibility requirements, fees,
insurance, transportation, physical condition, qualifications, responsibilities, event
schedules, standards of behavior and performance policies for home schooled students
shall be consistent with those policies established for students enrolled in that public
school. The individual providing the primary instruction of a child who is instructed at
home shall submit written verification that provides:
1. Whether the student is receiving a passing grade in each course or subject being
taught.
2. Whether the student is maintaining satisfactory progress towards advancement or
promotion.
B. A child who is instructed at home and who was previously enrolled in a school
shall be ineligible to participate in interscholastic activities for the remainder of the
school year during which the child was enrolled in a school.
C. A school district shall not contract with any private entity that supervises
interscholastic activities if the private entity prohibits the participation of children
instructed at home in interscholastic activities at public, private or charter schools.
15-802 School instruction; exceptions; violations; classification; definitions
A. Every child between the ages of six and sixteen years shall attend a school and
shall be provided instruction in at least the subjects of reading, grammar, mathematics,
social studies and science. The person who has custody of the child shall choose a
public, private, charter or home school as defined in this section to provide
instruction.
B. The parent or person who has custody shall do the following:
1. If the child will attend a public, private or charter school, enroll the child
in and ensure that the child attends a public, private or charter school for the full
time school is in session. If a child attends a school which is operated on a year-round
basis the child shall regularly attend during school sessions that total not less than
one hundred seventy-five school days or two hundred school days, as applicable, or the
equivalent as approved by the superintendent of public instruction.
2. If the child will attend a private school or home school, file an affidavit of
intent with the county school superintendent stating that the child is attending a
regularly organized private school or is being provided with instruction in a home
school. The affidavit of intent shall include:
(a) The child's name.
(b) The child's date of birth.
(c) The current address of the school the child is attending.
(d) The names, telephone numbers and addresses of the persons who currently have
custody of the child.
3. If the child will attend home school, the child has not reached eight years of
age by September 1 of the school year and the person who has custody of the child does
not desire to begin home instruction until the child has reached eight years of age, file
an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person
who has custody of the child does not desire to begin home school instruction.
C. An affidavit of intent shall be filed within thirty days from the time the child
begins to attend a private school or home school and is not required thereafter unless
the private school or the home school instruction is terminated and then resumed. The
person who has custody of the child shall notify the county school superintendent within
thirty days of the termination that the child is no longer being instructed at a private
school or a home school. If the private school or home school instruction is resumed,
the person who has custody of the child shall file another affidavit of intent with the
county school superintendent within thirty days.
D. A person is excused from the duties prescribed by subsection A or B of this
section if any of the following are shown to the satisfaction of the school principal or
the school principal's designee:
1. The child is in such physical or mental condition that instruction is
inexpedient or impracticable.
2. The child has completed the high school course of study necessary for completion
of grade ten as prescribed by the state board of education.
3. The child has presented reasons for nonattendance at a public school which are
satisfactory to the school principal or the school principal's designee. For purposes of
this paragraph, the principal's designee may be the school district governing board.
4. The child is over fourteen years of age and is, with the consent of the person
who has custody of him, employed at some lawful wage earning occupation.
5. The child is enrolled in a work training, career education, career and technical
education, vocational education or manual training program which meets the educational
standards established and approved by the department of education.
6. The child was either:
(a) Suspended and not directed to participate in an alternative education program.
(b) Expelled from a public school as provided in article 3 of this chapter.
7. The child is enrolled in an education program provided by a state educational or
other institution.
E. Unless otherwise exempted in this section or section 15-803, a parent of a child
between six and sixteen years of age or a person who has custody of a child, who does not
provide instruction in a home school and who fails to enroll or fails to ensure that the
child attends a public, private or charter school pursuant to this section is guilty of a
class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of
intent to provide instruction in a home school is guilty of a petty offense.
F. For the purposes of this section:
1. "Home school" means a school conducted primarily by the parent, guardian or
other person who has custody of the child or instruction provided in the child's home.
2. "Private school" means a nonpublic institution, other than the child's home,
where academic instruction is provided for at least the same number of days and hours
each year as a public school.
15-803 School attendance; exemptions; definitions
A. It is unlawful for any child between six and sixteen years of age to fail to
attend school during the hours school is in session, unless either:
1. The child is excused pursuant to section 15-802, subsection D or section 15-901,
subsection A, paragraph 6, subdivision (c).
2. The child is accompanied by a parent or a person authorized by a parent.
3. The child is provided with instruction in a home school.
B. A child who is habitually truant or who has excessive absences may be
adjudicated an incorrigible child as defined in section 8-201. Absences may be considered
excessive when the number of absent days exceeds ten per cent of the number of required
attendance days prescribed in section 15-802, subsection B, paragraph 1.
C. As used in this section:
1. "Habitually truant" means a truant child who is truant for at least five school
days within a school year.
2. "Truant" means an unexcused absence for at least one class period during the
day.
3. "Truant child" means a child who is between six and sixteen years of age and who
is not in attendance at a public or private school during the hours that school is in
session, unless excused as provided by this section.
15-804 Attendance officer; appointment; salary
A. The governing board of a school district may appoint an attendance officer for
the school district. The salary of the attendance officer shall be fixed by the
governing board and paid from the funds of the school district.
B. If in the opinion of the governing boards of two or more school districts one
officer will adequately serve such districts, such officer may be appointed by the
districts jointly. His salary may be apportioned as the governing boards provide and
shall be paid from the funds of the school districts.
15-805 Attendance officer; powers and duties
A. The attendance officer may enforce the law relating to:
1. School attendance of children between the ages of six and sixteen years.
2. The provisions of section 15-802, subsection E, and section 15-803.
3. Employment of children between the ages of six and sixteen years.
B. The attendance officer may:
1. Issue a citation to an adult or child who is alleged to be in violation of laws
specified in subsection A of this section to appear before a court of competent
jurisdiction and shall advise the person to whom the citation is issued that failure to
appear at the time and place specified in the citation may result in the issuance of a
warrant for the person's arrest. A citation that is issued to a child under eighteen
years of age shall require the child's parent or person having custody to appear with the
child at the time and place specified in the citation. The attendance officer shall
notify the child's parent or person having custody that the citation was issued and that
the parent or person having custody is required to appear in court with the child and
shall give proof of the notice to the court.
2. Issue a citation on an ARIZONA traffic ticket and complaint form for any
violation of laws specified in subsection A of this section.
3. Report a violation of a law specified in subsection A of this section to the
local law enforcement agency and request an investigation of the violation. The law
enforcement agency shall, when sufficient cause exists, refer the matter for prosecution.
4. Enter all places where children may be employed to investigate and enforce the
law.
15-806 Excuse from school attendance for religious purposes
The governing board of each school district shall adopt a policy governing the
excuse of pupils for religious purposes. The policy may permit a pupil to be excused
from school attendance for religious purposes, including participation in religious
exercises or religious instruction. If the policy permits a pupil to be excused for
religious purposes, the policy shall stipulate the conditions under which the excuse will
be granted. These conditions shall include at least the following:
1. The person who has custody of the pupil has given written consent.
2. Any religious instruction or exercise takes place at a suitable place away from
school property designated by the church or religious denomination or group.
15-807 Absence from school; notification of parent or person having custody of pupil; immunity
A. If a pupil in a kindergarten program or grades one through eight is absent from
school without excuse as provided in this article or without notice to the school in
which the pupil is enrolled of authorization of the absence by the parent or other person
who has custody of the pupil, the school in which the pupil is enrolled, within two hours
after the first class in which the pupil is absent, shall make a reasonable effort to
promptly telephone and notify the parent or other person who has custody of the pupil of
the pupil's absence from school.
B. On or before the enrollment of a pupil in a kindergarten program or grades one
through eight, the school district shall notify parents or other persons who have custody
of a pupil of their responsibility to authorize any absence of the pupil from school and
to notify the school in which the pupil is enrolled in advance or at the time of any
absence and that the school district requires that at least one telephone number, if
available, be given for purposes of this section. The school district shall require that
the telephone number, if available, be given at the time of enrollment of the pupil in
school and that the school of enrollment be promptly notified of any change in the
telephone number.
C. A school district, governing board members of a school district and employees or
agents of a school district are not liable for failure to notify the parent or other
person who has custody of a pupil of the pupil's absence from school as provided in this
section.
15-808 Technology assisted project-based instruction program; report
A. A technology assisted project-based instruction program shall be instituted on a
pilot basis to meet the needs of pupils in the information age. Until June 30, 2003, the
state board of education shall select up to four existing traditional public schools, at
least one of which shall serve pupils in kindergarten programs and grades one through
twelve, and beginning July 1, 2003, the state board of education shall select seven
existing traditional public schools and the state board for charter schools shall select
seven charter schools to participate in the program based on the following criteria:
1. The depth and breadth of curriculum choices.
2. The variety of educational methodologies employed by the school and the means of
addressing the unique needs and learning styles of targeted pupil populations including
computer assisted learning systems, virtual classrooms, virtual laboratories, electronic
field trips, electronic mail, virtual tutoring, on-line help desk, group chat sessions
and noncomputer based activities performed under the direction of a certificated teacher.
3. The availability of an intranet or private network to safeguard pupils against
predatory and pornographic elements of the internet.
4. The availability of filtered research access to the internet.
5. The availability of private individual electronic mail between pupils, teachers,
administrators and parents in order to protect the confidentiality of pupil records and
information.
6. The availability of broadcast quality television production and editing
facilities on campus.
7. The availability of faculty members who are experienced in broadcast television
production.
8. The availability of faculty members who are experienced with computer networks,
the internet and computer animation.
9. The extent to which the school intends to develop partnerships with
universities, community colleges and private businesses.
10. The services offered to developmentally disabled populations.
11. The grade levels that will be served by the program.
B. Notwithstanding subsection A of this section, any school that was previously
approved to participate is required to reapply every five years for participation in the
program. The state board of education and the state board for charter schools shall
review the effectiveness of each participating school and other information that is
contained in the annual report prescribed in subsection C of this section to determine
whether to renew a school's participation in the technology assisted project-based
instruction program. At least eighty per cent of the pupils who are accepted each
academic school year in each school participating in the program must have been
previously enrolled in and attended a public school in the previous school year.
Kindergarten pupils shall not participate in the technology assisted project-based
instruction program, except that a kindergarten pupil may participate in the program if
the pupil has a sibling who is currently enrolled in and attending the program. Pupils
who participate in the program are subject to the testing requirements prescribed in
chapter 7, article 3 of this title. Upon enrollment, the school shall notify the parents
or guardians of the pupil of the state testing requirements. If a pupil fails to comply
with the testing requirements and the school administers the tests pursuant to this
subsection to less than ninety-five per cent of the pupils in the program, the pupil
shall not be allowed to participate in the program.
C. Each school selected by the state board of education to participate in the
technology assisted project-based instruction program shall submit an annual report to
the state board of education and the joint legislative budget committee. The state board
of education and the state board for charter schools shall collaborate to develop a
uniform reporting format to be used by all schools that participate in the program.
Beginning July 1, 2003, each school selected by the state board for charter schools to
participate in the technology assisted project-based instruction program shall submit an
annual report to the state board for charter schools and the joint legislative budget
committee. The reports shall be submitted by August 1 and shall include the following
information:
1. A description of the educational services that are offered under the program and
that specifically relate to the depth and breadth of the curriculum choices offered by
the school.
2. A description of the effects of media and technology on the delivery of specific
educational services to specific pupil populations.
3. Academic advancement as measured in grade level equivalents each academic year
based on a standardized norm-referenced achievement test.
4. Data identified by the state board of education or the state board for charter
schools, as appropriate, that compares the academic performance of pupils who participate
in the technology assisted project-based instruction program with other pupils in this
state and with pupils in that school who do not participate in the technology assisted
project-based instruction program.
5. The results of a survey of pupil satisfaction with the program, including:
(a) Pupils' attitudes about delivery modalities employed by the school.
(b) Changes in pupils' attitudes toward learning in general.
(c) Changes in pupils' attitudes about their own ability to learn and about their
own academic progress.
(d) Pupils' attitudes about the school they attend.
6. The results of a survey of parental satisfaction with the program, including:
(a) Parents' and their children's attitudes about the delivery modalities employed
by the school.
(b) Changes in their children's attitudes about learning in general.
(c) Changes in their children's attitudes about their ability to learn and about
their academic progress.
(d) Parents' and their children's attitudes about the school that the child
attends.
7. A description of the availability and equitable distribution of educational
services provided under the program including specific descriptions of the effectiveness
of technology tools and modalities used to address the needs of any underserved
populations targeted by the school.
8. A description of the operational and administrative efficiency of the program.
9. A description of the cost-effectiveness of the program.
D. The state board of education and joint legislative budget committee shall
collaboratively compile and evaluate the information submitted in the annual reports by
schools participating in the pilot program, pursuant to subsection C of this section.
The state board of education and the joint legislative budget committee shall report
their findings to the governor, the speaker of the house of representatives and the
president of the senate by November 15 of each year.
E. Each school selected for the technology assisted project-based instruction
program shall ensure that a daily log is maintained for each pupil who participates in
the program. The daily log shall describe the amount of time spent by each pupil
participating in the program pursuant to this section on academic tasks. The daily log
shall be used by the school district or charter school to qualify the pupils who
participate in the program in the school's average daily attendance calculations pursuant
to section 15-901.
F. If a pupil is enrolled in a school district or charter school and also
participates in the technology assisted project-based instruction program, the sum of the
average daily membership, which includes enrollment as prescribed in section 15-901,
subsection A, paragraph 2, subdivisions (a) and (b) and daily attendance as prescribed in
section 15-901, subsection A, paragraph 6, for that pupil in the school district or
charter school and in the technology assisted project-based instruction program shall not
exceed 1.0. If the pupil is enrolled in a school district or a charter school and also
participates in the technology assisted project-based instruction program and the sum of
the daily membership or daily attendance for that pupil is greater than 1.0, the sum
shall be reduced to 1.0 and shall be apportioned between the school district or charter
school and the technology assisted project-based instruction program based on the
percentage of total time that the pupil is enrolled or in attendance in the school
district or charter school and the technology assisted project-based instruction program.
The uniform system of financial records shall include guidelines for the apportionment of
the pupil enrollment and attendance as provided in this subsection.
G. If at any time the superintendent of public instruction determines that a school
district that was previously admitted to the technology assisted project-based
instruction program is not meeting the criteria prescribed in subsection A of this
section, the superintendent of public instruction may recommend that the state board of
education replace that school district with a school district of the superintendent of
public instruction's choice that meets the criteria prescribed in subsection A of this
section. The state board of education shall consider and take formal action on the
superintendent of public instruction's recommendation.
H. The enrollment of pupils that participate in the technology assisted
project-based instruction program in each school that was previously approved to
participate in the program shall not grow more than one hundred per cent in any fiscal
year.
I. If the academic achievement of a pupil declines while the pupil is participating
in the technology assisted project-based instruction program, the pupil's parents, the
pupil's teachers and the principal or head teacher of the school shall confer to evaluate
whether the pupil should be allowed to continue to participate in the program. 15-809 AIMS intervention and dropout prevention program; program termination; definitions
A. The department of education shall establish an AIMS intervention and dropout
prevention program. The department of education shall develop application procedures,
selection criteria and minimum performance standards for service providers that wish to
participate in the program. Service providers that receive monies to participate in the
program shall demonstrate that their dropout prevention program is offered in the public
schools in this state and meets all of the following requirements:
1. Serves at-risk pupils in grade nine, ten, eleven or twelve.
2. Serves pupils who both:
(a) Are most likely to drop out of high school without graduating.
(b) Have documented academic, personal or vocational barriers to success in high
school and the workplace.
3. Consists of all of the following for each participating pupil:
(a) At least nine consecutive months of academic support, including tutoring and
remediation, to ensure that participating pupils meet the academic standards adopted by
the state board of education.
(b) Comprehensive instruction on ARIZONA workplace skills adopted by the state board
of education.
(c) Instruction on leadership and civic duty.
4. Requires pupils who participate in the program to earn credits toward graduation
from high school. Pupils who participate in the program shall perform volunteer
activities or community service or shall be engaged in employment during summer vacation
periods. Each pupil who participates in the program shall continue to participate in the
program for twelve months after graduation from high school during which the service
provider shall provide follow-up assistance that is designed to assist the pupil's
transition to postsecondary education, vocational or job training, military service or
employment. A participating school district may develop a dual credit course program in
order to meet the requirements of this paragraph.
B. The service providers selected to participate in the AIMS intervention and
dropout prevention program shall annually report at least the following information to
the department of education:
1. The percentage of pupils who participate in the program and who graduate from
high school or obtain a general equivalency degree on or within twelve months after the
scheduled graduation date for the pupil's classmates.
2. The percentage of pupils who participate in the program, who graduate from high
school or obtain a general equivalency degree and who begin participation in
postsecondary education, employment, vocational or job training or military service
within twelve months after the scheduled graduation date for the pupil's classmates.
3. The percentage of pupils who participate in the program and who are either
enrolled full time at a postsecondary education institution, employed full time, enrolled
in a full-time vocational or job training program or on active duty in the armed forces
of the United States, or any combination of these activities that in totality amounts to
full-time activity, within twelve months after the scheduled graduation date for the
pupil's classmates.
4. The percentage of pupils who participate in the program and who pass each AIMS
component.
C. The department of education shall contract with a private entity to conduct an
annual performance audit of the AIMS intervention and dropout prevention program.
D. Beginning in 2001, the department of education shall submit an annual report
concerning the AIMS intervention and dropout prevention program to the governor, the
president of the senate and the speaker of the house of representatives by December 15
that includes an evaluation of the effectiveness of the program. The department of
education shall provide a copy of the report to the secretary of state and the director
of the department of library, archives and public records.
E. The program established by this section ends on July 1, 2010, pursuant to
section 41-3102.
F. For purposes of this section:
1. "AIMS" means the ARIZONA instrument to measure standards test prescribed in
section 15-741.
2. "Service providers" means all of the following:
(a) Public agencies, including schools and school districts, that have demonstrated
documented success in delivering dropout prevention services as prescribed in this
section.
(b) Private entities that are certified by the department of education and that have
demonstrated documented success in delivering dropout prevention services as prescribed
in this section.
15-816.01 Enrollment policies
A. School district governing boards shall establish policies and shall implement an
open enrollment policy without charging tuition. Tuition may be charged to nonresident
pupils only when the tuition is authorized under section 15-764, subsection C, section
15-797, subsection C, section 15-823, subsection A, section 15-824, subsection A or
section 15-825. These policies shall include admission criteria, application procedures
and transportation provisions. A copy of the district policies for open enrollment shall
be filed with the department of education.
B. The governing board of the district educating the pupil may provide
transportation limited to no more than twenty miles each way to and from the school of
attendance or to and from a pickup point on a regular transportation route or for the
total miles traveled each day to an adjacent district for eligible nonresident pupils who
meet the economic eligibility requirements established under the national school lunch
and child nutrition acts (42 United States Code sections 1751 through 1785) for free or
reduced price lunches.
C. The governing board of the district educating the pupil shall provide
transportation limited to no more than twenty miles each way to and from the school of
attendance or to and from a pickup point on a regular transportation route or for the
total miles traveled each day to an adjacent district for nonresident pupils with
disabilities whose individualized education program specifies that transportation is
necessary for fulfillment of the program. 15-816.02 Desegregation provisions
A school shall admit pupils who reside in the attendance area of a school that is
under a court order of desegregation or that is a party to an agreement with the United
States department of education office for civil rights directed toward remediating
alleged or proven racial discrimination unless notice is received from the resident
school that the admission would violate the court order or agreement. If a school admits
a pupil after notice is received that the admission would constitute such a violation,
the school's district is not allowed to include in its student count the pupils
wrongfully admitted. A school shall not be required to admit nonresident or resident
transfer pupils if the admission would violate the provisions of the court order or
agreement.
15-816.07 District and school immunity
A school district and its employees are immune from civil liability for decisions
that concern the acceptance or rejection of a nonresident pupil for enrollment and that
are based on a good faith application of the requirements of this article and the
standards adopted pursuant to this article.
15-816 Definitions
In this article, unless the context otherwise requires:
1. "Nonresident pupil" means a pupil who resides in this state and who is enrolled
in or is seeking enrollment in a school district other than the school district in which
the pupil resides.
2. "Open enrollment" means a policy adopted and implemented by a school district
governing board to allow resident transfer pupils to enroll in any school within the
school district, to allow resident pupils to enroll in any school located within other
school districts in this state and to allow nonresident pupils to enroll in any school
within the district pursuant to section 15-816.01.
3. "Resident school" means a school within the designated attendance area in which
a pupil resides.
4. "Resident transfer pupil" means a resident pupil who is enrolled in or seeking
enrollment in a school that is within the school district but outside the attendance area
of the pupil's residence.
15-821 Admission of children; required age
A. Unless otherwise provided by article 1.1 of this chapter or by any other law,
all schools shall admit children between the ages of six and twenty-one years who reside
in the school district and who meet the requirements for enrollment in one of the grades
or programs offered in the school.
B. If a preschool program for children with disabilities is maintained, a child is
eligible for admission as prescribed in section 15-771.
C. If a kindergarten program is maintained, a child is eligible for admission to
kindergarten if the child is five years of age. A child is deemed five years of age if
the child reaches the age of five before September 1 of the current school year. A child
is eligible for admission to first grade if the child is six years of age. A child is
deemed six years of age if the child reaches the age of six before September 1 of the
current school year. The governing board may admit children who have not reached the
required age as prescribed by this subsection if it is determined to be in the best
interest of the children. For children entering the first grade, such determination
shall be based upon one or more consultations with the parent, parents, guardian or
guardians, the children, the teacher and the school principal. Such children must reach
the required age of five for kindergarten and six for first grade by January 1 of the
current school year.
D. Notwithstanding any other law, a child who resides with a family member other
than the child's parent and is residing with the family member while awaiting the outcome
of a legal guardianship or custody proceeding is deemed to reside in the school district
where that family member resides if the family member provides written documentary proof
of one of the following:
1. The family member is attempting to obtain legal guardianship of the child in an
unresolved and uncontested guardianship proceeding commenced in superior court. The
family member shall provide documentation to the school district within thirty days of
enrollment that the family member is attempting to obtain legal guardianship of the
child. Upon obtaining legal guardianship, the family member shall provide documentation
to the school district.
2. The family member is attempting to obtain custody of the child in an unresolved
and uncontested child custody proceeding commenced in superior court. The family member
shall provide documentation to the school district within thirty days of enrollment that
the family member is attempting to obtain custody of the child. Upon obtaining custody,
the family member shall provide documentation to the school district.
15-823 Admission; residents of other school districts; nonresidents of this state; tuition
A. Except as provided in subsections B, C, D and E of this section, children of
nonresidents of this state may be admitted upon payment of a reasonable tuition fixed by
the governing board.
B. The governing board shall admit children of nonresident teaching and research
faculty of community college districts and state universities and children of nonresident
graduate or undergraduate students of community college districts and state universities
whose parent's presence at the district or university is of international, national,
state or local benefit without payment of tuition.
C. The governing board shall admit children who are residents of the United States
but are nonresidents of this state without payment of tuition if evidence indicates that
the child's physical, mental, moral or emotional health is best served by placement with
a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident
within the school district, unless the governing board determines that the placement is
solely for the purpose of obtaining an education in this state without payment of
tuition.
D. The governing board may admit nonresident foreign students who are in exchange
programs without payment of tuition or as it may otherwise prescribe.
E. The governing board may admit children who are residents of the United States
without payment of tuition if evidence indicates that because the parents are homeless or
the child is abandoned, as defined in section 8-201, the child's physical, mental, moral
or emotional health is best served by placement with a person who does not have legal
custody of the child and who is a resident within the school district, unless the
governing board determines that the placement is solely for the purpose of obtaining an
education in this state without payment of tuition.
F. Children admitted under this section shall be counted or not counted as resident
pupils as prescribed in section 15-824, subsection D.
15-824 Admission of pupils of other school districts; homeless children; tuition charges; definitions
A. The governing board of a school district shall admit pupils from another school
district or area as follows:
1. Upon the presentation of a certificate of educational convenience issued by the
county school superintendent pursuant to section 15-825.
2. For three hundred fifty or fewer pupils, to a high school without the
presentation of such certificate, if the pupil is a resident of a common school district
within this state which is not within a high school district and which does not offer
instruction in the pupil's grade. The three hundred fifty or fewer pupil limitation
prescribed in this paragraph does not apply to a small isolated school district as
defined in section 15-901. Tuition shall be charged as prescribed in subsection E of this
section for each pupil admitted pursuant to this paragraph, each pupil from a school
district that provides only financing for pupils who are instructed by another school
district and each pupil from a unified district that does not offer instruction in the
pupil's grade. The school membership of such pupils is deemed, for the purpose of
determining student count and for apportionment of state aid, to be enrollment in the
school district of the pupil's residence.
B. The residence of the person having legal custody of the pupil is considered the
residence of the pupil, except as provided in subsection C of this section and in section
15-825, subsection B.
C. The current residence of a homeless pupil who does not reside with the person
having legal custody of the pupil is considered to be the residence of the homeless pupil
if the person having legal custody of the pupil is a resident of the United States. For
the purposes of this subsection, "homeless pupil" means a pupil who has a primary
residence that is:
1. A supervised publicly or privately operated shelter designed to provide
temporary living accommodations.
2. An institution that provides a temporary residence for individuals intended to
be institutionalized.
3. A public or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
D. The school enrollment of a pupil who is a resident of this state or who is
admitted to a school district under section 15-823, subsection B, C or E is deemed, for
the purpose of determining student count and for apportionment of state aid, to be
enrollment in the school district of actual attendance, except as provided in section
15-825, subsection A, paragraph 1 and subsection A, paragraph 2 of this section and
except for pupils for whom the superintendent of public instruction is charged tuition
pursuant to section 15-825, subsections B and D and section 15-976 or for whom another
school district is charged tuition as provided in subsections E and G of this section.
E. If tuition is required to be charged for pupils attending school in a school
district other than that of their residence, the tuition shall be determined and paid in
the following manner:
1. The number of high school pupils for which tuition may be charged to a common
school district which is not within a high school district is equal to the average daily
membership in the district of attendance from the common school district for the prior
fiscal year, except that for the first year in which a common school district not within
a high school district stops teaching high school subjects, the district of attendance
may charge tuition for the number of pupils which is equal to the average daily
membership for high school pupils in the common school district for the prior fiscal
year. This number may be adjusted if the common school district increases its revenue
control limit and district support level or recomputes its revenue control limit as
provided in section 15-948.
2. The tuition for pupils attending school in a school district other than that of
their residence, except pupils provided for by section 15-825, subsections B and D and
any pupils included in the definition of child with a disability in section 15-761, shall
not exceed the cost per student count of the school district attended, as determined for
the current school year. Tuition for pupils included in the definition of child with a
disability in section 15-761 shall not exceed the actual cost of the school attended for
each pupil as determined for the current year. The school district of attendance shall
not include in the cost per student count a charge for transportation if no
transportation is provided, and the charge for transportation shall not exceed the actual
costs of providing transportation for the pupils served, as prescribed in the uniform
system of financial records. The school district of attendance shall provide the school
district of residence with the final tuition charge for the current year and with an
estimate of the budget year's tuition charge by May 1 of the current year. The school
district of residence shall pay at least one-fourth of the total amount of the estimated
tuition by September 30, December 31 and March 31, and it shall pay the remaining amount
it owes after adjustments are made by June 30.
3. Tuition of pupils as provided in section 15-825, subsection D shall not exceed
the excess costs for group B children with disabilities in the cost study prescribed in
section 15-236 minus the amount generated by the equalization base as determined in
section 15-971, subsection A for these pupils. A school district may submit to the
superintendent of public instruction a record of actual excess costs to educate a group B
child with a disability if the costs are higher than the calculated excess costs or if a
pupil has been placed in a private school for special education services. The
superintendent shall determine if the additional costs will be paid, and if the costs are
paid, whether the additional costs will be paid by the state or the resident district.
4. The amount received representing contributions to capital outlay as provided in
subsection G, paragraph 1, subdivision (b) of this section shall be applied to the
capital outlay fund or the debt service fund of the school district.
5. The amount received representing contributions to debt service as provided in
subsection G, paragraph 1, subdivisions (c) and (d) of this section shall be applied to
the debt service fund of the school district if there is one. Otherwise such amount shall
be credited to the capital outlay fund of the school district.
F. A school district may submit to the superintendent of public instruction a
record of actual costs paid by the school district to educate a pupil who qualifies for a
certificate of educational convenience under section 15-825, subsection B. If the actual
costs for that pupil exceed the costs per student count computed pursuant to subsection G
of this section, the superintendent of public instruction shall reimburse the school
district for these additional costs subject to legislative appropriation.
G. For the purposes of this section:
1. "Costs per student count" means the sum of the following for the common or high
school portion of the school district attended, whichever is applicable to the pupil
involved, as prescribed in the uniform system of financial records:
(a) The actual school district expenditures for the regular education program
subsection of the maintenance and operation section of the budget divided by the school
district's student count for the common or high school portion of the school district,
whichever is applicable.
(b) The actual school district expenditures for the capital outlay section of the
budget as provided in sections 15-903 and 15-905 excluding expenditures for
transportation equipment and buildings if no transportation is provided and expenditures
for the acquisition of building sites, divided by the school district's student count for
the common or high school portion of the school district, whichever is applicable.
(c) The actual school district expenditures for debt service divided by the
school district's student count for the common or high school portion of the school
district, whichever is applicable.
(d) The result obtained in subdivision (c) of this paragraph shall not exceed:
(i) Seven hundred fifty dollars if the pupil's school district of residence pays
tuition for seven hundred fifty or fewer pupils to other school districts or one hundred
fifty dollars if the state pays tuition for seven hundred fifty or fewer pupils to a
school district pursuant to section 15-825, subsection D or section 15-976.
(ii) Eight hundred dollars if the pupil's school district of residence pays tuition
for one thousand or fewer, but more than seven hundred fifty, pupils to other school
districts or two hundred dollars if the state pays tuition for one thousand or fewer, but
more than seven hundred fifty, pupils to a school district pursuant to section 15-825,
subsection D or section 15-976.
(iii) The actual cost per student count if either the pupil's school district of
residence or the state pays tuition for more than one thousand pupils to other school
districts.
2. "Legal custody" means:
(a) Custody exercised by the natural or adoptive parents with whom a pupil resides.
(b) Custody granted by order of a court of competent jurisdiction to a person or
persons with whom a pupil resides unless the primary purpose for which custody was
requested was to circumvent the payment of tuition as provided in this section.
15-825.01 Certificates of educational convenience; pupils attending out-of-state schools
A. A school district is eligible to receive payment from state school monies for
excess tuition if the following conditions are met:
1. The county school superintendent issues a certificate of educational convenience
pursuant to section 15-825, subsection A, for one or more pupils who reside in the
district to attend a school in an adjacent state which is proximate to the school
district when the pupils are precluded by distance or lack of adequate transportation
facilities from attending a school in the school district or county of the pupils'
residence.
2. The superintendent of public instruction determines that the development of an
interstate compact with another state or an intergovernmental agreement between the
sending and receiving school districts, which provides for tuition-free attendance in the
receiving district, is impracticable or not in the best interests of this state.
3. The total amount of tuition charged by the receiving district is greater than
the equalization base amount as determined by section 15-971, subsection A, for all of
the pupils for whom tuition is being paid pursuant to paragraph 1 of this subsection.
B. The excess tuition payment shall be calculated as follows:
1. Determine the amount of tuition being charged by the receiving district for
pupils attending the district pursuant to subsection A, paragraph 1 of this section.
2. Determine the lesser of the amount determined in paragraph 1 of this subsection
or the guaranteed tuition level. The guaranteed tuition level for the receiving district
shall be determined for the tuitioned pupils by the department of education based upon
the receiving state's school finance formula or the actual costs of educating pupils in
the receiving district, whichever is appropriate.
3. Subtract the equalization base amount as provided in subsection A, paragraph 3
of this section, from the amount determined in paragraph 2 of this subsection.
C. The excess tuition payment is exempt from the revenue control limit as provided
in section 15-947.
15-825.02 Certificates of educational convenience; cap; unorganized territory
A. If the annual number of certificates of educational convenience or students
attending through open enrollment into an adjacent school district from a single
unorganized territory exceeds one hundred fifty, the superintendent of public instruction
shall notify the county school superintendent and the county school superintendent shall
notify the residents of the unorganized territory that the residents' children no longer
qualify for certificates of educational convenience or open enrollment and that the
residents are required to organize into their own school district or an adjoining unified
school district.
B. The superintendent of public instruction shall notify the county school
superintendent that the conditions prescribed in subsection A have occurred and the
county school superintendent shall prepare a ballot question to be voted on by the
residents of the unorganized territory at the next general election to determine whether
to form a new unified school district or join an adjacent existing school district.
C. Students attending an adjacent existing school district through open enrollment
or through certificates of educational convenience that were approved before notification
by the superintendent of public instruction pursuant to subsection B may continue
enrollment in that existing school district until the unorganized territory becomes or
joins a school district.
D. If the residents of the unorganized territory vote to form a new unified school
district:
1. Notwithstanding any other law, the newly formed unified school district is not
entitled to receive any monies for elementary school facilities from the school
facilities board until the district's student count in kindergarten programs and grades
one through eight exceeds five hundred ninety-nine.
2. Notwithstanding any other law, the newly formed unified school district is not
entitled to receive any monies for high school facilities from the school facilities
board until the district's student count in grades nine through twelve exceeds five
hundred ninety-nine.
3. Until the newly formed unified school district's student count in kindergarten
programs and grades one through eight reaches six hundred, each pupil in kindergarten
programs and grades one through eight who resides in the newly formed unified school
district shall be enrolled in a school district that provides instruction in that pupil's
grade and that has sufficient capacity to enroll nonresident pupils. The newly formed
unified school district shall be responsible for transportation costs incurred pursuant
to this paragraph.
4. Until the newly formed unified school district's student count in grades nine
through twelve reaches six hundred, each pupil in grades nine through twelve who resides
in the newly formed unified school district shall be enrolled in a school district that
provides instruction in that pupil's grade and that has sufficient capacity to enroll
nonresident pupils. The newly formed unified school district shall be responsible for
transportation costs incurred pursuant to this paragraph. 15-825 Certificate of educational convenience; issuance; effect on enrollment records
A. A pupil who is precluded by distance or lack of adequate transportation
facilities from attending a school in the school district or county of the pupil's
residence or who resides in unorganized territory may apply to the county school
superintendent for a certificate of educational convenience. If it appears to the county
school superintendent that it is not feasible for the pupil to attend a school in the
school district or county of residence, the county school superintendent shall issue a
certificate authorizing the pupil to attend a school in an adjoining school district or
county, whether within or without this state. If a certificate of educational convenience
is issued as provided in this subsection, the school enrollment of a pupil is as follows:
1. The school enrollment of a pupil who is precluded from attending a school in
this state and who must attend school in another state, when certified to the county
school superintendent by the official in charge of the school attended, is deemed for the
purpose of determining student count to be enrollment in the school of the county or
school district of the student's residence.
2. The school enrollment of a pupil from unorganized territory or from another
school district is deemed for the purpose of determining student count to be enrollment
in the school district of actual attendance.
B. The county school superintendent of any county in which a pupil is placed as
described in this subsection shall issue a certificate of educational convenience for the
pupil to attend school in the school district or adjoining school district to that in
which the pupil is placed by an agency of this state or a state or federal court of
competent jurisdiction in one of the following:
1. A state rehabilitation or corrective institution.
2. A foster home or child care agency or institution which is licensed and
supervised by the department of economic security or the department of health services.
3. A residential facility operated or supported by the department of economic
security or the department of health services.
4. Under the supervision of the department of juvenile corrections in a residence
pursuant to the interstate compact on juveniles. Notwithstanding section 41-1959, the
placing agency, department or institution shall provide the school district of attendance
with the necessary information to enable the district to obtain a certificate of
educational convenience pursuant to this subsection.
C. A pupil attending school under a certificate of educational convenience issued
pursuant to subsection B of this section is deemed for the purpose of determining student
count to be enrolled in the school district of attendance. The county school
superintendent of any county shall not issue a certificate of educational convenience as
provided in subsection B of this section if the pupil is placed in the same district of
his parents' or legal guardians' residence or if the pupil is placed without a court
order and his parents or legal guardians are not residents of this state.
D. If a certificate of educational convenience is issued as provided in subsection
B of this section, or for a pupil whose parent or guardian is employed and domiciled by a
state institution as prescribed by section 15-976, tuition may be charged as follows:
1. For group B children with disabilities:
(a) Who are from unorganized territory, whose parent or guardian is employed by a
state institution as prescribed by section 15-976 or who have been issued a certificate
of educational convenience pursuant to subsection B of this section, the superintendent
of public instruction shall reimburse the district of attendance for the excess costs
as provided in section 15-824, subsection E, paragraph 3.
(b) Who are from another school district, the school district of residence shall
reimburse the district of attendance for the excess costs as provided in section 15-824,
subsection E, paragraph 3.
2. For pupils who are precluded from attending a school in this state and who must
attend a school in another state:
(a) If the pupil resides in a school district in this state, the district of
residence shall pay the amount charged by the district of attendance.
(b) If the pupil resides in unorganized territory, the superintendent of public
instruction shall pay the amount charged by the district of attendance.
E. The county school superintendent who issues a certificate of educational
convenience shall notify the superintendent of public instruction of the issuance of the
certificate. The superintendent of public instruction shall draw a warrant in favor of
the school district of actual attendance for the amount charged, whether for common or
high school attendance, as provided in section 15-824.
F. The total amount of state monies that may be spent in any fiscal year by the
superintendent of public instruction for certificates of educational convenience shall
not exceed the amount appropriated or authorized by section 35-173 for that
purpose. This section shall not be construed to impose a duty on an officer, agent or
employee of this state to discharge a responsibility or to create any right in a person
or group if the discharge or right would require an expenditure of state monies in excess
of the expenditure authorized by legislative appropriation for that specific purpose.
15-826 Education of children to whom school inaccessible
The county school superintendent, with the consent of the board of supervisors, may
allow on his warrant an amount not to exceed ten dollars per school month per pupil
toward the education of children of compulsory school age living at such a distance or
inaccessible place that compulsory attendance is impracticable. The monies may be used
by the county school superintendent as he deems best for the interest of the pupil and
shall be paid from the reserve fund of the county.
15-827 Presentation of withdrawal form
A. A pupil who enters a school shall present to the principal of the school a
properly executed withdrawal form if such pupil previously attended another school in
this state.
B. The withdrawal form prescribed by subsection A shall be prepared and distributed
by the office of the superintendent of public instruction. The withdrawal form shall in
addition to any other data required by the superintendent of public instruction contain
space for the reason for withdrawal and the signature of an official of the school from
which the pupil has withdrawn.
15-828 Birth certificate; school records; exception
A. On enrollment of a pupil for the first time in a particular school district or
private school offering instruction to pupils in any kindergarten programs or grades one
through twelve, that school or school district shall notify the person enrolling the
pupil in writing that within thirty days the person must provide one of the following:
1. A certified copy of the pupil's birth certificate.
2. Other reliable proof of the pupil's identity and age, including the pupil's
baptismal certificate, an application for a social security number or original school
registration records and an affidavit explaining the inability to provide a copy of the
birth certificate.
3. A letter from the authorized representative of an agency having custody of the
pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the
custody of the agency as prescribed by law.
B. If a child is instructed at home pursuant to section 15-802, the person who has
custody of the child shall, within thirty days after the home instruction begins, provide
to the county school superintendent of the county in which the child resides one of the
following:
1. A certified copy of the child's birth certificate.
2. Other reliable proof of the child's identity and age, including the child's
baptismal certificate, an application for a social security number or original school
registration records and an affidavit explaining the inability to provide a copy of the
birth certificate.
3. A letter from the authorized representative of an agency having custody of the
pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the
custody of the agency as prescribed by law.
C. On presentation of a document pursuant to this section, a photocopy of the
document shall be placed in the pupil's file and the document that is presented shall be
returned.
D. On the failure of a person enrolling a pupil or instructing a child at home to
comply with subsection A or B of this section, the school, school district or county
school superintendent shall notify that person in writing that, unless the person
complies within ten days, the case shall be referred to the local law enforcement agency
for investigation. If compliance is not obtained within the ten day period, the school,
school district or county school superintendent shall refer the case to the local law
enforcement agency.
E. The school, school district or county school superintendent shall immediately
report to the local law enforcement agency any affidavit received pursuant to this
section which appears inaccurate or suspicious in form or content.
F. Within five school days after enrolling a transfer pupil from a private school
or another school district, a school shall request directly from the pupil's previous
school a certified copy of the pupil's record. The requesting school shall exercise due
diligence in obtaining the copy of the record requested. Notwithstanding any financial
debt owed by the pupil, any school requested to forward a copy of a transferring pupil's
record to the new school shall comply and forward the record within ten school days after
receipt of the request unless the record has been flagged pursuant to section 15-829. If
the record has been flagged, the requested school shall not forward the copy and shall
notify the local law enforcement agency of the request. School districts shall include in
the educational records required by this subsection data collected pursuant to sections
15-741 and 15-766, as prescribed by the state board of education.
G. Any disclosure of educational records by the school district or charter school
shall comply with the family educational rights and privacy act of 1974 (20 United States
Code section 1232g).
H. The provisions of this section do not apply to homeless pupils as defined in
section 15-824, subsection C.
15-829 Missing child; notification of school; flagging records; definitions
A. When a child is reported missing by a parent or guardian, the law enforcement
agency receiving the report shall notify as soon as is appropriate the school the child
was attending, if any, or the county school superintendent if the child was being
instructed at home. The notification shall include all of the following:
1. The missing child's name.
2. The missing child's date of birth.
3. The missing child's county and state of birth.
4. The missing child's social security number, if any.
5. The physical description of the missing child.
B. When a school is notified pursuant to subsection A that a child is missing, the
school shall flag the records of the child. If a copy of or information regarding the
records is requested the school shall immediately report the request concerning the
flagged records to a local law enforcement agency.
C. The law enforcement agency receiving the report shall notify the school or
county school superintendent if the missing child is recovered and the school or county
school superintendent shall remove the flag on the records.
D. For purposes of this section:
1. "Flag" means to mark or identify as pertaining to a missing child, or an
indication identifying an item as pertaining to a missing child.
2. "Missing child" means a person who is under the age of eighteen years, whose
temporary or permanent residence is in this state or is believed to be in this state,
whose location has not been determined and who has been reported as missing to a law
enforcement agency.
15-840 Definitions
In this article, unless the context otherwise requires:
1. "Expulsion" means the permanent withdrawal of the privilege of attending a
school unless the governing board reinstates the privilege of attending the school.
2. "Suspension" means the temporary withdrawal of the privilege of attending a
school for a specified period of time.
15-841 Responsibilities of pupils; expulsion; alternative education programs; community service; placement review committee
A. Pupils shall comply with the rules, pursue the required course of study and
submit to the authority of the teachers, the administrators and the governing board. A
teacher may send a pupil to the principal's office in order to maintain effective
discipline in the classroom. If a pupil is sent to the principal's office pursuant to
this subsection, the principal shall employ appropriate discipline management
techniques that are consistent with rules adopted by the school district governing
board. A teacher may remove a pupil from the classroom if either of the following
conditions exists:
1. The teacher has documented that the pupil has repeatedly interfered with the
teacher's ability to communicate effectively with the other pupils in the classroom or
with the ability of the other pupils to learn.
2. The teacher has determined that the pupil's behavior is so unruly, disruptive
or abusive that it seriously interferes with the teacher's ability to communicate
effectively with the other pupils in the classroom or with the ability of the other
pupils to learn.
B. A pupil may be expelled for continued open defiance of authority, continued
disruptive or disorderly behavior, violent behavior that includes use or display of a
dangerous instrument or a deadly weapon as defined in section 13-105, use or possession
of a gun, or excessive absenteeism. A pupil may be expelled for excessive absenteeism
only if the pupil has reached the age or completed the grade after which school
attendance is not required as prescribed in section 15-802. A school district may expel
pupils for actions other than those listed in this subsection as the school district
deems appropriate.
C. A school district may refuse to admit any pupil who has been expelled from
another educational institution or who is in the process of being expelled from another
educational institution.
D. A school district may annually or upon the request of any pupil or the parent
or guardian review the reasons for expulsion and consider readmission.
E. As an alternative to suspension or expulsion, the school district may reassign
any pupil to an alternative education program if the pupil does not meet the
requirements for participation in the alternative to suspension program prescribed in
subsection H of this section and if good cause exists for expulsion or for a long-term
suspension.
F. A school district may also reassign a pupil to an alternative educational
program if the pupil refuses to comply with rules, refuses to pursue the required
course of study or refuses to submit to the authority of teachers, administrators or
the governing board.
G. A school district or charter school shall expel from school for a period of
not less than one year a pupil who is determined to have brought a firearm to a school
within the jurisdiction of the school district or the charter school, except that the
school district or charter school may modify this expulsion requirement for a pupil on
a case by case basis. This subsection shall be construed consistently with the
requirements of the individuals with disabilities education act (20 United States Code
sections 1400 through 1420). For the purposes of this subsection:
1. "Expel" may include removing a pupil from a regular school setting and
providing educational services in an alternative setting.
2. "Firearm" means a firearm as defined in 18 United States Code section 921.
H. A school district or charter school shall expel from school for at least one
year a pupil who is determined to have threatened an educational institution as defined
in section 13-2911, except that the school district or charter school may modify this
expulsion requirement for a pupil on a case by case basis if the pupil participates in
mediation, community service, restitution or other programs in which the pupil takes
responsibility for the results of the threat. This subsection shall be construed
consistently with the requirements of the individuals with disabilities education act
(20 United States Code sections 1400 through 1420). A school district may reassign a
pupil who is subject to expulsion pursuant to this subsection to an alternative
education program pursuant to subsection E of this section if the pupil participates in
mediation, community service, restitution or other programs in which the pupil takes
responsibility for the threat. A school district or charter school may require the
pupil's parent or guardian to participate in mediation, community service, restitution
or other programs in which the parent or guardian takes responsibility with the pupil
for the threat. For the purposes of this subsection, "threatened an educational
institution" means to interfere with or disrupt an educational institution by doing any
of the following:
1. For the purpose of causing, or in reckless disregard of causing, interference
with or disruption of an educational institution, threatening to cause physical injury
to any employee of an educational institution or any person attending an educational
institution.
2. For the purpose of causing, or in reckless disregard of causing, interference
with or disruption of an educational institution, threatening to cause damage to any
educational institution, the property of any educational institution, the property of
any employee of an educational institution or the property of any person attending an
educational institution.
3. Going on or remaining on the property of any educational institution for the
purpose of interfering with or disrupting the lawful use of the property or in any
manner as to deny or interfere with the lawful use of the property by others.
4. Refusing to obey a lawful order to leave the property of an educational
institution.
I. By January 1, 2001, each school district shall establish an alternative to
suspension program in consultation with local law enforcement officials or school
resource officers. The school district governing board shall adopt policies to
determine the requirements for participation in the alternative to suspension program.
Pupils who would otherwise be subject to suspension pursuant to this article and who
meet the school district's requirements for participation in the alternative to
suspension program shall be transferred to a location on school premises that is
isolated from other pupils or transferred to a location that is not on school premises.
The alternative to suspension program shall be discipline intensive and require
academic work, and may require community service, groundskeeping and litter control,
parent supervision, and evaluation or other appropriate activities. The community
service, groundskeeping and litter control, and other appropriate activities may be
performed on school grounds or at any other designated area.
J. Each school shall establish a placement review committee to determine the
placement of a pupil if a teacher refuses to readmit the pupil to the teacher's class
and to make recommendations to the governing board regarding the readmission of
expelled pupils. The process for determining the placement of a pupil in a new class or
replacement in the existing class shall not exceed three business days from the date
the pupil was first removed from the existing class. The principal shall not return a
pupil to the classroom from which the pupil was removed without the teacher's consent
unless the committee determines that the return of the pupil to that classroom is the
best or only practicable alternative. The committee shall be composed of two teachers
who are employed at the school and who are selected by the faculty members of the
school and one administrator who is employed by the school and who is selected by the
principal. The faculty members of the school shall select a third teacher to serve as
an alternate member of the committee. If the teacher who refuses to readmit the pupil
is a member of the committee, that teacher shall be excused from participating in the
determination of the pupil's readmission and the alternate teacher member shall replace
that teacher on the committee until the conclusion of all matters relating to that
pupil's readmission.
15-842 Damage to school property; suspension or expulsion of pupil; liability of parent
A. A pupil who cuts, defaces or otherwise injures any school property may be
suspended or expelled.
B. Upon complaint of the governing board, the parents or guardians of minors who
have injured school property shall be liable for all damages caused by their children or
wards.
15-843 Pupil disciplinary proceedings
A. An action concerning discipline, suspension or expulsion of a pupil is not
subject to the provisions of title 38, chapter 3, article 3.1, except that the governing
board of a school district shall post regular notice and shall take minutes of any
hearing held by the governing board concerning the discipline, suspension or expulsion of
a pupil.
B. The governing board of any school district shall, in consultation with the
teachers and parents of the school district, prescribe rules for the discipline,
suspension and expulsion of pupils. The rules shall be consistent with the constitutional
rights of pupils and shall include at least the following:
1. Penalties for excessive pupil absenteeism pursuant to section 15-803 including
failure in a subject, failure to pass a grade, suspension or expulsion.
2. Procedures for the use of corporal punishment if allowed by the governing board.
3. Procedures for the reasonable use of physical force by certificated or
classified personnel in self-defense, defense of others and defense of property.
4. Procedures for dealing with pupils who have committed or are believed to have
committed a crime.
5. A notice and hearing procedure for cases concerning the suspension of a pupil
for more than ten days.
6. Procedures and conditions for readmission of a pupil who has been expelled or
suspended for more than ten days.
7. Procedures for appeal to the governing board of the suspension of a pupil for
more than ten days, if the decision to suspend the pupil was not made by the governing
board.
8. Procedures for appeal of the recommendation of the hearing officer or officers
designated by the board as provided in subsection F at the time the board considers the
recommendation.
C. Penalties adopted under subsection B, paragraph 1 for excessive absenteeism
shall not be applied to pupils who have completed the course requirements and whose
absence from school is due solely to illness, disease or accident as certified by a
person licensed under title 32, chapter 7, 13 or 17.
D. The governing board shall:
1. Support and assist teachers in the implementation and enforcement of the rules
prescribed in subsection B.
2. Develop procedures allowing teachers and principals to recommend the suspension
or expulsion of pupils.
3. Develop procedures allowing teachers and principals to temporarily remove
disruptive pupils from a class.
4. Delegate to the principal the authority to remove a disruptive pupil from the
classroom.
E. If a pupil withdraws from school after receiving notice of possible action
concerning discipline, expulsion or suspension, the governing board may continue with the
action after the withdrawal and may record the results of such action in the pupil's
permanent file.
F. In all action concerning the expulsion of a pupil, the governing board of a
school district shall:
1. Be notified of the intended action.
2. Decide, in executive session, whether to hold a hearing or to designate one or
more hearing officers to hold a hearing to hear the evidence, prepare a record and bring
a recommendation to the board for action and whether the hearing shall be held in
executive session.
3. Give written notice, at least five working days prior to the hearing by the
governing board or the hearing officer or officers designated by the governing board, to
all pupils subject to expulsion and their parents or guardians of the date, time and
place of the hearing. If the governing board decides that the hearing is to be held in
executive session, the written notice shall include a statement of the right of the
parents or legal guardians or an emancipated pupil subject to expulsion to indicate their
objection to the governing board's decision to have the hearing held in executive
session. Objections shall be made in writing to the governing board.
G. If a parent, legal guardian or emancipated pupil subject to expulsion disagrees
that the hearing should be held in executive session, then it shall be held in an open
meeting unless:
1. If only one pupil is subject to expulsion and disagreement exists between that
pupil's parents or legal guardians, the governing board, after consultations with the
pupil's parents or legal guardians or the emancipated pupil, shall decide in executive
session whether the hearing will be in executive session.
2. If more than one pupil is subject to expulsion and disagreement exists between
the parents or guardians of different pupils, then separate hearings shall be held
subject to the provisions of this section.
H. Nothing in this section shall be construed to prevent the pupil who is subject
to expulsion or suspension, and the pupil's parents or legal guardians and legal counsel,
from attending any executive session pertaining to the proposed disciplinary action, from
having access to the minutes and testimony of the executive session or from recording the
session at the parent's or legal guardian's expense.
I. In schools employing a superintendent or a principal, the authority to suspend a
pupil from school is vested in the superintendent, principal or other school officials
granted this power by the governing board of the school district.
J. In schools that do not have a superintendent or principal, a teacher may suspend
a pupil from school.
K. In all cases of suspension, it shall be for good cause and shall be reported
within five days to the governing board by the superintendent or the person imposing the
suspension.
L. A teacher who fails to comply with this section is guilty of unprofessional
conduct and the teacher's certificate may be revoked.
M. The principal of each school shall insure that a copy of all rules pertaining to
discipline, suspension and expulsion of pupils is distributed to the parents of each
pupil at the time the pupil is enrolled in school.
N. The principal of each school shall insure that all rules pertaining to the
discipline, suspension and expulsion of pupils are communicated to students at the
beginning of each school year, and to transfer students at the time of their enrollment
in the school. 15-844 Suspension and expulsion proceedings for children with disabilities
Notwithstanding sections 15-841 and 15-842, the suspension or expulsion of children
with disabilities, as defined in section 15-761, shall be in accordance with the
individuals with disabilities education act (20 United States Code sections 1410 through
1485) and federal regulations issued pursuant to the individuals with disabilities
education act.
15-854 Year-round school year operation; powers and duties of superintendent of public instruction
A. The superintendent of public instruction shall:
1. Prepare and distribute all necessary forms for application by any school
district for state authorization for a school district year-round school year operation
program.
2. Prepare and distribute all necessary budget or reporting forms which may be
required for the purpose of this section and section 15-855.
3. Cooperate with and provide continued supervision of all year-round school year
operation programs to determine compliance with the provisions of this section and
section 15-855.
B. The superintendent of public instruction may:
1. Authorize a school district with program approval for year-round school year
operation to employ a fiscal year other than one beginning on July 1 and ending on June
30, and to appropriately adjust the respective budget dates.
2. Authorize and assist in arrangements for any necessary adjustments of employment
contracts, the dates and respective percentages of apportionments of state aid and the
student count to be based on each pupil's attendance during the respective one hundred
seventy-five days or two hundred days, as applicable, of school operation, or the
equivalent as approved by the superintendent of public instruction, in which the pupil is
enrolled.
15-855 School or school district operation on a year-round school year basis; separate budget
A. Any school district which is qualified may operate on a four quarter, three
semester or other year-round school year operation basis in cooperation with and under
the supervision of the superintendent of public instruction.
B. Any school district which operates some but not all of its schools on a
year-round school year operation basis shall remove such schools from the school district
budget, proportionately reduce the school district budget amounts and employ a separate
budget for each of its schools with a year-round school year operation.
C. The superintendent of public instruction shall supervise the conversion of any
school district budget as required by subsection B of this section to insure application
of all budget requirements.
D. For school districts which maintain an approved year-round school year
operation, entitlement to state aid shall be based on the one hundred seventy-five days'
equivalency or two hundred days' equivalency, as applicable, of instructional time as
approved by the superintendent of public instruction during which each student is
enrolled. 15-861 Four day school week and alternative kindergarten programs
A. A governing board, after at least two public hearings in the school district,
may offer an educational program on the basis of a four day school week or an alternative
kindergarten program on the basis of a three day school week, or both.
B. The instructional time in an educational program offered on the basis of a four
day school week or in an alternative kindergarten program offered on the basis of a three
day school week must be equal to the instructional time in an educational program or
kindergarten program, as applicable, offered on the basis of a five day school
week. Notwithstanding section 15-901, subsection A, paragraph 6, for school districts
which offer an educational program on the basis of a four day school week in common
schools or an alternative kindergarten program on the basis of a three day school week,
or both, as provided in this section, the minimum number of minutes required for daily
attendance shall be increased so that the number of minutes per day multiplied by the
total number of school days per school year is at least equal to the number of minutes
prescribed for that program or grade in section 15-901, subsection A, paragraph 6,
multiplied by one hundred seventy-five.
15-871 Definitions
In this article, unless the context otherwise requires:
1. "Documentary proof" means written evidence that a pupil has been immunized or
has laboratory evidence of immunity which conforms with the standards promulgated
pursuant to section 15-872.
2. "Dose" means the number in a series of immunizations which may be prescribed
pursuant to section 36-672.
3. "Health agency" means a local health department or similar governmental agency
established pursuant to the laws of another state or country and its officers and
employees.
4. "Homeless pupil" means a pupil who has a primary residence that is:
(a) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations.
(b) An institution that provides a temporary residence for individuals intended
to be institutionalized.
(c) A public or private place not designed for, or ordinarily used as a regular
sleeping accommodation for, human beings.
5. "Immunization" means the process of inoculation with a specific antigen to
promote antibody formation in the body.
6. "Immunized" means the required initial immunization and boosters or
reimmunization prescribed pursuant to section 36-672.
7. "Laboratory evidence of immunity" means written evidence of serologic
confirmation of the presence of specific antibodies against an immunization-preventable
disease which is signed by a physician or an authorized representative of a health
agency.
8. "Local health department" means a local health department established pursuant
to title 36, chapter 1, article 4.
9. "Physician" means a person licensed pursuant to title 32, chapter 13, 17 or
29 or a person licensed to practice allopathic or osteopathic medicine under the laws
of another state or country.
10. "Pupil" means a person who is eligible to receive instruction at a school and
includes pre-kindergarten age children receiving either services for children with
disabilities or day care on a school campus otherwise exempt from day care rules
pursuant to section 36-884.
11. "School" means a public, private or parochial school that offers instruction
at any level or grade through twelfth grade, except for day care facilities regulated
pursuant to title 36, chapter 7.1.
12. "School administrator" means the principal or person having general daily
control and supervision of the school or that person's designee.
13. "Suspension" or "suspended" means:
(a) For a pupil attending a public school, the temporary withdrawal of the
privilege of attending school pursuant to section 15-843.
(b) For a pupil attending a private or parochial school, the temporary withdrawal
of the privilege of attending school pursuant to the policies and procedures of the
private or parochial school.
15-872 Proof of immunization; noncompliance; notice to parents; civil immunity
A. The director of the department of health services, in consultation with the
superintendent of public instruction, shall develop by rule standards for documentary
proof.
B. A pupil shall not be allowed to attend school without submitting documentary
proof to the school administrator unless the pupil is exempted from immunization pursuant
to section 15-873.
C. Each public school shall make full disclosure of the requirements and exemptions
as prescribed in sections 15-872 and 15-873.
D. On enrollment, the school administrator shall suspend that pupil if the
administrator does not have documentary proof and the pupil is not exempted from
immunization pursuant to section 15-873.
E. Notwithstanding subsections B and D of this section, a pupil may be admitted to
or allowed to attend a school if the pupil has received at least one dose of each of the
required immunizations prescribed pursuant to section 36-672 and has established a
schedule for the completion of required immunizations. The parent, guardian or person in
loco parentis of a pupil shall present to the school administrator documentary proof of
the immunizations received and a schedule prepared by the pupil's physician or a health
agency for completion of additional required immunizations.
F. The school administrator shall review the school immunization record for each
pupil admitted or allowed to continue attendance pursuant to subsection E of this section
at least twice each school year until the pupil receives all of the required
immunizations and shall suspend a pupil as prescribed in subsection G of this section who
fails to comply with the immunization schedule. Immunizations received by a pupil shall
be entered in the pupil's school immunization record.
G. Unless proof of an exemption from immunization pursuant to section 15-873 is
provided, a pupil who is admitted or allowed to continue to attend and who fails to
comply with the immunization schedule within the time intervals specified by the schedule
shall be suspended from school attendance until documentary proof of the administration
of another dose of each appropriate immunizing agent is provided to the school
administrator.
H. The provisions of subsections B, D and E of this section do not apply to
homeless pupils until the fifth calendar day after enrollment.
I. A school and its employees are immune from civil liability for decisions
concerning the admission, readmission and suspension of a pupil which are based on a good
faith implementation of the requirements of this article.
15-873 Exemptions; nonattendance during outbreak
A. Documentary proof is not required for a pupil to be admitted to school if one of
the following occurs:
1. The parent or guardian of the pupil submits a signed statement to the school
administrator stating that the parent or guardian has received information about
immunizations provided by the department of health services, understands the risks and
benefits of immunizations and the potential risks of nonimmunization and that due to
personal beliefs, the parent or guardian does not consent to the immunization of the
pupil.
2. The school administrator receives written certification which is signed by the
parent or guardian and by a physician, which states that one or more of the required
immunizations may be detrimental to the pupil's health and which indicates the specific
nature and probable duration of the medical condition or circumstance which precludes
immunization.
B. An exemption pursuant to subsection A, paragraph 2 is only valid during the
duration of the circumstance or condition which precludes immunization.
C. Pupils who lack documentary proof of immunization shall not attend school during
outbreak periods of communicable immunization-preventable diseases as determined by the
department of health services or local health department. The department of health
services or local health department shall transmit notice of this determination to the
school administrator responsible for the exclusion of the pupils.
15-874 Records; reporting requirements
A. Each pupil's immunizations shall be recorded on the school immunization
record. The school immunization record shall be a standardized form developed by the
department of health services in conjunction with the department of education and
provided by the department of health services and shall be a part of the mandatory
permanent student record. The records are open to inspection by the department of health
services and the local health department.
B. Each immunization record shall contain at least the following information:
1. The pupil's name and birth date.
2. The date of the pupil's admission to the school.
3. The type of immunizing agents administered to the pupil.
4. The date each dose of immunizing agent is administered to the pupil.
5. The established schedule for completion of immunizations if the pupil is
admitted to or allowed to continue to attend a school pursuant to section 15-872,
subsection E.
6. Laboratory evidence of immunity if this evidence is presented as part of a
pupil's documentary proof.
7. If an exemption from immunization as provided in section 15-873 is submitted to
the school administrator, the date the exemption is submitted and the reason for the
exemption.
8. Additional information prescribed by the director of the department of health
services by rule.
C. A school shall transfer an immunization record with the mandatory permanent
student record and provide at no charge, on request, a copy of the immunization record to
the parent or guardian of the pupil.
D. By November 30 of each school year, each school district and private school
shall complete and file a report with the local health department and the department of
health services, using forms provided by the department of health services. The report
shall state the number of pupils attending who have completed required immunizations or
who have submitted laboratory evidence of immunity, the number of pupils attending with
uncompleted required immunizations and the number of pupils attending with an exemption
from immunization pursuant to section 15-873.
15-881 Extended school year services for pupils with disabilities; eligibility and service structure; definition
A. Each school district shall make extended school year services available to all
pupils with disabilities for whom such services are necessary. Extended school year
services are necessary if either of the following applies:
1. The benefits that the pupil gained during the regular school year would be
significantly jeopardized if the pupil is not provided educational services.
2. The pupil would experience severe or substantial regression if the pupil is not
provided educational services during recesses or the summer months and the regression
would result in substantial skill loss of a degree and duration that would seriously
impede the pupil's progress toward educational goals.
B. The determination of whether a pupil is eligible for extended school year
services shall take into account the least restrictive environmental considerations and
shall be determined by a multifaceted inquiry by the individualized education program
team based on the following criteria:
1. Retrospective data, such as past regression and the rate of recoupment.
2. Predictive data, when empirical data is not available, may be proven by expert
opinion, based on a professional individual assessment.
C. The state board of education shall prescribe rules to carry out the purposes of
this section.
D. Rules that are adopted pursuant to subsection C of this section shall clarify
that attendance in the program is not compulsory, that the program is not required for
all pupils with disabilities and that eligibility for participation in the program is not
based on need or desire for any of the following:
1. A day care or respite care service for pupils with disabilities.
2. A program to maximize the academic potential of pupils with disabilities.
3. A summer recreation program for pupils with disabilities.
E. For the purposes of this section, "extended school year" means additional
special education and related services for pupils with disabilities to supplement the
normal school year which are provided as part of a free and appropriate public education
as defined in public law 94-142.
|
|
|
|
