HCS/HB 1989 - This act authorizes the enrollment of nonresident students in public school districts and modifies provisions regarding transportation costs for certain school districts. MAGNET SCHOOLS (Section 163.161)
Under this act, any school district that operates magnet schools as part of a master desegregation settlement agreement shall not be considered inefficient for purposes of state aid for transportation of pupils attending such magnet schools and shall not receive a financial penalty for the magnet school transportation portion of the overall transportation budget.
This provision is identical to a provision in SB 1051 (2024), HCS/SS#2/SCS/SBs 4, 42, & 89 (2023), a provision in SCS/SB 5 (2023), HB 672 (2023), and a provision in SB 1010 (2022).
PUBLIC SCHOOL OPEN ENROLLMENT ACT (Sections 167.020, 167.151, and 167.1200 to 167.1230)
The act establishes the "Public School Open Enrollment Act" to enable students to transfer from their school district of residence ("resident district") to a nonresident district. No student shall be enrolled under this Act before July 1, 2025.
These provisions are similar to SB 1051 (2024), SCS/SB 5 (2023), SB 1010 (2022), HB 1814 (2022), and HS/HCS/HB 543 (2021).
TRANSFER POLICY AND PARTICIPATION (Section 167.1205)
The act specifies that any student beginning kindergarten or already enrolled in a public school may attend a public school in a nonresident district participating in the open enrollment program. Before December 1st of each year, each school district shall indicate whether it intends to participate in the program during the subsequent school year.
Districts that participate in open enrollment shall not be required to add teachers, staff, or classrooms to accommodate transfer applicants. Districts may restrict the number of students who transfer to a nonresident district to 3% of the previous school year's enrollment.
The Department of Elementary and Secondary Education (DESE) shall develop and maintain on online resource that allows a nonresident district to ensure that the district does not accept a transfer application if the acceptance of such transfer application would cause the transferring student's resident district to exceed 3% of such resident district's enrollment for the preceding school year. The online resource shall additionally provide a searchable public database of the number of transfers offered in each participating school district, listing allowable transfers for each building, grade level, classroom, and program in a school district.
If a nonresident district determines that it is unable to provide required special educational services for a child with disabilities, the nonresident district shall not be required to provide such services. A nonresident district may make such a determination after consulting with the child's resident district and any local public, private, and not-for-profit agencies that provide services for children with disabilities.
School districts that are served by a special school district shall reach an agreement with the special school district regarding finance and staffing before participating in the program.
DESE or an entity skilled in policy development shall develop a model open enrollment transfer policy as outlined in the act. All public schools shall adopt the model policy regardless of whether they participate in the program. A local school board may modify the model policy based on the school district's needs.
A school district may establish standards for the acceptance and rejection of transfer applications based on criteria outlined in the act. Such standards may include the capacity of the school, the availability of classroom space, and any class-size limitation. The standards shall also include a statement that priority shall be given to any applicant who has a sibling who is already enrolled in the nonresident district. The standards shall not include a consideration of an applicant's academic achievement, athletic ability, disabilities, English proficiency level, or previous disciplinary proceedings, except that any suspension or expulsion from another district shall be included.
A nonresident district shall accept credits toward graduation that were awarded by another district and award a diploma to a transferring student if the student meets the nonresident district's graduation requirements.
The superintendent of each school district shall cause information about the open enrollment program to be posted on the district website and in the student handbook.
Students who wish to attend a nonresident school that has an academic or competitive entrance process shall furnish proof that they meet the admission requirements of the nonresident school.
A nonresident district may deny a transfer to a student who, in the most recent school year, has been suspended from school two or more times or who has been suspended or expelled for an act of school violence, as described in the act. A student whose transfer is initially precluded under this provision may, upon the approval of the nonresident district's superintendent, be permitted to transfer as a probationary student, subject to no further disruptive behavior. A student who is denied a transfer due to disciplinary issues has the right to an in-person meeting with the nonresident district's superintendent, as provided in the act. School districts shall develop common standards for determining disruptive behavior that shall include criteria established in current law.
High school students who participate in open enrollment shall be ineligible to participate in interscholastic athletics during the first 365 days of enrollment in a nonresident district, with exceptions outlined in the act.
APPLYING FOR TRANSFER (Section 167.1210)
A student who applies for a transfer under the act may accept only one transfer per school year. A transferring student shall commit to attend and take all courses through the nonresident district for at least one school year, with at least one course per semester delivered by the nonresident district in-seat. A student who transfers to a nonresident district and then returns to his or her district of residence shall complete a full semester in his or her district of residence before applying for another transfer.
A student who transfers to a nonresident district may complete all remaining school years in the nonresident district without reapplying each year. Any sibling of a student enrolled in a nonresident district may enroll in the same nonresident district if the district has the capacity, as provided in the act.
For the purposes of determining federal and state aid, a student who transfers to a nonresident district shall be counted as a resident of the nonresident district.
Parents shall be responsible for transportation to the nonresident school or to an existing bus stop location in the nonresident district. Students who qualify for free and reduced price lunch or who have transportation included in their individualized education program (IEP) may have transportation expenses reimbursed quarterly as outlined in the act.
PARENT PUBLIC SCHOOL CHOICE FUNDS (Sections 167.1211 and 167.1212)
The act establishes the "Parent Public School Choice Fund" with an $80 million appropriation. Moneys in the fund shall be used to supplement state aid payments to districts that participate in the open enrollment program and reimburse nonresident districts for the costs of providing special educational services for students with an IEP, as provided in the act. DESE shall annually evaluate the availability and use of moneys from the fund and, if necessary, request additional funds by a specific line item appropriation as part of the legislative budget process.
NUMBER OF TRANSFER STUDENTS (Section 167.1215)
Before December 1st annually, each school district shall set and publish the number of transfer students the district is willing to receive for the following school year, if any. Districts shall also develop a policy for a wait list, as provided in the act.
APPLICATION PROCESS (Section 167.1220)
The act describes the transfer application process and the requirements for notifications of acceptance or rejection. The parent of a student seeking a transfer to a nonresident district shall submit an application postmarked before February 1st in the calendar year preceding the school year in which the student seeks to begin the fall semester at the nonresident district. Superintendents shall review and make a determination on transfer applications as provided in the act. The act outlines the reasons why an eligible application for a transfer may be rejected, including a change in the student's residence, a change in the parents' marital status, or a student's placement in foster care. The reasons for any rejection shall be submitted to the local school board for review.
A nonresident district's school board may adopt a policy granting the superintendent the authority to approve transfer applications submitted after the February deadline. If a student's transfer application is postmarked after the February 1st deadline, the student's parent shall, before July 1st, send notification to the resident district and nonresident district that good cause exists for the student's failure to meet the deadline. If good cause exists, the school board of the nonresident district shall take action to approve the request, as provided in the act. The Commissioner of Education shall attempt to mediate any dispute between school districts regarding student transfer applications submitted after the February deadline, as provided in the act.
Before April 1st of the school year preceding the school year in which a student seeks to enroll in a nonresident district, the nonresident district's superintendent shall notify DESE as to whether the student's application has been accepted or rejected through the online resource created by DESE. The online resource shall provide notice on April 1st to all resident and nonresident districts regarding the acceptance or rejection of each application. Within three business days of receiving such notification, the nonresident district's superintendent shall notify the parent and resident district, in writing, as to whether the student's application has been accepted or rejected, as provided in the act.
If an application is accepted, the nonresident district's superintendent shall notify the resident district and DESE of the student's participation and shall also notify the student and the student's parent of the opportunity to participate in an anonymous survey provided by DESE regarding all reasons for the student's and parent's interest in participating in the open enrollment program.
DESE shall publish an annual report based on the survey results. Such report shall provide data at the statewide and district levels of sufficient detail to allow analysis of trends regarding the reasons for participation in the program at the statewide, regional, and local district levels. Such data shall be of sufficient detail to allow detection and analysis of the impact of the public school open enrollment program on racial, ethnic, and socioeconomic balance among schools and districts at the statewide, regional, and local district levels. No such survey results shall be published in a manner that reveals information regarding a group of five or fewer students.
AUTHORIZED EXEMPTIONS (Section 167.1225)
A student may participate in open enrollment if such student's transfer does not cause the resident school district to conflict with a provision of an enforceable desegregation court order or a court-approved desegregation plan. A school district may annually declare an exemption from the program if the district is subject to such court order or plan, as provided in the act. Any district declaring such exemption shall notify DESE of such before December 1st of the preceding school year.
The act establishes certain exemptions from open enrollment for students who qualify for transfers under current law.
If a student transfers from a K-8 district to a nonresident district for 6th, 7th, or 8th grade, the K-8 district shall pay tuition to the nonresident district upon the student's promotion to 9th grade, as provided in the act. If a student transfers to a K-8 district, the K-8 district shall not be considered such student's resident district for any purpose after the student completes 8th grade or upon the student's transfer out of the K-8 district before completing 8th grade.
APPEAL PROCEDURE (Section 167.1227)
A student whose transfer application is rejected may appeal to DESE to request that the application be reconsidered, as specified in the act. Such an appeal shall be in writing and shall also be sent to the nonresident district's superintendent and postmarked no later than 10 calendar days after the student or student's parent receives notice of the rejection. Within 10 days of receiving the student's appeal, the nonresident district may submit to DESE any additional information supporting the district's rejection of the student's transfer application. The nonresident district shall also mail a copy of the response to the student or the student's parent. If DESE overturns the determination of the nonresident district on appeal, DESE shall notify the student's parent, the nonresident district, and the resident district of the basis for such decision.
ANNUAL REPORTING AND AUDITING (Section 167.1229)
DESE shall collect and report data annually from school districts on the number of applications and study the effects of transfers under the act. DESE shall consider, as part of its study, the maximum number of transfers and exemptions for both resident and nonresident districts for up to two years to determine if a significant racially segregative impact has occurred in any school district. The report shall be submitted annually before December 1st to the Joint Committee on Education, the House Committee on Elementary and Secondary Education, and the Senate Committee on Education.
DESE shall annually make a random selection of 10% of the school districts participating in the open enrollment program and audit each selected district's transfers approved or denied under policies adopted by the school board. If DESE determines that a selected school district is improperly implementing and administering the transfer process, DESE may withhold any state aid provided to the school district until the school district corrects the transfer process improprieties identified by the audit.
ALTERNATIVE FUNDING (Section 167.1230)
The act outlines what steps shall be taken if the Parent Public School Choice Fund does not have sufficient funding to provide all eligible reimbursements as provided in the act. In such situations, school districts may modify their open enrollment policies to make reasonable adjustments to ensure sufficient classroom space, and all eligible transferring students who are enrolled in a nonresident district may remain in the nonresident district. Additionally, all reimbursable transportation costs shall be considered eligible expenses for the nonresident district under the provisions of law relating to state aid for transportation of pupils, and transferring students who receive special educational services shall be given additional weighting in the state aid formula calculation for the nonresident district.
OLIVIA SHANNON