3313.97.
Alternative school open enrollment policy procedures
Notwithstanding
division (D) of section
3311.19 and division (D) of
section 3311.52 of the Revised Code, this
section does not apply to any joint vocational or cooperative education school
district.
(A) |
As used in this section:
(1) |
"Parent" has the same meaning as in section
3313.64 of the Revised
Code. |
(2) |
"Alternative school" means a school building other than the one to which a
student is assigned by the district superintendent. |
(3) |
"IEP" has the same meaning as in section
3323.01 of the Revised
Code. |
|
(B) |
The board of education of each city, local, and
exempted village school district shall adopt an open enrollment policy allowing
students entitled to attend school in the district pursuant to section
3313.64 or
3313.65 of the Revised Code to
enroll in an alternative school. Each policy shall provide for the following:
(1) |
Application procedures, including deadlines for application and for
notification of students and principals of alternative schools whenever a
student's application is accepted. The policy shall require a student to apply
only if the student wishes to attend an alternative school. |
(2) |
The establishment of district capacity limits by grade level, school building,
and education program; |
(3) |
A requirement that students enrolled in a school building or living in any
attendance area of the school building established by the superintendent or
board be given preference over applicants; |
(4) |
Procedures to ensure that an appropriate racial balance is maintained in the
district schools.
Each policy may permit a student to permanently transfer to
an alternative school so that the student need not reapply annually for
permission to attend the alternative school.
|
|
(C) |
Except as provided in section
3313.982 of the Revised Code, the
procedures for admitting applicants to alternative schools shall not include:
(1) |
Any requirement of academic ability, or any level of athletic, artistic, or
other extracurricular skills; |
(2) |
Limitations on admitting applicants because of disabling conditions, except
that a board may require a student receiving services under Chapter 3323. of
the Revised Code to attend school where the services described in the student's
IEP are available; |
(3) |
A
requirement that the student be proficient in the English language; |
(4) |
Rejection of any applicant because the student has been subject to disciplinary
proceedings, except that if an applicant has been suspended or expelled for ten
consecutive days or more in the term for which admission is sought or in the
term immediately preceding the term for which admission is sought, the
procedures may include a provision denying admission of such applicant to an
alternative school. |
|
(D) |
(1) |
Notwithstanding Chapter 3327. of the Revised Code, and except as provided in
division (D)(2) of this section, a district board is not required to provide
transportation to a nondisabled student enrolled in an alternative school
unless such student can be picked up and dropped off at a regular school bus
stop designated in accordance with the board's transportation policy or unless
the board is required to provide additional transportation to the student in
accordance with a court-approved desegregation plan. |
(2) |
A district board shall provide transportation to
any student described in 20 U.S.C. 6316(b)(1)(F) to the
extent required by division (E) of section
3302.04 of the Revised Code,
except that no district board shall be required to provide transportation to
any such student after the school in which the student was enrolled immediately
prior to enrolling in the alternative school makes adequate yearly progress, as
defined in section
3302.01 of the Revised Code, for
two consecutive school years. |
|
(E) |
Each school board shall provide information about
the policy adopted under this section and the application procedures and
deadlines to the parent of each student in the district and to the general
public. |
(F) |
The state board of education shall monitor school
districts to ensure compliance with this section and the districts'
policies. |
Cite as (Casemaker) R.C.
§ 3313.97
History. Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date:
08-15-2003; 2007 HB119 09-29-2007; 2008 HB420 12-30-2008.