This policy provides authorization for release of students to a nonresident school district and for acceptance of students from their resident district to attend Mukilteo School District schools. The Superintendent is authorized to develop and adopt procedures consistent with this policy.

1. Release of Resident Student

   As noted in RCW 28A.225.220, a district shall release a student to a nonresident district that agrees to accept the student if:

   1. A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or
      
      
   2. Attendance at the school in the nonresident district is more accessible to the parent's place of work or the location of child care; or
      
      
   3. There is a special hardship or detrimental condition; or.
      
      
   4. The purpose of the transfer is for the student to enroll in an online course or online school program offered by an online provider approved under RCW 28A.250.020.

   A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the District's existing desegregation plan.

   Applications for release of resident students will be considered in a timely manner following their submission. Mukilteo School District shall give rational, fair, and equitable consideration to each release application.

   In all cases that the District approves the release of a resident student, the student or the student's parent(s)/guardian(s) shall be solely responsible for transportation.

2. Acceptance of Nonresident Students

   Any student who resides outside the District may apply to attend a school in the District. The Superintendent or designee shall annually determine building capacity levels utilizing the Capital Facilities Plan (w/portables) to determine if space is available within individual schools.

   Schools continue to add capacity when portable classrooms are added and/or computer labs and other flexible spaces are converted to classroom spaces. However, this practice is not ideal or encouraged because the core facilities of the building do not support the additional enrollment. Therefore, the District calculates capacity for out-of-District transfers at the lesser of:

   • The sum of permanent capacity and portable capacity, or
   • 700 students for elementary schools, 825 students for middle schools, and 1,900 students for high schools.
   • In addition, any school that transfers kindergarten students to Pathfinder Kindergarten Center to provide space for the implementation of full-day kindergarten is determined to be over capacity for the purpose of out-of-district transfers.

   Assuming the Superintendent or designee has determined building capacity allows consideration for acceptance of nonresident students within individual schools, the District will utilize the following standards for considering all applications:

   1. The class size limitations in the Mukilteo Education Association (MEA) Collective Bargaining Agreement, and available space in existing class groupings and/or buildings consistent with the District’s strategy of reducing class size at all levels.
   2. Demonstration of need to be released from the resident district as required by RCW 28A.225.220 as outlined above.
   3. The District's capacity, utilizing applicable resources which follow the student, to provide a program to address any special conditions described in the application.
   4. Applications will be acted upon in the order of their presentation to the District.
   5. The District will annually review the continued attendance of each out-of-district student, and notify the student and their parent(s) as to the student's attendance status for the subsequent school year. Parents will subsequently notify the District of their intent to attend prior to the start of the next school year.
   6. Should the District choose to not admit a student or discontinue serving a student at any time, the parent(s) will be notified as to the reason for denial and their rights to appeal.
   7. The decision of the District to deny admission of a nonresident student may be appealed to the Superintendent of Public Instruction.

   In all cases that the District approves the acceptance of a nonresident student, the student or the student's parent(s)/guardian(s) shall be solely responsible for transportation.

   See Board Policy 3141-P - Procedures for additional conditions of acceptance, denial and revocation.

3. Acceptance of Nonresident Students of District Employees
   

   The District shall accept applications from nonresident students who are the children of full-time certificated and classified school employees, and those children shall be permitted to enroll:

   1. At the school to which the employee is assigned;
   2. At a school forming the district's K through 12 continuum which includes the school to which the employee is assigned; or
   3. At a school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services.

   The District may reject, deny or revoke applications under this section if:

   1. The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership;
   2. The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants;
   3. Enrollment of a child under this section would displace a child who is a resident of the District.

   The child shall be permitted to remain enrolled at that school, or in that District's kindergarten through twelfth grade continuum, until they have completed their schooling. Out-of-district applications must be renewed annually.

   In all cases that the District approves the acceptance of a nonresident student, the student or the student's parent(s)/guardian(s) shall be solely responsible for transportation.

   See Board Policy 3141-P - Procedures for additional conditions of acceptance, denial and revocation.

Cross References:

Board Policy 3121 Enrollment
Board Policy 3141-P Release and Admission for Students to Attend School in a NonResident District - Procedures

Legal References:

RCW 28A.225.220 Adults, children from other districts, agreements for attending school--Tuition
RCW 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school -- School employees' children -- Acceptance and rejection standards -- Notification.
RCW 28A.225.230 Appeal from certain decisions to deny student's request to attend nonresident district -- Procedure.
WAC 392-137 Finance--Nonresident attendance
WAC 392-137-155 Appeal to SPI — Denial of release

Adoption Date: June 8, 1998
Revised: June 26, 2001
Revised: March 14, 2005
Revised: October 27, 2014
Revised: June 13, 2016
Revised: April 3, 2017