SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

School Board Policy Executive Summary Form D

2/20/18 ade

Policy Number: 5120

Title of Policy: Assignment Within The District

Cabinet Member: Stephanie Archer & Sue Hann

Purpose of

Revisions:

The purpose of the proposed revisions to the policy is to ensure compliance with

all applicable federal and state laws, Florida State Board of Education Rules,

Board policies, administrative rules, procedures, and guidelines. In addition, the

proposed revisions promote transparency and accountability.

Tentative

Schedule: Cabinet – 10/1/18

Rule Development Workshop – 10/23/18

School Board Meeting Information – 11/20/18

School Board Meeting Approval – 12/11/18

Effective Date – upon approval

Summary of

Proposed Policy

Revisions:

This policy is being revised to eliminate language that will be reflected in the

new Policy 5121 – Controlled Open Enrollment. Additional language was

added to bring the policy into compliance with applicable Florida law.

Particular areas of revision include the following: eliminations of Controlled

Open Enrollment Language. The proposed additional language is suggested

language from NEOLA.

Specific

Authority:

§§ 1000.05, 1001.41, 1002.20, 1002.31, 1003.05, 1003.06; F.S.

Next Steps: Revisions to internal procedures

Training for BPS employees regarding revisions to policy and revised

procedures

Current

Version

BPS Current

5120 - ASSIGNMENT WITHIN DISTRICT

The Board directs that the assignment of students to schools within this District be consistent with the best interests of students and the best use of the resources of this District.

The Board shall determine annually the school attendance areas of the District and shall expect the students within each area to attend the school so designated.

The Superintendent shall periodically review existing attendance areas and recommend to the Board such changes as may be justified by:

A. considerations of safe student transportation and travel;

B. convenience of access to schools;

C. financial and administrative efficiency;

D. the effectiveness of the instructional program;

E. a wholesome and educationally sound balance of student populations.

No assignment to schools or attendance schedules shall discriminate against students on the basis of gender, race, religion, disability, or national origin.

The Superintendent may assign a student to a school other than that designated by the attendance area when such exception is justified by circumstances and is in the best interest of the student.

The principal shall assign students in his/her school to appropriate grades, classes, or groups. This action shall be based on consideration of the needs of the student as well as the administration of the school.

Assistance to Transitioning Students from Military Families

Students of military families may be faced with numerous transitions during their school years. The District, in compliance with Florida law, will promote practices which assist the military families transitioning to Brevard County, develop and implement through a memorandum of agreement between the District and the local military installation, and provide first preference for admission to special academic programs for students of military families in transition who meet the eligibility requirements of the program.

Request for Educational Location Option

A student may be permitted to attend a school other than the school serving the parents' residential area by completing an application for the approval or disapproval of the Director of School Choice who shall take into consideration in making the decision criteria, including but not limited to, the following:

A. severe health problems

B. small school status

C. personal legal issues

D. racial integrity

E. acceptance of parental/student responsibility for transportation, good attendance, and

acceptable behavior

F. other hardships

Request for Educational Location Option for Nonresident Students

Students who are not residents of Brevard County may attend a school in the District upon compliance with Florida laws governing admission of students to the schools of the State. Such students may be assigned to schools by the Superintendent.

Approval of an educational location option assignment and/or approval for non-resident students must also meet the criteria for educational location option approval noted in Policy 7120.

Revocation of an educational location option assignment/contract may be invoked for the following reasons:

A. Poor attendance, inappropriate behavior, unacceptable grades, or lack of academic effort by

the student.

B. Excessive tardies or late pick-up after school of the student.

C. Falsification of address or entrance documents.

Appeal Process for Denial of Educational Location Option

The District will implement established procedures for parents to appeal the denial of an educational location option assignment request. Parents must submit the District Appeal Form and supporting documentation to the Office of School Choice by stipulated deadline. A District Appeal Team will review submitted documentation and determine if the appeal should be granted.

Participation in Educational Program Opportunity

An applicant must be a District resident at time of application and provide two (2) proofs of residency. The approval of a student to attend a school other than his/her zoned school of attendance for the purposes of attending an educational program opportunity is valid for as long as the student participates in said program at the identified school. A student must return to his/her zoned school of attendance at the end of the semester if s/he no longer participates in the program.

The Superintendent shall develop and update as needed administrative procedures to implement this policy.

F.S. 1000.05, 1001.41, 1002.20, 1002.31, 1003.05

Revised 4/22/08 Revised 4/28/09 Revised 4/27/10 Revised 6/24/10 Revised 6/14/11 Revised 2/23/16

© Neola 2010

Neola

Template

NEOLA Template

5120 - ASSIGNMENT WITHIN DISTRICT

The School Board directs that the assignment of students to schools within this District be consistent with the best interests of students and the best use of the resources of this District.

The Superintendent shall

( ) annually

( ) periodically

review existing attendance areas and recommend to the Board such changes as may be justified by:

( ) considerations of safe student transportation and travel;

( ) convenience of access to schools;

( ) financial and administrative efficiency;

( ) the effectiveness of the instructional program;

( ) a wholesome and educationally sound balance of student populations;

( ) ____________________________________________________________.

Acting upon the recommendation of the Superintendent, the Board shall determine

( ) annually

( ) periodically

the school attendance areas of the District and shall expect the students within each area to attend the school so designated.

No assignment to schools or attendance schedules shall discriminate against students on the basis of race, color, national origin, sex (including sexual orientation, transgender status, or gender identity), disability (including HIV, AIDS, or sickle cell trait), pregnancy, marital status, age (except as authorized by law), religion, military status, ancestry, or genetic information which are classes protected by State and/or Federal law (collectively "protected classes").

The parent of siblings who are assigned to the same grade level and school may request that the school

place the siblings in the same classroom or in separate classrooms. This request must be made no later than five (5) days before the first day of school each school year or five (5) days after the first day of attendance of the students if the students are enrolled in school after the school year commences. The school is not required to meet the request if there is factual evidence indicating a specific placement is better for the student than that requested by the parent.

[ ] Wherever possible and advisable in the interests of the students, siblings shall be assigned to the same building.

[ ] The principal shall assign students in his/her school to appropriate grades, classes, or groups. This action

shall be based on consideration of the needs of the student as well as the administration of the school.

Waiver of Attendance Area

A student may be permitted to attend a school other than the school serving the parents' residential area by completing and submitted a Waiver of Attendance Area Form. Requests for an out-of-area assignment are separate from controlled open enrollment placement decisions as set forth in Policy 5121 - Controlled Open Enrollment. Out-of-area assignment requests must be based on the following:

A. severe health problems of the student; and/or

B. other extraordinary hardships that would require a student to be placed in a school other than the

school serving the parents' residential area.

The Superintendent shall approve or disapprove out-of-area assignment requests. The Superintendent's decision is final and not subject to appeal.

Junior Reserve Officers' Training Corps

A student may also be permitted to attend another public high school in the District if the student wishes to participate in the Junior Reserve Officers' Training Corps (JROTC) and their public high school does not operate a unit of JROTC. In making their determination, the Superintendent must consider:

A. whether the high school the student attends offers a JROTC program;

B. whether the student meets the JROTC minimum enrollment qualifications; or

C. whether the student's course schedule allows the student to attend the JROTC program at another public high school.

© Neola 2017

Legal

F.S. 1000.05

F.S. 1001.41

F.S. 1002.20

F.S. 1002.31

F.S. 1003.06

Cross References

po5121 - CONTROLLED OPEN ENROLLMENT

ap5120 - ASSIGNMENT TO CLASS AND GRADE

Redline

Draft

BPS Current

5120 - ASSIGNMENT WITHIN DISTRICT

The Board directs that the assignment of students to schools within this District be consistent with the best interests of students and the best use of the resources of this District. The Board shall determine annually the school attendance areas of the District and shall expect the students within each area to attend the school so designated. The Board shall adhere to the rule-making requirements set forth in Bylaw 0131 and F.S. Chapter 120 when creating or revising school attendance boundaries.

The Superintendent shall periodically review existing attendance areas and recommend to the Board such changes as may be justified by:

A. considerations of safe student transportation and travel;

B. convenience of access to schools;

C. financial and administrative efficiency;

D. the effectiveness of the instructional program;

E. a wholesome and educationally sound balance of student populations.

No assignment to schools or attendance schedules shall discriminate against students on the basis of gender, race, religion, disability, or national origin.

The Superintendent or designee may assign a student to a school other than that designated by the attendance area when such exception is justified by circumstances and is in the best interest of the student.

The principal shall assign students in his/her school to appropriate grades, classes, or groups. This action shall be based on consideration of the needs of the student as well as the administration of the school.

Whenever possible and advisable in the interest of the students, siblings shall be assigned to the same school.

Language Bbelow proposed to move to new Policy 5121- Controlled Open Enrollment

Assistance to Transitioning Students from Military Families

Students of military families may be faced with numerous transitions during their school years. The District, in compliance with Florida law, will promote practices which assist the military families transitioning to Brevard County, develop and implement through a memorandum of agreement between the District and the local military installation, and provide special consideration first preference for admission under DistrctDistrict controlled open enrollment processes and who meet eligibility

requirements. to special academic programs for students of military families in transition who meet the eligibility requirements of the program.

Request for Educational Location Option

A student may be permitted to attend a school other than the school serving the parents/legal guardians’' residential area by completing an application for the approval or disapproval of the Assistant Superintendent of Equity, Innovation and Choice Director of School Choice who shall take into consideration in making the decision criteria, including but not limited to, the following:

A. severe health problems

B. small school status

C B... personal legal issues

D. racial integrity

E.DC. acceptance of parental/legal guardian/student responsibility for transportation, good

attendance, and acceptable behavior

F.ED. other hardships

Request for Educational Location Option for Nonresident Students

Students who are not residents of Brevard County may attend a school in the District upon compliance with Florida laws governing admission of students to the schools of the State. Such students may be assigned to schools by the Superintendent.

Approval of an educational location option assignment and/or approval for non-resident students must also meet the criteria for educational location option approval noted in Policy 7120/5121 and may not displace students who reside in the district.

Revocation of an Eeducational Llocation Ooption (EL0O) or Educational Program Opportunities (EPO) assignment/contract may be reinvoked for the following reasons:

A. Poor attendance, inappropriate behavior, unacceptable grades, or lack of academic effort by

the student.

B. Excessive tardies or late pick-up after school of the student.

C. Falsification of address or entrance documents.

Appeal Process for Denial of Educational Location Option

The District will implement established procedures for parent/legal guardians to appeal the denial of an educational location option assignment request. Parent/legal guardians must submit the District Appeal Form and supporting documentation to the Division of Equity, Innovation and ChoiceOffice of School Choice by stipulated deadline. A District Appeal Team will An appeal review of the submitted documentation will and determine if the appeal should be granted.

Participation in Educational Program Opportunity

An applicant must be a Florida District resident at time of application with documentation of and provide two (2) proofs of residency. The approval of a student to attend a school other than his/her zoned school of attendance for the purposes of attending an educational program opportunity is valid for as long as the student participates in said program at the identified school. AAn EPO student must return to his/her zoned school of attendance at the end of the semester if s/he no longer participates in the program.

The Superintendent shall develop and update as needed administrative procedures to implement this policy.

F.S. 1000.05, 1001.32, 1001.41, 1001.42, 1001.51, 1002.20, 1002.31, 1003.02, 1003. 03, 1003.05, 1003.06

Revised 4/22/08 Revised 4/28/09 Revised 4/27/10 Revised 6/24/10 Revised 6/14/11 Revised 2/23/16 Revised 7/10/18_________

© Neola 2010

Clean

Version

5120 - ASSIGNMENT WITHIN DISTRICT

The Board directs that the assignment of students to schools within this District be consistent with the best interests of students and the best use of the resources of this District.

The Board shall determine annually the school attendance areas of the District and shall expect the students within each area to attend the school so designated. The Board shall adhere to the rule-making requirements set forth in Bylaw 0131 and F.S. Chapter 120 when creating or revising school attendance boundaries. The Superintendent shall periodically review existing attendance areas and recommend to the Board such changes as may be justified by:

A. considerations of safe student transportation and travel;

B. convenience of access to schools;

C. financial and administrative efficiency;

D. the effectiveness of the instructional program;

E. a wholesome and educationally sound balance of student populations.

No assignment to schools or attendance schedules shall discriminate against students on the basis of gender, race, religion, disability, or national origin.

The Superintendent or designee may assign a student to a school other than that designated by the attendance area when such exception is justified by circumstances and is in the best interest of the student.

The principal shall assign students in his/her school to appropriate grades, classes, or groups. This action shall be based on consideration of the needs of the student as well as the administration of the school.

Whenever possible and advisable in the interest of the students, siblings shall be assigned to the same school.

Language below proposed to move to new Policy 5121- Controlled Open Enrollment

Assistance to Transitioning Students from Military Families

Students of military families may be faced with numerous transitions during their school years. The District, in compliance with Florida law, will promote practices which assist the military families transitioning to Brevard County, develop and implement through a memorandum of agreement between the District and the local military installation, and provide special consideration for admission under District controlled open enrollment processes and who meet eligibility requirements.

Request for Educational Location Option

A student may be permitted to attend a school other than the school serving the parent/legal guardians’ residential area by completing an application for the approval or disapproval of the Assistant Superintendent of Equity, Innovation and Choice shall take into consideration in making the decision criteria, including but not limited to, the following:

A. severe health problems

B. personal legal issues

C. acceptance of parental/legal guardian/student responsibility for transportation, good

attendance, and acceptable behavior

D. other hardships

Request for Educational Location Option for Nonresident Students

Students who are not residents of Brevard County may attend a school in the District upon compliance with Florida laws governing admission of students to the schools of the State.

Approval of an educational location option assignment and/or approval for non-resident students must also meet the criteria for educational location option approval noted in Policy 7120/5121 and may not displace students who reside in the district

Revocation of an Educational Location Option (ELO) or Educational Program Opportunities (EPO) assignment/contract may be revoked for the following reasons:

A. Poor attendance, inappropriate behavior, unacceptable grades, or lack of academic effort by

the student.

B. Excessive tardies or late pick-up after school of the student.

C. Falsification of address or entrance documents.

Appeal Process for Denial of Educational Location Option

The District will implement established procedures for parent/legal guardians to appeal the denial of an educational location option assignment request. Parent/legal guardians must submit the District Appeal Form and supporting documentation to the Division of Equity, Innovation and Choice by stipulated deadline. An appeal review of the submitted documentation will determine if the appeal should be granted.

Participation in Educational Program Opportunity

An applicant must be a Florida resident at time of application with documentation of residency. The approval of a student to attend a school other than his/her zoned school of attendance for the purposes of attending an educational program opportunity is valid for as long as the student participates in said program at the identified school. An EPO student must return to his/her zoned school of attendance at the end of the semester if s/he no longer participates in the program.

The Superintendent shall develop and update as needed administrative procedures to implement this policy.

F.S. 1000.05, 1001.32, 1001.41, 1001.42, 1001.51, 1002.20, 1002.31, 1003.02, 1003. 03, 1003.05, 1003.06

Revised 4/22/08 Revised 4/28/09 Revised 4/27/10 Revised 6/24/10 Revised 6/14/11 Revised 2/23/16 Revised _________

© Neola 2010