5113 - SCHOOLS OF CHOICE PROGRAM (Inter-District)

Mt. Clemens Community Schools

Bylaws & Policies

5113 - SCHOOLS OF CHOICE PROGRAM (Inter-District)

As authorized by Sections 105 and 105c of the Michigan State School Aid Act, the Mount Clemens Community School District will accept applications for enrollment from nonresident students who reside within the Macomb County Intermediate School District, or within contiguous intermediate school districts. The Mount Clemens Community Schools District will operate a School of Choice program in accordance with current Michigan State law. The following provisions apply tot he School of Choice program.

DEFINITIONS

	A.	Constituent District
		A District located within the Macomb ISD.
	B.	Home District
		A section 105 nonresident student's home district shall be within a school district located within the ISD. A section 105c nonresident student's home district shall be within a school district located within a contiguous ISD.
	C.	Constituent-District Student
		A student who is a legal resident or otherwise legally entitled to attend school in another school district within the ISD who does not have a parent residing in the District and who seeks admission to this District under Schools of Choice.
	D.	Program Size
		The enrollment or size restrictions in a specific program, course, class or building. The District reserves the exclusive right to establish program size and to limit enrollment based upon the capability to properly allocate available resources, create and maintain a proper learning environment, and comply with contracts, grants, applicable laws and regulations.
	E.	Resident Student
		A student who is a legal resident of this District.
	F.	Tuition Student
		A student who resides outside the District and has enrolled or seeks to enroll in this District upon payment of the established tuition fee.

The Board shall review this decision annually based on information provided by the Superintendent concerning the availability of space in each of the District's schools and programs. The Board shall determine by June 1st whether or not it will accept applications for enrollment by nonresident students for the next school year.

INTER-DISTRICT SECTION 105 AND 105C SCHOOLS OF CHOICE

Open enrollment for Section 105 and 105c "out of district" school of choice enrollments for the first semester. All grade levels, all school buildings and all special programs will be included in the schools of choice program, during the first semester of each school year. An application for enrollment in the schools of choice program may be filed at the building in which Section 105 or 105c schools of choice enrollment is desired, during normal business hours, in the open enrollment period, which begins fifteen (15) calendar days before the first day of classes, and continues until the end of the first week of school. The Assistant Superintendent of Pupil Personnel Services shall provide building enrollment personnel with the exact date of the student membership count in each subsequent year for distribution to the public. Inter-district school of choice enrollment is subject to availability of space and subject to the terms and conditions contained in these guidelines.

All of the following apply to accepting applications for and enrollment of nonresidents in that grade, school, or program:

The District shall do all of the following not later than the second Friday in July of each year:

			a.	A notice in substantially the following form, which may also include an appropriate promotional advertisement of the District's Schools of Choice program, and in any font face, style and type size satisfactory to the Superintendent, may be published one (1) time in the Macomb Daily, and/or the Detroit News, and/or the Free Press, and/or the Michigan Chronicle, four (4) legal newspapers in general circulation in the School District, announcing the School of Choice option(s) and the grades, schools, and special programs for which enrollment may be available to, and for which applications will be accepted from, nonresident applicants during the first semester of the school year.
			b.	In addition, the Superintendent may at his/her option cause the notice provided for herein to be announced at least one (1) time during normal business hours, on any date prior to the date for open enrollment, on any two (2) radio stations to be selected by the Superintendent, for purposes of promoting and advertising the Mount Clemens Community School District "Schools of Choice" program.
			c.	At least one (1) time prior to the end of each school year, the administration may also cause each school building in the District to publish the following notice in its school newsletters and publications, that a School of Choice program will be operated and provide information on how to participate in the program.

	Mount Clemens Community Schools
	First Semester – Schools of Choice Program

	Under Section 105 and 105c of the State School Act, Mount Clemens Community Schools will accept students who wish to enroll in classes in the School District under the Schools of Choice program during the first semester, in all grade levels, all school buildings and all educational programs, subject to availability of space. Applications are available from either the office of the Assistant Superintendent for Pupil Personnel Service, 167 Cass Avenue, Mount Clemens, Michigan 48043, or from the principal's office at each school building in the District. Applications from "out of district" students will be accepted during the first semester of the upcoming school year beginning fifteen (15) days prior to the first day of classes and continuing until the end of the first week of school. No "out of district" schools of choice enrollments will be accepted or processed after the closing date.

	Mount Clemens Community Schools complies with all Federal laws and regulations prohibiting discrimination and with all requirements and regulations of the United States Department of Education. It is the policy of the Mount Clemens Community Schools that no person be excluded from participation in, or be denied the benefits of, or be subjected to discrimination in connection with any program or activity for which it is responsible, or for which it receives financial assistance from the United States Department of Education, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status, English proficiency, disability, height, weight, political affiliation or belief.

A person desiring to enroll a student in the Mount Clemens Schools of Choice Program, shall complete and file in a timely manner, a supplemental application.

	B.	Open Enrollment for Section 105 and 105c9 "out of district" school of choice enrollments for the second semester. All grade levels, all school buildings and all special programs will be included in the schools of choice program, during the last two (2) weeks of the second semester of each school year. An application for enrollment in the schools of choice program may be filed at the building in which Section 105 or 105c schools of choice enrollment is desired, during normal business hours, in the open enrollment period in the last two (2) weeks of the first semester. Students must be enrolled by the first day of the second semester. Applications for schools of choice enrollment may be submitted to the building in which enrollment is desired. Inter-district school of choice enrollment is subject to availability of space and subject to the terms and conditions contained in this policy.
		All of the following apply to accepting applications for an enrollment of nonresidents in that grade, school, or program:

1. The District shall do all of the following not later than the second Friday in December of each year:

			a.	A notice in substantially the following form, which may include an appropriate promotional advertisement of the District's Schools of Choice program, and in a font face, style and type size satisfactory to the Superintendent, may be published one (1) time in the Macomb Daily, and/or the Detroit News, and/or the Free Press, and/or the Michigan Chronicle, four (4) legal newspapers in general circulation in the School District, announcing the School of Choice option(s) and the grades, schools, and special programs for which enrollment may be available to, and for which applications will be accepted from nonresident applicants during the first semester of the school year.
			b.	In addition, the Superintendent may at his/her option cause the notice provided for herein to be announced at least one (1) time during normal business hours, on two (2) radio stations to be selected by the Superintendent, for purposes of promoting and advertising the Mount Clemens Community School District "Schools of Choice" program.
			c.	At least one (1) time prior to the December recess, the administration may also cause each school building in the District to publish notice in its school newsletters and publications, that a School of Choice program will be operated and provide information on how to participate in the program.

	Mount Clemens Community Schools
	Second Semester – Schools of Choice Program

	Under Section 105 and 105c of the State School Act, Mount Clemens Community Schools will accept students who wish to enroll in classes in the School District under the Schools of Choice program during the second semester, in all grade levels, all school buildings and all educational programs, subject to availability of space. Applications are available from either the Superintendent's office, 167 Cass Avenue, Mount Clemens, Michigan 48043, or from the principal's office at each school building in the District. An application for enrollment in the schools of choice program may be filed at the building in which Section 105 or 105c schools of choice enrollment is desired, during normal business hours, in the open enrollment period in the last two (2) weeks of the first semester. Students must be enrolled by the first day of the second semester. No "out of district" schools of choice enrollments in the High School and Middle School will be accepted or processed after the closing date.

Mount Clemens Community Schools complies with all Federal laws and regulations prohibiting discrimination and with all requirements and regulations of the United States Department of Education. It is the policy of the Mount Clemens Community Schools that no person be excluded from participation in, or be denied the benefits of, or be subjected to discrimination in connection with any program or activity for which it is responsible, or for which it receives financial assistance from the United States Department of Education, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status, English proficiency, disability, height, weight, political affiliation or belief.

2. A person desiring to enroll a student in the Mount Clemens Schools of Choice Program, shall complete and file in a timely manner, a supplemental application.

	C.	A nonresident applicant shall not be granted or refused enrollment based on intellectual, academic, artistic, or other ability, talent, or accomplishment, or lack thereof, or based on a mental or physical disability, except that Mount Clemens Community Schools may refuse to admit a nonresident applicant if the applicant does not meet the same criteria, other than residence, that an applicant who is a resident of the District must meet to be accepted for enrollment in a grade or a specialized, magnet, or intra-district choice school or program to which the applicant applies.
	D.	An applicant shall not be granted or refused enrollment based on age, except that the District may refuse to admit a nonresident applicant applying for a program that is not appropriate for the age of the applicant. The District may also refuse to enroll a student who does not have sufficient credits for placement at an age appropriate grade level. An applicant shall not be granted or refused enrollment based upon religion, race, color, national origin, sex, height, weight, marital status, or athletic ability, or, generally, in violation of any State or Federal law prohibiting discrimination. Any applicant who believes that s/he has been discriminated against, in the application or interpretation of the schools of choice program, in violation of any State or Federal law, has the right to file a written complaint with the School Superintendent.
	E.	All students who are residents of the District, and all students who are non-residents, but enrolled in a District educational program under the "schools of choice" program, will be assigned annually to a "home school" based on the Mount Clemens Community Schools transportation and building assignment policy. If parents would rather their child attend another school, application may be made for transfer from one building/program to another Mount Clemens School District building or program, in accordance with school policy, but only during the "window period" designated for such transfers, and only in accordance with the District's "intra-district building/program" transfer policy.
	F.	Assignment to a particular classroom and to a particular teacher is the prerogative of the building staff. Both intra-district and inter-district choice will be limited by adequate classroom seating. The School District annually determines the number of classes to be offered at each grade level, and the number of students to be enrolled in each class. In the event that requests for enrollment, exceed space available in the particular building, then the Superintendent shall have sole discretion and authority to limit intra-district, intra-building and/or intra-program transfers in whatever manner s/he deems to be in the best interests of the school's educational program.
	G.	Choice must be made for the full school year, beginning in the fall and ending in the spring. Persons wishing to enroll a student in the Schools of Choice program shall complete and file a copy of the application form attached hereto and incorporated herein by reference.
	H.	If the Superintendent determines that the number of applicants for a particular school exceeds the classroom space available, a random drawing will be used to ensure equal opportunity for all applicants. Rank order, determined by the random selection process, will not carry over from year to year. Slots in the home school are not given up until the parents accept (in writing) the child's assignment to the school of choice.

I. Special Education programs and services for handicapped students are regulated by legislation and administrative rules that determine placement of those programs and services. Placement in a school program is regulated by Rule 340.1722(1) of the Revised Administrative Rules for Special Education. The choice of program and location options are detailed within the continuum of the Macomb County Intermediate School District's plan for the delivery of Special Education services. If the School District enrolls a nonresident student, pursuant to this section, who is eligible for special education programs and services according to statute or rule, or who is a child with disabilities, as defined under the Individuals with Disabilities Education Act, Title VI of Public Law 91-230, the District shall be considered to be the resident district of the student for the purpose of providing the student with a free appropriate public education. Consistent with State and Federal law, that district is responsible for developing and implementing an individualized education plan annually for a nonresident student described in this subsection.

		1.	In order for the Mount Clemens Community School District to enroll a nonresident student who is not a resident of the Macomb Intermediate School District, but who is resident of a contiguous intermediate school district who is eligible for special education programs and services or who is a child with disabilities as defined by IDEA, the District must have a written agreement with the student's district of residence for the purpose of providing the student with a free appropriate public education. The written agreement shall include, but is not limited to, an agreement on the responsibility for the payment of the added costs of special education programs and services for the student. Enrollment of special education students may also be limited by classroom space available, just as it is for regular education students.
		2.	The Mount Clemens Community School District is responsible for all aspects for a special education student's program, if the special education student resides within the Macomb County Intermediate School District, and is enrolled in Mount Clemens Community Schools through the schools of choice process. Transportation may be provided for some special education students, only if transportation is provided for by the student's Individualized Education Plan (IEP).
		3.	If the Mount Clemens Community School District enrolls a special education student for whom it does not have a special education program to meet the needs of a student with disabilities, it will not be required to develop a new program. However, in that case, Mount Clemens Schools is responsible for developing and implementing an IEP for the student and placing the student in the appropriate program. The program may be within a different local school district in the ISD or in an ISD-run program.

	J.	Transportation will not be provided by the Mount Clemens Community Schools to any schools of choice students, except where specifically required by State or Federal law. Information about available transportation will be provided at the time nonresident students enroll. Parents who provide transportation for their students will be expected to have their children at school on time in the morning and pick them up on time in the afternoon in accordance with District policy.
	K.	All existing standards of racial/ethnic, gender and other appropriate demographic integration within the School District, and at each building in the District, will be maintained.
	L.	The District will give preference to nonresident applicants who were enrolled in the Mount Clemens Community School District during the prior school year and to other school-age children residing in the same household.
	M.	Preference will also be given to families who lived in the Mount Clemens Community School District and then moved to another district.
	N.	If a School of Choice student has siblings or others living in the same household who are of school age, and would be eligible to attend the District, those students will be given preference, subject to available class space, for enrollment in those programs that have been identified as part of the School of Choice program.
	O.	Nonresident students who are accepted in any given year may continue to attend the Mount Clemens Community Schools each and every year thereafter, in accordance with MCLA 388.91a, until the student graduates from high school even if the District ceases to participate in the schools of choice program, or the intermediate schools program is discontinued, even in grades that are non-School of Choice grades, as long as their enrollment is continuous. Should a student withdraw from the School District, the student's "school of choice" election will terminate, and a new application must be filed during an open enrollment period, if the student wishes to return to Mount Clemens Community Schools. Non-resident and resident students who move from the District after the February student count day will be permitted to remain in the District for the balance of the school year, and for the balance of the school year, regardless of the date the student moved from the District, if the student will be eligible for graduation at the end of the student's senior year.
	P.	If a nonresident student was enrolled in and attending school in the Mount Clemens Community School District as a nonresident student and continues to be enrolled continuously each school year in the District, the District shall allow that nonresident student to continue to enroll in and attend school in the District until high school graduation, without requiring the nonresident student to apply for enrollment under this section. This subsection does not prohibit the Mount Clemens School District from expelling a student described in this subsection for disciplinary reasons.
	Q.	If a non-resident School of Choice student is expelled from Mount Clemens Community Schools for violation of any State law, or the School Code of Conduct, upon expiration of the expulsion, the student will not be re-admitted to the School District. If the student is reinstated pursuant to State law, the student will be released to his/her home district.
	R.	Mount Clemens Community Schools will not permit any non-resident student, to enroll as a "schools of choice" student, if, at the time the application for non-resident admission is submitted to the District, the student is suspended or expelled from any other school district for violation of any code of conduct, or State statute; or is currently involved in an administrative disciplinary proceedings at any school district for an offense that might result in suspension or expulsion, or who has voluntarily or involuntarily left any school district in order to avoid any such administrative proceedings. The parent, guardian or other legal custodian enrolling a student in the District's Schools of Choice program shall certify that the student is not at the time of application suspended or expelled from any other district, or otherwise in violation of this provision.
	S.	Any student who has been permanently expelled from any school district in the State of Michigan for violation of State statute, School Board policy or Code of Conduct, or any of these, for any of the following offenses shall not be eligible for enrollment in Mount Clemens Community Schools:

		1.	student on student assault, or student on school employee assault;
		2.	use, possession or sales of illegal drugs, including any amount of marijuana;
		3.	illegal possession of a firearm or other dangerous weapon as defined by State and Federal law, or for making a bomb threat;
		4.	committing arson in a school building or on school grounds.

Any Schools of Choice student expelled from Mount Clemens Community Schools for any of these offenses shall not be eligible for re-enrollment upon conclusion of the expulsion.

	T.	Students who, within the preceding two (2) years, have been suspended or expelled from a school district, or who has withdrawn from any other district, voluntarily or involuntarily, in order to avoid suspension or expulsion, may be enrolled in the schools of choice program ONLY with the prior written approval of the Superintendent and only after the Superintendent has determined that admission of such student will not disrupt the regular day program.
	U.	In accordance with MCLA 388.1691c a student who transfers to the Mount Clemens Community School District under this schools of choice program is ineligible to participate in interscholastic athletic competition for a period of one (1) semester from the date the student transfers.
	V.	In order to make an informed choice of schools, individual questions may be direct to one (1) of the following:

		1.	Assistant Superintendent for Human Resources and Pupil Personnel Services at the administration building, 469-6100, extension 1220; or
		2.	the principal of any of the school buildings.

RELEASE OF RESIDENT STUDENTS

	A.	The Board shall release any resident student who wishes to apply for enrollment in a constituent district under its Schools of Choice program. The Superintendent shall ensure that the records of a resident student who transfers to a constituent district are sent promptly to the other district
	B.	The Superintendent shall inform the State Department of Education should the number of resident students transferring to constituent districts under a Schools of Choice program exceed ten percent (10%) of the District's resident student population.

M.C.L.A. 388.1705
PA 300, 1996, as amended

Adopted 6/24/97