Participation. The Burlington Community School District shall participate in open enrollment, both as a receiving district and as a sending district, pursuant to the Open Enrollment Act and the
rules of the Iowa Department of Education.

Procedures As A Receiving District

Application.

Parents and guardians of nonresident students who wish to enroll their children in the Burlington Community School District must file an application on the form provided by the Department of Education and available in the Superintendent’s office with both the student’s resident district and with the Burlington District by March 1, and September 1 for kindergarten students, preceding the school year in which enrollment is sought, unless “good cause” exists for not timely filing. Applications may be filed after March 1 but no later than September 1 of the school year in which enrollment is first sought in the Burlington District for a child who is a kindergarten student.

District Action.

The Burlington Board of Directors (or the Superintendent if delegated authority under Code 105.2) shall act no later than June 1 to accept or reject applications to open enroll into the District which were filed by March 1, or the Board (or the Superintendent if delegated authority under Code 105.2) shall act within thirty calendar days if the application was filed after June 1. The District shall then provide notice to the student’s resident district, to the student’s parents or guardians, and to the Iowa Department of Education within five calendar days of the Board (or Superintendent) action.

Regular Application.

The Burlington Superintendent shall take action to approve or disapprove open enrollment of nonresident students in accordance with the open enrollment policy and regulations. All appeals must be made to an Iowa District Court unless the application for open enrollment claims harassment or if the child has a serious health condition that the resident district cannot adequately address. Appeals should be filed in district court in the county in which the district’s administrative office is located. The State Board of Education does not hear appeals unless one of the follow claims was made as a basis for good cause. a) child has serious health condition b) child has experienced pervasive harassment. If the application is denied by the resident district for either of these reasons,
the parent/guardian may appeal to the local board of directors. If an application is denied by the local board of directors, the applicant may appeal to the State Board of Education. The letter of appeal must be postmarked within 30 days of the board decision.

Requests for transfer into the District by nonresident students under the Open Enrollment Act will be considered with special preference given to siblings of a student already enrolled in the Burlington District. In the event siblings of currently enrolled students submit requests, or in the event siblings applying for first time enrollment in the District
submit requests, and sufficient classroom space does not exist in one or more of the grades requested, the Board in its sole discretion (or the Superintendent in his or her discretion) may waive the criterion for sufficient classroom space in order to prevent the division of siblings between two school districts.

If the student has been suspended or expelled by the sending district, the District may refuse the request for transfer until the student has been reinstated in the sending district.

If the application for enrollment is for a student requiring special education, the request shall be granted only if the Burlington District has a special education program which will provide an appropriate instructional program to meet the student’s educational needs. This determination shall be made by the Burlington District administration after consultation with the sending district and with the Area Education Agency before approval of the application.

Other Applications.

The Burlington Superintendent shall take action to approve or disapprove open enrollment applications into the District in the following situations:

  1. The application alleges the student was the victim of repeated acts of harassment in another district; or
  2. The application alleges the student has a serious health condition which another district cannot adequately address.

All appeals must be made to an Iowa District Court unless the application for open enrollment claims harassment or if the child has a serious health condition that the resident district cannot adequately address. Appeals should be filed in district court in the county in which the district’s administrative office is located. The State Board of Education does not hear appeals unless one of the follow claims was made as a basis for good cause. a) child has serious health condition b) child has experienced pervasive harassment. If the application is denied by the resident district for either of these reasons, the parent/guardian may appeal to the local board of directors. If an application is denied by the local board of directors, the applicant may appeal to the State Board of Education.
The letter of appeal must be postmarked within 30 days of the board decision.

Alternative Receiving District.

The parent or guardian may withdraw the open enrollment application prior to the start of the school year. The student may be enrolled in the student’s resident district at any time. If a child is open enrolled into the Burlington District and the parent or guardian wishes to enroll the child in another district which is not the child’s resident district (an
“alternative receiving district”), a letter requesting the alternate district must be filed by the parent or guardian with the Burlington District. If the application is filed by March 1, preceding the school year for which the transfer is sought, the Superintendent shall approve the application. If the application is not filed by March 1 and good cause does not exist for failure to meet the March 1 deadline, the Board or the Superintendent may deny the application. Approval of an application is subject to approval of the alternative receiving district.

Continuation Students.

If, after open enrolling into the Burlington District, the student moves to another district and the parents or guardians wish the student to continue to be enrolled in the Burlington District, the parents or guardians shall notify the original district of residence, the Burlington District, and the new district of residence.

If a resident student moves out of the Burlington District and the parents or guardians wish the student to continue to be enrolled in the Burlington District, the parents or guardians shall notify the new district of residence and the Burlington District, except that students who are juniors or seniors need not file such an application but need only notify the Burlington District.

Insufficient Classroom Space.

The Burlington District may refuse to enroll a nonresident student because of a lack of sufficient space which, for purposes of this regulation, shall mean conditions exist which adversely affect the District’s ability to implement the educational philosophy and program of the District. The Board shall determine whether there is sufficient space
giving consideration to such factors as the grade level, available personnel, educational program, instructional methods, physical space, pupil-teacher ratio, equipment and materials available, finances available, collective bargaining obligations, projected enrollment and facility needs, and District goals and objectives. (See Code No. 105.3.)

Attendance Center.

The Burlington District has the authority to determine which attendance center students shall attend.

Transportation.

The parents or guardians of students enrolled in the Burlington District pursuant to this regulation, including students who are continuation students and students requiring special education, shall be responsible for transporting their students without reimbursement to and from a point on a regular school bus route of the Burlington District unless the parents or guardians financially qualify for transportation assistance under the rules of the Iowa Department of Education. (See Code 105.4.)

Procedures As a Sending District.

Application.

Parents and guardians of students who are residents of the Burlington Community School District who wish to enroll their children in another district in the State of Iowa under the Open Enrollment Act must file an application on the form provided by the Iowa Department of Education and available in the Superintendent’s office with both the Burlington District and with the desired receiving district by March 1 for all but
kindergarten students who have until September 1, preceding the school year in which enrollment is sought unless “good cause” exists for not timely filing. Applications may be filed after March 1 but no later than September 1 of the school year in which enrollment is first sought if the child is a kindergarten student.

District Actions.

Generally, the Burlington District takes no action on applications for resident students to open enroll out of the Burlington District to another district.

The Burlington Superintendent shall take action to approve or disapprove open enrollment applications out of the District in the following situations:

  1. The application alleges there is good cause not to meet the March 1
    deadline; or
  2. The application alleges the student was the victim of repeated acts of harassment in the Burlington District; or
  3. The application alleges the student has a serious health condition which the Burlington District cannot adequately address.

In such situations, the Burlington Superintendent will act on the application within 30 calendar days. If the Superintendent denies the application, all appeals must be made to an Iowa District Court unless the application for open enrollment claims harassment or if the child has a serious health condition that the resident district cannot adequately
address. Appeals should be filed in district court in the county in which the district’s administrative office is located. The State Board of Education does not hear appeals unless one of the follow claims was made as a basis for good cause. a) child has serious health condition b) child has experienced pervasive harassment. If the application is denied by the resident district for either of these reasons, the parent/guardian may appeal to the local board of directors. If an application is denied by the local board of directors, the applicant may appeal to the State Board of Education. The letter of appeal must be postmarked within 30 days of the board decision.

Good Cause Exception.

For purposes of this regulation, “good cause” for failure to meet the March 1 application deadline means (1) a change in the status of a child’s residence after March 1, including:

a. Family moved to a new district of residence (including a move from another state)
b. Change in student’s district of residence due to parents’ martial status
c. Change in student’s district of residence due to placement in foster care
d. Change in student’s district of residence due to adoption
e. Change in student’s district of residence due to treatment program for substance abuse mental health
f. Participation in foreign exchange program
g. Failure of negotiations for reorganization or while grade sharing
h. Loss of accreditation or revocation of a private or charter school
i. Pervasive harassment or severe health


First Adoption:
1989-04-21
Revision Adoption:
March 12, 2016/ January 13, 2008/ February 10, 2013
Reviewed Dates:
December 12, 2021