A.R.S. tit. 15 ch. 8 — Arizona Revised Statutes Title 15 Chapter 8 — School Attendance

15-801. Holidays When July 4, Veterans' Day, December 25 or Thanksgiving Day occurs within the school week, the schools shall be closed and the compensation of the teachers shall not be diminished on that account. School district governing boards may declare a recess during the Christmas holiday season of not to exceed two school weeks, and teachers shall receive compensation during the recess. 15-802. School instruction; exceptions; violations; classification; definitions A. Every child between the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science. The person who has custody of the child shall choose a public, private or charter school or a homeschool as defined in this section to provide instruction or shall sign a contract to participate in an Arizona empowerment scholarship account pursuant to section 15-2402. B. The parent or person who has custody shall do the following: 1. If the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a public, private or charter school for the full time school is in session. In accordance with guidelines adopted by the department of education, school districts and charter schools shall require and maintain verifiable documentation of residency in this state for pupils who enroll in the school district or charter school. If a child attends a school that is operated on a year-round basis, the child shall regularly attend during school sessions that total not less than one hundred eighty school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction. 2. If the child will attend a private school or homeschool, file an affidavit of intent with the county school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a homeschool. The affidavit of intent shall include: (a) The child's name. (b) The child's date of birth. (c) The current address of the school the child is attending. (d) The names, telephone numbers and addresses of the persons who currently have custody of the child. 3. If the child will attend homeschool, the child has not reached eight years of age by September 1 of the school year and the person who has custody of the child does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person who has custody of the child does not desire to begin homeschool instruction. C. An affidavit of intent shall be filed within thirty days from the time the child begins to attend a private school or homeschool and is not required thereafter unless the private school or the homeschool instruction is terminated and then resumed. The person who has custody of the child shall notify the county school superintendent within thirty days of the termination that the child is no longer being instructed at a private school or a homeschool. If the private school or homeschool instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days. D. A person is excused from the duties prescribed by subsection A or B of this section if any of the following is shown to the satisfaction of the school principal or the school principal's designee: 1. The child is in such physical or mental condition that instruction is inexpedient or impracticable. 2. The child has completed the high school course of study necessary for completion of grade ten as prescribed by the state board of education. 3. The child has presented reasons for nonattendance at a public school that are satisfactory to the school principal or the school principal's designee. For the purposes of this paragraph, the principal's designee may be the school district governing board. 4. The child is over fourteen years of age and is employed, with the consent of the person who has custody of the child, at some lawful wage earning occupation. 5. The child is enrolled in a work training, career education, career and technical education, vocational education or manual training program that meets the educational standards established and approved by the department of education. 6. The child was either: (a) Suspended and not directed to participate in an alternative education program. (b) Expelled from a public school as provided in article 3 of this chapter. 7. The child is enrolled in an education program provided by a state educational or other institution. E. Unless otherwise exempted in this section or section 15-803, a parent of a child between six and sixteen years of age or a person who has custody of a child, who does not provide instruction in a homeschool and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section or fails to sign a contract to participate in an empowerment scholarship account pursuant to section 15-2402 is guilty of a class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a homeschool is guilty of a petty offense. F. If a child will be educated pursuant to an empowerment scholarship account pursuant to section 15-2402, the department of education shall provide a list of students participating in empowerment scholarship accounts to the school superintendent of the county where the pupil resides. G. For the purposes of this section: 1. "Educated pursuant to an empowerment scholarship account" means a child whose parent has signed a contract pursuant to section 15-2402 to educate the child outside of any school district or charter school and in which the parent may but is not required to enroll the child in a private school or to educate the child through any of the methods specified in section 15-2402. 2. "Homeschool" means a nonpublic school conducted primarily by the parent, guardian or other person who has custody of the child or nonpublic instruction provided in the child's home. 3. "Private school" means a nonpublic institution, other than the child's home, where academic instruction is provided for at least the same number of days and hours each year as a public school. 15-802.01. Homeschooled children; eligibility to participate in interscholastic activities A. Notwithstanding any other law, a child who resides within the attendance area of a public school and who is homeschooled shall be allowed to try out for interscholastic activities on behalf of the public school in the same manner as a pupil who is enrolled in that public school. Registration, age eligibility requirements, fees, insurance, transportation, physical condition, qualifications, responsibilities, event schedules, standards of behavior and performance policies for homeschooled students shall be consistent with those policies established for students enrolled in that public school. The individual providing the primary instruction of a child who is homeschooled shall submit written verification that provides: 1. Whether the student is receiving a passing grade in each course or subject being taught. 2. Whether the student is maintaining satisfactory progress towards advancement or promotion. B. A child who is homeschooled and who was previously enrolled in a public, private or charter school shall be ineligible to participate in interscholastic activities for the remainder of the school year during which the child was enrolled in a school. C. A school district shall not contract with any private entity that supervises interscholastic activities if the private entity prohibits the participation of homeschooled children in interscholastic activities at public, private or charter schools. 15-803. School attendance; exemptions; definitions A. It is unlawful for any child who is between six and sixteen years of age to fail to attend school during the hours school is in session, unless either: 1. The child is excused pursuant to section 15-802, subsection D or section 15-901, subsection A, paragraph 5, subdivision (c). 2. The child is accompanied by a parent or a person authorized by a parent. 3. The child is provided with instruction in a homeschool. B. A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible child as defined in section 8-201. Absences may be considered excessive when the number of absent days exceeds ten per cent of the number of required attendance days prescribed in section 15-802, subsection B, paragraph 1. C. For the purposes of this section: 1. "Habitually truant" means a truant child who is truant for at least five school days within a school year. 2. "Truant" means an unexcused absence for at least one class period during the day. 3. "Truant child" means a child who is between six and sixteen years of age and who is not in attendance at a public or private school during the hours that school is in session, unless excused as provided by this section. 15-804. Attendance officer; appointment; salary A. The governing board of a school district may appoint an attendance officer for the school district. The salary of the attendance officer shall be fixed by the governing board and paid from the funds of the school district. B. If in the opinion of the governing boards of two or more school districts one officer will adequately serve such districts, such officer may be appointed by the districts jointly. His salary may be apportioned as the governing boards provide and shall be paid from the funds of the school districts. 15-805. Attendance officer; powers and duties A. The attendance officer may enforce the law relating to: 1. School attendance of children between the ages of six and sixteen years. 2. The provisions of section 15-802, subsection E, and section 15-803. 3. Employment of children between the ages of six and sixteen years. B. The attendance officer may: 1. Issue a citation to an adult or child who is alleged to be in violation of laws specified in subsection A of this section to appear before a court of competent jurisdiction and shall advise the person to whom the citation is issued that failure to appear at the time and place specified in the citation may result in the issuance of a warrant for the person's arrest. A citation that is issued to a child under eighteen years of age shall require the child's parent or person having custody to appear with the child at the time and place specified in the citation. The attendance officer shall notify the child's parent or person having custody that the citation was issued and that the parent or person having custody is required to appear in court with the child and shall give proof of the notice to the court. 2. Issue a citation on an Arizona traffic ticket and complaint form for any violation of laws specified in subsection A of this section. 3. Report a violation of a law specified in subsection A of this section to the local law enforcement agency and request an investigation of the violation. The law enforcement agency shall, when sufficient cause exists, refer the matter for prosecution. 4. Enter all places where children may be employed to investigate and enforce the law. 15-806. Excuse from school attendance A. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils for religious purposes. The policy may permit a pupil to be excused from school attendance for religious purposes, including participation in religious exercises or religious instruction. If the policy permits a pupil to be excused for religious purposes, the policy shall stipulate the conditions under which the excuse will be granted. These conditions shall include at least the following: 1. The person who has custody of the pupil has given written consent. 2. Any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group. B. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils from school attendance. The policy shall require the school district to apply to the department of education for authorization of school closure for the following reasons: 1. Widespread illness for any period of three consecutive days or more. 2. Adverse weather conditions for any period of three consecutive days or more. 3. Concerted refusal by students to attend classes for any period of three consecutive days or more. 4. Threats of violence against school property, school personnel or pupils for any period of one day or more. 5. Situations affecting the safety of persons or property resulting from fire, flooding or floodwater, an earthquake, a hazardous material event or another cause if approved by the department of education. 15-807. Absence from school; notification of parent or person having custody of pupil; immunity; excused absence A. If a pupil in a kindergarten program or in any of grades one through eight is absent from school without excuse as provided in this article or without notice to the school in which the pupil is enrolled of authorization of the absence by the parent or other person who has custody of the pupil, the school in which the pupil is enrolled shall make a reasonable effort to promptly telephone and notify the parent or other person who has custody of the pupil of the pupil's absence from school: 1. Within two hours after the first class in which the pupil is absent for a pupil in a kindergarten program or in any of grades one through six. 2. Within two hours after the first class in which the pupil is absent for a pupil in grade seven or eight if the first class in which the pupil is absent is the pupil's first class of the school day. 3. Within five hours after the first class in which the pupil is absent for a pupil in grade seven or eight if the first class in which the pupil is absent is after the pupil's first class of the school day. B. On or before the enrollment of a pupil in a kindergarten program or in any of grades one through eight, the school district shall notify the parent or other person who has custody of the pupil: 1. Of the parent's or other person's responsibility to authorize any absence of the pupil from school and to notify the school in which the pupil is enrolled in advance or at the time of any absence. 2. That the school district requires the parent or other person who has custody to provide at least one telephone number, if available, for purposes of this section. The school district shall require that the telephone number, if available, be given at the time of enrollment of the pupil in school and that the school of enrollment be promptly notified of any change in the telephone number. C. A school district, governing board members of a school district and employees or agents of a school district are not liable for failure to notify the parent or other person who has custody of a pupil of the pupil's absence from school as provided in this section. D. In identifying excused absences pursuant to section 15-901, subsection A, paragraph 1, the department of education shall identify an absence due to the mental or behavioral health of a pupil as an excused absence. The department may adopt guidelines and rules for the purposes of this subsection, including determining what constitutes an absence due to the mental or behavioral health of a pupil. 15-808. Arizona online instruction; reports; definitions A. Arizona online instruction shall be instituted to meet the needs of pupils in the information age. The state board of education shall select district public schools and state-approved charter authorizers shall sponsor charter schools to be online course providers or online schools. The state board of education and state-approved charter authorizers shall develop standards for the approval of online course providers and online schools based on the following criteria: 1. The depth and breadth of curriculum choices. 2. The variety of educational methodologies employed by the school and the means of addressing the unique needs and learning styles of targeted pupil populations, including computer-assisted learning systems, virtual classrooms, virtual laboratories, electronic field trips, e-mail, virtual tutoring, online help desk, group chat sessions and noncomputer-based activities performed under the direction of a certificated teacher. 3. The availability of an intranet or private network to safeguard pupils against predatory and pornographic elements of the internet. 4. The availability of filtered research access to the internet. 5. The availability of private individual e-mail between pupils, teachers, administrators and parents in order to protect the confidentiality of pupil records and information. 6. The availability of faculty members who are experienced with computer networks, the internet and computer animation. 7. The extent to which the school intends to develop partnerships with universities, community colleges and private businesses. 8. The services offered to populations with developmental disabilities. 9. The grade levels that will be served. B. Each new school that provides online instruction shall provide online instruction on a probationary status. After a new school that provides online instruction has clearly demonstrated the academic integrity of its instruction through the actual improvement of the academic performance of its students, the school may apply to be removed from probationary status. The state board of education or the state-approved charter authorizer that sponsored the charter school shall remove from Arizona online instruction any probationary school that fails to clearly demonstrate improvement in academic performance within three years measured against goals in the approved application and the state's accountability system. All pupils who participate in Arizona online instruction shall reside in this state. Pupils who participate in Arizona online instruction are subject to the testing requirements prescribed in chapter 7, article 3 of this title. On enrollment, the school shall notify the parents or guardians of the pupil of the state testing requirements. If a pupil fails to comply with the testing requirements and the school administers the tests pursuant to this subsection to less than ninety-five percent of the pupils in Arizona online instruction, the pupil shall not be allowed to participate in Arizona online instruction. C. The state board of education and state-approved charter authorizers shall develop annual reporting mechanisms for schools that participate in Arizona online instruction. D. The department of education shall compile the information submitted in the annual reports by schools participating in Arizona online instruction. The department of education shall submit the compiled report to the governor, the speaker of the house of representatives and the president of the senate by November 15 of each year. E. Each school selected for Arizona online instruction shall ensure that a daily log is maintained for each pupil who participates in Arizona online instruction. The daily log shall describe the amount of time spent by each pupil participating in Arizona online instruction pursuant to this section on academic tasks. The daily log shall be used by the school district or charter school to qualify the pupils who participate in Arizona online instruction in the school's average daily attendance calculations pursuant to subsection F of this section. F. If a pupil is enrolled in a school district or charter school and also participates in Arizona online instruction, the sum of the average daily membership, which includes enrollment as prescribed in section 15-901, subsection A, paragraph 1, subdivisions (a) and (b) and daily attendance as prescribed in section 15-901, subsection A, paragraph 5, for that pupil in the school district or charter school and in Arizona online instruction shall not exceed 1.0. If the pupil is enrolled in a school district or a charter school and also participates in Arizona online instruction and the sum of the daily membership or daily attendance for that pupil is greater than 1.0, the sum shall be reduced to 1.0 and shall be apportioned between the school district, unless the school district is a career technical education district subject to the apportionment requirements of section 15-393, or charter school and Arizona online instruction based on the percentage of total time that the pupil is enrolled or in attendance in the school district or charter school and Arizona online instruction. The uniform system of financial records shall include guidelines for the apportionment of the pupil enrollment and attendance as provided in this subsection. Pupils in Arizona online instruction do not incur absences for purposes of this subsection and may generate an average daily attendance of 1.0 for attendance hours during any hour of the day, during any day of the week and at any time between July 1 and June 30 of each fiscal year. For kindergarten programs and grades one through eight, average daily membership shall be calculated by dividing the instructional hours as reported in the daily log required in subsection E of this section by the applicable hourly requirements prescribed in section 15-901. For grades nine through twelve, average daily membership shall be calculated by dividing the instructional hours as reported in the daily log required in subsection E of this section by nine hundred. The average daily membership of a pupil who participates in online instruction shall not exceed 1.0. Average daily membership shall not be calculated on the one hundredth day of instruction for the purposes of this section. Funding shall be determined as follows: 1. A pupil who is enrolled full-time in Arizona online instruction shall be funded for online instruction at ninety-five percent of the base support level that would be calculated for that pupil if that pupil were enrolled as a full-time student in a school district or charter school that does not participate in Arizona online instruction. Charter additional assistance and district additional assistance shall be calculated in the same manner they would be calculated if the student were enrolled in a district or charter school that does not participate in Arizona online instruction. 2. A pupil who is enrolled part-time in Arizona online instruction shall be funded for online instruction at eighty-five percent of the base support level that would be calculated for that pupil if that pupil were enrolled as a part-time student in a school district or charter school that does not participate in Arizona online instruction. Charter additional assistance and district additional assistance shall be calculated in the same manner they would be calculated if the student were enrolled in a district or charter school that does not participate in Arizona online instruction. G. If the academic achievement of a pupil declines while the pupil is participating in Arizona online instruction, the pupil's parents, the pupil's teachers and the principal or head teacher of the school shall confer to evaluate whether the pupil should be allowed to continue to participate in Arizona online instruction. H. To ensure the academic integrity of pupils who participate in online instruction, Arizona online instruction shall include multiple diverse assessment measures and the proctored administration of required state standardized tests. I. A school district or charter school may not charge a fee to a pupil who takes an examination in a particular course to obtain academic credit, pursuant to section 15-701.01, subsection I, from the school district or charter school if the academic credit for a course was previously earned in an Arizona online instruction course or at any public school in this state. Any test administered pursuant to this subsection shall be an assessment that is aligned to the course-relevant state academic standards. J. For the purposes of this section: 1. "Full-time student" means: (a) A student who is at least five years of age before September 1 of a school year and who is enrolled in a school kindergarten program that meets at least three hundred forty-six hours during the school year. (b) A student who is at least six years of age before September 1 of a school year, who has not graduated from the highest grade taught in the school and who is regularly enrolled in a course of study required by the state board of education. For first, second and third grade students, the instructional program shall meet at least seven hundred twelve hours. For fourth, fifth and sixth grade students, the instructional program shall meet at least eight hundred ninety hours during the school year. (c) Seventh and eighth grade students or ungraded students who are at least twelve, but under fourteen, years of age on or before September 1 and who are enrolled in an instructional program of courses that meets at least one thousand sixty-eight hours during the school year. (d) For high schools, a student who has not graduated from the highest grade taught in the school district, or an ungraded student who is at least fourteen years of age on or before September 1, and who is enrolled in at least four courses throughout the year that meet at least nine hundred hours during the school year. A full-time student shall not be counted more than once for computation of average daily membership. 2. "Online course provider" means a school other than an online school that is selected by the state board of education or a state-approved charter authorizer to participate in Arizona online instruction pursuant to this section and that provides at least one online academic course that is approved by the state board of education. 3. "Online school" means a school that provides at least four online academic courses or one or more online courses for the equivalent of at least five hours each day for one hundred eighty school days and that is a charter school that is sponsored by a state-approved charter authorizer or a district public school that is selected by the state board of education to participate in Arizona online instruction. 4. "Part-time student" means: (a) Any student who is enrolled in a program that does not meet the definition in paragraph 1 of this subsection shall be funded at eighty-five percent of the base support level that would be calculated for that pupil if that pupil were enrolled as a part-time student in a school district or charter school that does not participate in Arizona online instruction. (b) A part-time student of seventy-five percent average daily membership shall be enrolled in at least three subjects throughout the year that offer for first, second and third grade students at least five hundred thirty-four instructional hours in a school year and for fourth, fifth and sixth grade students at least six hundred sixty-eight instructional hours in a school year. A part-time student of fifty percent average daily membership shall be enrolled in at least two subjects throughout the year that offer for first, second and third grade students at least three hundred fifty-six instructional hours in a school year and for fourth, fifth and sixth grade students at least four hundred forty-five instructional hours in a school year. A part-time student of twenty-five percent average daily membership shall be enrolled in at least one subject throughout the year that offers for first, second and third grade students at least one hundred seventy-eight instructional hours in a school year and for fourth, fifth and sixth grade students at least two hundred twenty-three instructional hours in a school year. (c) For seventh and eighth grade students, a part-time student of seventy-five percent average daily membership shall be enrolled in at least three subjects throughout the year that offer at least eight hundred one instructional hours in a school year. A part-time student of fifty percent average daily membership shall be enrolled in at least two subjects throughout the year that offer at least five hundred thirty-four instructional hours in a school year. A part-time student of twenty-five percent average daily membership shall be enrolled in at least one subject throughout the year that offers at least two hundred sixty-seven instructional hours in a school year. (d) For high school students, a part-time student of seventy-five percent average daily membership shall be enrolled in at least three subjects throughout the year that offer at least six hundred seventy-five instructional hours in a school year. A part-time student of fifty percent average daily membership shall be enrolled in at least two subjects throughout the year that offer at least four hundred fifty instructional hours in a school year. A part-time student of twenty-five percent average daily membership shall be enrolled in at least one subject throughout the year that offers at least two hundred twenty-five instructional hours in a school year. 5. "State-approved charter authorizer" means any charter school sponsor authorized pursuant to section 15-183. 15-808.01. Virtual schools; proctored assessments; virtual setting; exemptions; definitions A. Except as provided in subsection C of this section, each virtual school may administer any assessment that complies with section 15-741 in a virtual setting, if the virtual school does all of the following: 1. Assigns a specific date and time to administer the assessment to participating students in a virtual setting, except as provided in subsection B of this section. 2. Administers the assessment in a synchronous session that is initiated and managed by personnel who are designated by the virtual school. 3. Provides at least one proctor for every ten participating students to monitor the participating students through synchronous video for the entire testing session. For the purposes of this paragraph, if the testing platform does not allow integrated camera proctoring, the virtual school shall require each participating student to use a second device to provide the proctor with synchronous video that shows the student and the area immediately surrounding the student for the entire testing session. 4. Requires each participating student to remain in the virtual setting until the student is instructed to exit the testing platform by the student's assigned proctor. 5. Verifies each assessment that is submitted by a participating student in a virtual setting pursuant to this subsection. B. A virtual school that administers an assessment pursuant to subsection A of this section may also administer the assessment in person to any specific student or group of students at a date and time assigned by the virtual school if the virtual school identifies an exception to the virtual setting that is necessary or appropriate, including an exception for a student who has one or more testing accommodations in the student's individualized education program as defined in section 15-761 or section 504 plan as defined in section 15-731 or for an English learner as defined in section 15-751 who needs an in-person assessment. C. A virtual school may not administer any of the following pursuant to subsection A of this section unless the assessment is available to be proctored in a virtual setting: 1. A college readiness or workforce assessment provided by a national college and career readiness assessment provider. 2. An advanced placement examination. 3. An international baccalaureate examination. 4. An alternate assessment as indicated in a student's individualized education program as defined in section 15-761. 5. An English language proficiency assessment administered pursuant to section 15-756. D. When sufficient monies are available, the department of education shall include a provision for testing in a virtual setting pursuant to subsection A of this section in each contract that the department executes or extends with a third-party vendor for the provision of any assessment that is not listed in subsection C of this section. Notwithstanding subsection A of this section, a virtual school may not begin administering an assessment pursuant to subsection A of this section until the first school year after the school year in which the department executes or extends a contract or executes a contract amendment for the assessment that includes the provision prescribed by this subsection. E. This section does not require a virtual school to administer any assessment, including the assessments listed in subsection C of this section, in a virtual setting. F. For the purposes of this section: 1. "Assessment" means a formal assessment, test or examination that a public school in this state is required by state or federal law to administer to students who are enrolled in the school. 2. "Virtual school" includes: (a) A school that participates in Arizona online instruction pursuant to section 15-808. (b) A dropout recovery program that is provided online pursuant to section 15-901.06. 15-816. Definitions In this article, unless the context otherwise requires: 1. "Nonresident pupil" means a pupil who meets all of the following: (a) Is not a resident pupil. (b) Resides in this state. (c) Is enrolled in or is seeking enrollment in a school district other than the school district in which the pupil resides. 2. "Open enrollment" means a policy that is adopted and implemented by a school district governing board to allow resident transfer pupils to enroll in any school within the school district, to allow resident pupils to enroll in any school located within other school districts in this state and to allow nonresident pupils to enroll in any school within the district pursuant to section 15-816.01. 3. "Resident pupil" means a pupil who meets any of the following: (a) Whose residence is within the attendance area of a school. (b) Who resides in an unorganized territory as defined in section 15-825 and whose residence adjoins a boundary of the school district. (c) Who resides in an unorganized territory as defined in section 15-825 and whose residence is located on tribal land. (d) Who is placed as described in section 15-823, subsection C. 4. "Resident school" means: (a) For a pupil who resides in the school district, a school that is within the designated attendance area in which the pupil resides. (b) For a pupil who resides in an unorganized territory, the school that is geographically closest to the pupil's residence and that serves the pupil's grade level. (c) For a pupil who is placed as described in section 15-823, subsection C, a school within the designated attendance area in which the residential placement is located. 5. "Resident transfer pupil" means a resident pupil who is enrolled in or seeking enrollment in a school that is within the school district but outside the attendance area of the pupil's residence. 15-816.01. Open enrollment policies; preference; selection process; transportation; reporting requirements; public awareness effort A. School district governing boards shall establish policies and shall implement an open enrollment policy without charging tuition. Tuition may be charged to nonresident pupils only if the tuition is authorized under section 15-764, subsection C, section 15-797, subsection C, section 15-823, subsection A, section 15-824, subsection A or section 15-825 or if two school districts have entered into a voluntary agreement for the payment of tuition for certain pupils. These policies shall include the information required by subsection I of this section, basic information that is needed to request enrollment and that is consistent with guidance and state and federal law regarding pupil privacy and civil rights, and information regarding the provision of transportation or resources for transportation. The policies must be easily accessible from the home page on each school's website and be available in English and in Spanish or in any other language used by a majority of the populations served by the school or school district. A school district shall update on each school's website the school's capacity and whether the school is currently accepting open enrollment students, by grade level, at least once every twelve weeks unless there are no changes to report for the individual school. If a school has any other separate capacity by specialized program, the information required pursuant to this subsection shall also be posted by specialized program. Schools shall accept pupils throughout the school year as capacity allows. Pupils who are denied access due to capacity shall be informed that they are on a wait list and of the details regarding the process prescribed in subsection E of this section. Pupils shall be selected as seats become available. B. A school district shall enroll at any time any resident pupil who applies for enrollment to the school district pursuant to this section. A school district shall give enrollment preference to and reserve capacity for all of the following: 1. Resident pupils. 2. Pupils returning to the school from the prior year. 3. Siblings of pupils already enrolled. C. A school district may give enrollment preference to children who: 1. Are in foster care. 2. Meet the definition of unaccompanied youth prescribed in the McKinney-Vento homeless assistance act (P.L. 100-77; 101 Stat. 482; 42 United States Code section 11434a). 3. Attend a school that is closing. 4. Are children of a member of the armed forces of the United States who either is on active duty or was killed in the line of duty. D. A school district may give enrollment preference to and reserve capacity for all of the following: 1. Pupils who are children of persons who are employed by or at a school in the school district. 2. Resident transfer pupils and their siblings. 3. Pupils who meet additional criteria established and published by the school district governing board pursuant to subsection A of this section. E. If remaining capacity at a school, as determined by the school district governing board, is insufficient to enroll all pupils who submit a timely request, the school or school district shall select pupils through an equitable selection process such as a lottery, except that preference shall be given to the siblings of a pupil selected through an equitable selection process such as a lottery. F. Except as provided in subsections A through E of this section, a school that is operated by a school district may not limit admission based on any of the following: 1. Ethnicity or race. 2. National origin. 3. Sex. 4. Income level. 5. Disability. 6. Proficiency in the English language. 7. Athletic ability. G. The governing board of the district educating the pupil may provide transportation limited to not more than thirty miles each way to and from the school of attendance or to and from a pickup point on a regular transportation route or for the total miles traveled each day to an adjacent district for eligible nonresident pupils who meet the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1793) for free or reduced-price lunches. H. The governing board of the district educating the pupil shall provide transportation limited to not more than thirty miles each way to and from the school of attendance or to and from a pickup point on a regular transportation route or for the total miles traveled each day to an adjacent district for nonresident pupils with disabilities whose individualized education program specifies that transportation is necessary to fulfill the program. I. The state board of education shall adopt a model format that school districts may use for describing open enrollment options to ensure clarity and consistency for parents in understanding their enrollment options as described in this section and enrollment capacity at each school, including the ability to choose any school within the school district of residence or any other school district in this state. The state board of education shall adopt rules, policies and guidance consistent with state and federal law for school districts to use while enrolling students pursuant to this article. Pursuant to the supervisory duties of the superintendent of public instruction, the department of education shall investigate and enforce any complaints that the department receives or substantiated claims of unlawful or inappropriate enrollment practices by school districts pursuant to state and federal law and shall refer any complaints received regarding charter schools to the state board for charter schools to investigate and enforce. The department of education shall regularly update the state board of education on its investigations pursuant to this subsection. J. The department of education shall provide an annual report that informs the public and policymakers of the open enrollment participation rate by school district, school and county, including the number of pupils, by student subgroup designation, in each school and school district that are open enrolled as resident pupils, resident transfer pupils or nonresident pupils for each school district and the school districts and zip codes from which students are enrolling. By fiscal year 2022-2023, this participation report shall also include the number of pupils enrolled in charter schools and the school districts from which those pupils are enrolling. K. Subject to the availability of appropriated monies, each January the state board of education shall design a public awareness effort to distribute materials that do all of the following: 1. Communicate to the public the ability to choose any public school in this state. 2. Direct the public to resources to learn about school choice options in this state. 3. Instruct the public how to request enrollment for pupils. L. The state board of education may include other options in its informational materials and messaging developed under subsection K of this section. M. In designing the public awareness effort and distributing materials under subsection K of this section, the state board of education may collaborate with both: 1. Public and private partners to assist the state board in achieving the objectives prescribed in subsection K of this section. 2. The department of education in providing parents and the public with informational resources. 15-816.07. District and school immunity A school district and its employees are immune from civil liability for decisions that concern the acceptance or rejection of a nonresident pupil for enrollment and that are based on a good faith application of the requirements of this article and the standards adopted pursuant to this article. 15-821. Admission of children; required age A. Unless otherwise provided by article 1.1 of this chapter or by any other law, all schools shall admit children who are between the ages of six and twenty-one years, who reside in the school district and who meet the requirements for enrollment in one of the grades or programs offered in the school. A school may refuse to admit a child who has graduated from a high school with a recognized diploma. B. If a preschool program for children with disabilities is maintained, a child is eligible for admission as prescribed in section 15-771. C. If a kindergarten program is maintained, a child is eligible for admission to kindergarten if the child is five years of age. A child is deemed five years of age if the child reaches the age of five before September 1 of the current school year. A child is eligible for admission to first grade if the child is six years of age. A child is deemed six years of age if the child reaches the age of six before September 1 of the current school year. The governing board may admit children who have not reached the required age as prescribed by this subsection if it is determined to be in the best interest of the children. For children entering the first grade, such determination shall be based upon one or more consultations with the parent, parents, guardian or guardians, the children, the teacher and the school principal. Such children must reach the required age of five for kindergarten and six for first grade by January 1 of the current school year. D. Notwithstanding any other law, a child who resides with a family member other than the child's parent while awaiting the outcome of a legal guardianship or custody proceeding is deemed to reside in the school district where that family member resides if the family member provides written documentary proof of one of the following: 1. The family member is attempting to obtain legal guardianship of the child in an unresolved and uncontested guardianship proceeding commenced in superior court. The family member shall provide documentation to the school district within thirty days of enrollment that the family member is attempting to obtain legal guardianship of the child. On obtaining legal guardianship, the family member shall provide documentation to the school district. 2. The family member is attempting to obtain custody of the child in an unresolved and uncontested child custody proceeding commenced in superior court. The family member shall provide documentation to the school district within thirty days of enrollment that the family member is attempting to obtain custody of the child. On obtaining custody, the family member shall provide documentation to the school district. 15-823. Admission; residents of other school districts; nonresidents of this state; children placed by a court or state placing agency; tuition; definition A. Except as provided in subsections B, D, E, F, G, H and I of this section, children of nonresidents of this state may be admitted on payment of a reasonable tuition fixed by the governing board. B. The governing board shall admit children of nonresident teaching and research faculty of community college districts and state universities and children of nonresident graduate or undergraduate students of community college districts and state universities whose parent's presence at the district or university is of international, national, state or local benefit without payment of tuition. C. The governing board shall admit children who are placed by a state placing agency or a court of competent jurisdiction if the child's placement is located within the boundaries of the school district and is any of the following: 1. A state rehabilitation or correctional institution. 2. A foster home or child care agency or institution that is licensed and supervised by the department of child safety or the department of health services. 3. A residential facility that is operated or supported by the department of economic security or the department of health services. 4. Under the supervision of the department of juvenile corrections, a residence pursuant to the interstate compact on juveniles. D. The governing board shall admit children who are residents of the United States but who are nonresidents of this state without payment of tuition if evidence indicates that the child's physical, mental, moral or emotional health is best served by placement with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition. E. The governing board may admit nonresident foreign students who are in exchange programs without payment of tuition or as it may otherwise prescribe. F. Notwithstanding subsection E of this section, the governing board may admit the same number of nonresident foreign students who are in exchange programs and who are recipients of a J-1 visa pursuant to federal law, that is equal to the number of resident students enrolled in that local education agency who are currently participating in a foreign exchange program, as determined by the department, without the payment of tuition. G. The governing board may admit children who are residents of the United States without payment of tuition if evidence indicates that because the parents are homeless or the child is abandoned, as defined in section 8-201, the child's physical, mental, moral or emotional health is best served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless the governing board determines that the placement is solely for the purpose of obtaining an education in this state without payment of tuition. H. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist: 1. The child is a member of a federally recognized Indian tribe. 2. The child resides on Indian lands that are under the jurisdiction of the tribe of which the child is a member. 3. The area in the boundaries of the reservation where the child resides is located both in this state and in another state of the United States. 4. The governing board enters into an intergovernmental agreement with the governing board of the school district in another state in which the nonresident child resides. The intergovernmental agreement shall specify the number of nonresident children admitted in this state and the number of resident children that are admitted by the governing board in another state. I. The governing board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist: 1. The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting. 2. The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on behalf of the child's parent or legal guardian in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues. J. The governing board shall charge reasonable tuition for the number of nonresident pupils who reside in another state and who are admitted by a governing board in this state pursuant to subsection H of this section that exceeds the number of resident pupils from this state who are admitted into a school district by the other state. K. The governing board of a school district shall pay reasonable tuition for the number of resident pupils who reside in that school district and who are admitted by a school district in another state pursuant to subsection H of this section that exceeds the number of nonresident pupils from that other state who are admitted by the governing board into that school district in this state. L. Children admitted under this section shall be counted or not counted as resident pupils as prescribed in section 15-824, subsection D. M. Except as provided in subsections F, I and L of this section, a school district or a charter school shall not include pupils who are not residents of this state in the district's or charter school's student count and shall not obtain state funding for those pupils. N. On or before June 30, 2027, each state placing agency shall develop a form for attesting that a child is placed by the state placing agency in one of the residential placements described in subsection C of this section. Beginning in fiscal year 2027-2028, on request from a student's parent, a school district official or a county school superintendent, a state placing agency shall provide an attestation form for a child who is placed by the state placing agency and who is identified in the request. A school district shall accept an attestation form that is provided pursuant to this subsection as evidence of the child's eligibility for enrollment pursuant to subsection C of this section. If a student's parent, county school superintendent or state placing agency does not provide to a school district an attestation form on enrollment of a child described in subsection C of this section, the school district may request an attestation form from the state placing agency. O. On request by the parent of a child described in subsection C of this section, a school district shall allow the child to remain enrolled as a resident pupil in the same school regardless of any subsequent change in the child's residence if both of the following conditions are met: 1. The child is in one of the residential placements described in subsection C of this section. 2. The residential placement is located either: (a) Within the boundaries of the school district in which the child seeks to remain enrolled. (b) Within the boundaries of an adjoining school district to the school district in which the child seeks to remain enrolled. (c) In an unorganized territory and the adjoining school district that is geographically closest to the child's residential placement is an adjoining school district to the school district in which the child seeks to remain enrolled. P. For the purposes of this section, "state placing agency" has the same meaning prescribed in section 15-1181. 15-823.01. Admission of nonresident children; services or accommodations for children with disabilities; active military duty; posting requirement; definitions A. Notwithstanding any other law, a child complies with the residency requirements for school attendance in a local education agency or for services or accommodations if the parent of the child is transferred to or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order. B. A local education agency shall accept an application for enrollment and course registration by any means, including by electronic means or a remote application, for a pupil who meets the requirements prescribed in subsection A of this section, including enrollment in a specific school or program within the local education agency. C. The parent of a child who meets the requirement prescribed in subsection A of this section shall provide proof of residency to the local education agency within ten days after the arrival date provided on official documentation. The parent may use the address of any of the following as proof of residency for the purposes of this subsection: 1. A temporary on-base billeting facility. 2. Temporary off-base lodging. 3. A purchased or leased home or apartment. 4. Any federal government housing or off-base military housing, including off-base military housing that may be provided through a public-private venture. 5. Any other temporary housing. D. If a school district is notified that a child who meets the requirement prescribed in subsection A of this section is receiving or might be eligible to receive services or accommodations, the school district shall: 1. Promptly coordinate with the child's parents and the child's previous school, if any, pursuant to section 15-1911 to ensure the timely exchange of records and to reduce any delays in the child receiving comparable services or accommodations through the school district or delays in the implementation of an individualized family service plan, individualized education program or section 504 plan as defined in section 15-731. 2. Accept unofficial records that are provided by the child's parent, pending validation by the official records, pursuant to section 15-1911, article IV, subsection A. 3. On enrollment of the child pursuant to subsection B of this section: (a) Provide the child with services or accommodations that are comparable to the services or accommodations that are described in the child's previously approved individualized education program or section 504 plan as defined in section 15-731, in consultation with the child's parents, until the school district conducts an assessment or develops a new individualized education program, if appropriate. (b) Either adopt and implement the child's previously approved individualized education program or develop, adopt and implement a new individualized education program for the child not later than thirty calendar days after the child enrolls in the school district. E. The department of education shall post information on the requirements of this section, including requirements relating to eligibility and required documentation, on the department's website. F. For the purposes of this section: 1. "Active military duty" means full-time military duty status in the active uniformed service of the United States, including members of the national guard and the state military reserve on active duty orders. 2. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other installation under the jurisdiction of the United States department of defense or the United States coast guard. 3. "Parent" has the same meaning prescribed in section 15-761. 4. "Services or accommodations" means any services or accommodations that are provided through a local education agency pursuant to the individuals with disabilities education act (P.L. 91-260; 84 Stat. 175; 20 United States Code sections 1400 through 1482), section 504 of the rehabilitation act of 1973 (P.L. 93-112; 87 Stat. 355; 29 United States Code section 794) or title II of the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 327; 42 United States Code sections 12131 through 12165). 15-824. Admission of pupils of other school districts; homeless children; tuition charges; definitions A. The governing board of a school district shall admit pupils from another school district or area as follows: 1. On the presentation of a certificate of educational convenience issued by the county school superintendent pursuant to section 15-825. 2. For three hundred fifty or fewer pupils, to a high school without the presentation of a certificate of educational convenience, if the pupil is a resident of a common school district within this state that is not within a high school district and that does not offer instruction in the pupil's grade. The three hundred fifty or fewer pupil limitation prescribed in this paragraph does not apply to a small isolated school district as defined in section 15-901. The school membership of such pupils is deemed, for the purposes of determining student count and providing a free and appropriate public education pursuant to the individuals with disabilities education act (20 United States Code chapter 33) and for apportionment of state aid, to be enrollment in the school district of the pupil's attendance. 3. To a high school without the presentation of a certificate of educational convenience if the pupil is a resident of a transporting school district that does not offer instruction in the pupil's grade. Tuition shall be charged as prescribed in subsection E of this section for each pupil who is admitted pursuant to this paragraph. For the