§ 6-18-232 — Enrollment of private school or home school students

(a) Except as provided under subsection (d) of this section, a public school district or an open-enrollment public charter school shall adopt a policy that allows a student who attends a private school or a home school to enroll in an academic course at a public school or an open-enrollment public charter school if the student resides in the public school district where the public school or open-enrollment public charter school is located. (b) A policy adopted by a public school district or open-enrollment public charter school under subsection (a) of this section may: (1) (A) Include provisions that apply to a private school or home-schooled student who is enrolled in an academic course at a public school or open-enrollment public charter school, including without limitation provisions regarding: (i) Academic or grade-level prerequisites; (ii) Attendance; (iii) Testing; (iv) Coursework; (v) Grades; and (vi) Conduct. (B) The provisions included under subdivision (b)(1)(A) of this section shall be consistent with provisions included in the public school district's or open-enrollment public charter school's policies that apply to public school students; (2) Allow a student who attends a private school or a home school to enroll in one (1) or more academic courses in a semester; and (3) Limit enrollment if the enrollment of a private school or home-schooled student would: (A) Create a financial loss for the public school district or open-enrollment public charter school; or (B) Violate any state or federal law or any rule established by the Division of Elementary and Secondary Education. (c) (1) A public school district or an open-enrollment public charter school that enrolls a student who attends a private school or a home school in an academic course is entitled to an amount equal to one-sixth (1/6) of the state foundation funding amount for each academic course in which a student who attends a private school or a home school is enrolled. (2) A public school district or an open-enrollment public charter school is not entitled to more than the equivalent of the state foundation funding amount for one (1) average daily membership per student regardless of the number of academic courses in which the student who attends a private school or a home school is enrolled. (d) A public school district or an open-enrollment public charter school may seek a waiver from the division from the requirements under this section. (e) If a student who attends a private school or a home school enrolls in an endorsed concurrent enrollment course as defined by § 6-16-1202(2) , the student shall not be charged for the endorsed concurrent enrollment course unless the public school district also charges public school students or open-enrollment public charter school students for the endorsed concurrent enrollment course. (f) A public school district or open-enrollment public charter school under this section: (1) May provide transportation for a private school or home-schooled student to or from the location of the academic course; and (2) Shall provide a final grade and transcript to each private school or home-schooled student who completes an academic course in which the student is enrolled at a public school or open-enrollment public charter school. (g) (1) A private school or home-schooled student is not considered truant from a public school or open-enrollment public charter school under this section due to unexcused absences from the academic course in which the private school or home-schooled student is enrolled. (2) However, a public school or open-enrollment public charter school may drop a private school or home-schooled student from an academic course in the event of excessive unexcused absences or any other violation of policies regarding the academic course in which the private school or home-schooled student is enrolled. (h) This section does not apply to a statewide open-enrollment public charter school that operates primarily as a virtual school.

Legislative History

Amended by Act 2019, No. 430,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 430,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 430,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 429,§ 1, eff. 7/24/2019. Added by Act 2017, No. 173,§ 1, eff. 8/1/2017. Added by Act 2017, No. 173,§ 1, eff. 8/1/2017.