§ 15.1-40-05 — Charter schools - Eligibility - Enrollment

1. A prospective student is eligible to enroll in a public charter school if the prospective
student resides in the state.
2. A public charter school:
a. Shall enroll all students who wish to attend the school, unless the number of
students exceeds the enrollment capacity of a program, class, grade level, or
building.
b. Shall determine admission by a lottery if initial capacity is insufficient to enroll all
students who timely submit an application. The selection process must take place
in a public setting. An applicant must have a fair opportunity to be selected in the
lottery. The lottery must be randomized and conducted competently,
transparently, and impartially.
c. May not base admissions on ethnicity, national origin, religion, gender, income
level, disabling condition, proficiency in the English language, or academic or
athletic ability, except as provided under this section.
d. May limit enrollment to students to a given age group, grade level, or pursuant to
a special emphasis stated in the school's application for a charter performance
agreement.
e. Shall give enrollment preference to students and the siblings of students enrolled
in the public charter school the previous school year.
f. May give enrollment preference to children of a public charter school's
employees, if the students constitute no more than ten percent of the total student
population.