Avery County Schools Policy Policy Code: 4150
Student Assignment It is the duty of the Avery County Board of Education to establish school districts within Avery County without bias or prejudice. Students living within the school district boundaries are automatically assigned to that school. Notwithstanding the provisions of this policy, the superintendent shall (1) assign homeless students in a manner consistent with state and federal law and policy 4125, Homeless Students; and (2) assign students in foster care to their school of origin unless contrary to their best interest, as required by federal law.
Students who are participating in or whose parent is participating in the North Carolina Address Confidentiality Program established by G.S. Chapter 15C will be assigned on the basis of their actual address, but such address will remain confidential in accordance with las and policy 4250/5075/7316, North Carolina Address Confidentiality Program.
Out-of-District / Within County Applications Students desiring to attend a school out-of-district within Avery County must make application and be approved by the Superintendent and must be done prior to the beginning of school in August.
The following will be the basis for in-county transfers:
1. No transfer shall cause the reorganization of the school receiving an out-of- district student. 2. Students granted a transfer shall comply fully with school schedule regulations and should be regular in attendance without being tardy to school. Failure to do so shall be grounds to terminate the transfer. 3. Students must have no more than 10 excused/unexcused absences from their assigned school unless granted prior approval from school administration. 4. Transfer requests shall be considered based on the educational needs and best interests of the student. 5. The parent shall be responsible for transportation to and from school (except for homeless student transfers and transfers of students in foster care based on the student’s best interest, for which the system will provide transportation in a manner consistent with legal requirements and policy 4125). 6. The transfer will be for the duration of time that the student is enrolled in the school he/she transfers. 7. Principals have the authority to revisit a student’s application at any time if the student has poor attendance or discipline issues. The student will be reassigned to his/her home district. 8. If the application for reassignment is disapproved, the board will give notice to the applicant by registered or certified mail.
Avery County Schools Policy Code: 4150 Page 1 of 4 Exceptions to this policy include limited English proficient (LEP) identified and served students who have been placed in the school by the LEP Coordinator and special education identified and served students who have been placed in the school by the Director of Children with Special Needs. Appeals may be made to the Avery County Board of Education in compliance with G.S. 115C-369.
Transfer of Students During the School Year
Change of Residence
Students whose legal residence changes from one school assignment area to another within the school system during the same school year may choose to finish out that school year in the same school or attend school in the area to which they have moved. If they elect to remain in the first school in order to complete that year, they will be assigned to the school according to the area in which they live at the beginning of the next school year. Students whose legal residence has changed but who choose to complete the school year at their first school will be responsible for their own transportation to school.
Unsafe School Choice Transfer under the Elementary and Secondary Education Act
Transfers for students who are victims of violent criminal offenses at school or for students attending persistently dangerous schools as defined by State Board of Education policy will be made pursuant to policy 4152, Unsafe School Choice Transfer. The length of the transfer or reassignment will be consistent with legal requirements and policy 4152.
Transfer of Homeless Students
Students who become homeless between academic years or during an academic year may request to remain at the school of origin for the duration of their homelessness or may request to be enrolled in any public school that other students living on the same attendance area are eligible to attend. Any decision about the transfer or reassignment of a homeless student, as well as the length of the transfer or reassignment, will be consistent with legal requirements and based on the student’s best interest. (See policy 4125, Homeless Students.)
4.Transfer of Students in Foster Care
Students who are assigned to foster care between academic years or during an academic year will remain in their school of origin unless remaining in the school of origin is not in the best interest of the student. The best interest of the student will be decided based on all relevant factors, including consideration of the appropriateness of the educational setting and proximity to the school in which the child is enrolled at the time of placement in foster care. The length of the
Avery County Schools Policy Code: 4150 Page 2 of 4 transfer or the reassignment of students in foster care will be consistent with legal requirements.
- Other Transfers
The superintendent shall consider student requests for transfer to another school during the school year based upon space availability, the needs of the child, the effect on the school to which transfer is requested, principal recommendations, and other criteria established by the superintendent.
Approved applications need only be submitted once for both out-of-district and out-of- county while attending each particular grade span (elementary, middle and high). For example: an approved application for out of district elementary school need not be resubmitted until the student reaches middle school. At that time, the application must be made to attend a middle school that is out of the student’s home district.
Any transfer request that is approved based on false or misleading information will be declared void, and the transfer will be rescinded.
- Assignment to Alternative School
Students will be assigned to the alternative school in accordance with policy 3470/4305, Alternative Learning Programs/Schools.
Release to Attend Out of Avery County Students living in Avery County and desiring to attend school in another county must receive a release from the Avery County Board of Education before applying to the other school system. The application for release will be effective for the duration of the student's educational career unless the student returns to Avery County Schools and later wishes to be released again.
Criteria for Non-Resident Enrollment Students living outside Avery County and desiring to attend school in Avery County must receive a release from their home county before applying to Avery County Schools. No student, neither of whose parents nor legal guardian/custodian (by Court Decree) reside in Avery County, shall be admitted to or enrolled in the Avery County Public Schools System unless they meet the criteria of N.C.G.S. 115C-366(a1) institution for children such as orphanage, (a2) homeless, (b) assignment by school district board, (c) parents in service in General Assembly or N.C.G.S. 115C-366.2 parent teaches at college or university in district. Students who are domiciled in the counties of Burke, Caldwell, Mitchell, and Watauga are covered by reciprocal agreements with said counties due to the extraordinary and particular geographic and topographic barriers limiting the students' access to their domiciliary school and are not subject to the strictures of the listed statutes.
Application for Non-Resident Students
Avery County Schools Policy Code: 4150 Page 3 of 4 Any student, neither of whose parents nor legal guardian/custodian (by Court Decree) reside in Avery County, must make application and be approved one time to that particular school to become enrolled in the Avery County Public School System.
Reciprocal Agreements The Avery County Board of Education recognizes that, due to the particular geographic and topographic barriers existing between Avery County and Caldwell, Mitchell, and Watauga Counties, some students must logically cross county lines to attend the school nearest their homes or communities. Watauga County Schools charges tuition for students from Avery County unless the student is domiciled in the Beech Mountain School/Buckeye Creek Community. The releasing school district and the accepting school district must agree on placement of each student.
Burke County Students Attending Avery County Schools Students residing in the Jonas Ridge area of Burke County shall, by mutual agreement of the two systems, attend Avery County Schools. In accordance with the agreement between Burke and Avery Counties, Burke County shall be charged and shall pay tuition for each Burke County student attending Avery County schools. The official count shall be taken on September 1 of each school year.
See appendices for appropriate forms: PA-1 Application for Release from Avery County Schools (4101.B) PA-2 Application for Reassignment Within County (4101.C) PA-3 Application for Assignment into Avery County (4101.D)
Legal Reference: McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq.; Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq.; Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care, U.S. Department of Education and U.S. Department of Health and Human Services (June 2016) and Non- Regulatory Guidance on Education for Homeless Children and Youths Program, U.S. Department of Education (July 2016), both available at https://www2.ed.gov/policy/elsec/leg/essa/index.html; Unsafe School Choice option Non- Regulatory Guidance, U.S. Department of Education (May 2004), available at https://www2.ed.gov/policy/elsec/guid/edpicks.jhtml?src=ln; G.S. 15C-8; 115C-369, - 366, -367, -369; State Board of Education Policy
Cross References: Alternative Learning Programs/Schools (policy 3470/4305), Homeless Students (policy 4125), Unsafe School Choice Transfer (policy 4152), North Carolina Address Confidentiality Program (policy 4250/5075/7316)
ADOPTED: 3-7-94 REVISED: 8/06/01; 5/10/10; 4/16/12; 7/10/12; 07/09/13; 12/19/17
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