Open Enrollment Questions and Answers

Updated June 2019 – Page 1

Minnesota Statewide Enrollment Options Program

Questions and Answers for School Districts

General Questions

1. Are districts required to use the Minnesota Department of Education (MDE)

application(s)?

Yes, Minnesota Statutes, section 124D.03, subdivision 3, requires all school districts to use the application

(General Application or VPK/SRP Application) provided by the Minnesota Department of Education (MDE). The

application may not be modified.

Please note: Minnesota school districts may not solicit information from the families, current schools or others

to obtain information about the applicant student that is not on the MDE-provided application. This includes

discussions about a student’s disciplinary history, special education status or needs, birth date, gender, race,

ethnicity, and academic or other student records.

2. What enrollment options form should a family use?

The General Statewide Enrollment Options Application for K-12 and Early Childhood Special Education (General

Application) is the required application for all Minnesota districts. A family should use this application for inter-

district K-12 open enrollment and inter-district enrollment in ECSE. Please note that in some districts, Early

Childhood Special Education is called Help Me Grow.

The Statewide Enrollment Options Application for State-funded Voluntary Pre-Kindergarten (VPK) or School

Readiness Plus (SRP) Application (VPK/SRP Application) is the required application for participating Minnesota

school districts. Families should use this application for voluntary pre-kindergarten or school readiness plus open

enrollment.

The School District Non-resident Agreement for Inter-district Enrollment (Non-resident Agreement)

Districts may use this form, or other formats, to document Non-resident Agreements to allow enrollment when

the January 15 deadline is missed and no exception in law applies.

3. What if the district needs more information from the family before enrollment?

School districts may obtain additional information from the family after a classroom seat is offered in writing

and before attendance starts.

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4. Does a district need to provide application(s) to families if it does not seek open

enrollees?

Yes, Minnesota Statutes, section 124D.03, subdivision 10, requires districts make information about the district,

school(s), programs, policies and procedures available to all interested people.

5. What are acceptance, rejection and site preference decisions based on?

The board must adopt, by resolution, specific standards for acceptance and rejection of applications. Standards

may include the capacity of a program, excluding special education services; class; or school building. The school

board may not reject applications for enrollment in a particular grade level if the nonresident enrollment at that

grade level does not exceed the limit set by the board under Minnesota Statutes, section 124D.03, subdivision 2.

Standards may not include previous academic achievement, athletic or other extracurricular ability, disability

conditions, proficiency in the English language, previous disciplinary proceedings, or the student’s district of

residence, except where the district of residents is directly included in an enrollment options strategy included

in an approved Achievement and Integration program. Minn. Stat. § 124D.03, subd. 6

6. Can a district limit enrollment of nonresident pupils?

Per Minnesota Statutes, section 124D.03, subdivision 2, a board may limit, by resolution, the enrollment of

nonresident pupils in its schools or programs according to this section to a number not less than the lesser of:

• One percent of the total enrollment at each grade level in the district; or

• The number of district residents at that grade level enrolled in a nonresident district according to this

section.

7. What must a district do when it denies an open enrollment application?

When denying an open enrollment application, the district must notify the parent or guardian in writing of the

legal basis for the denial by February 15 or within 90 days for applications submitted after January 15 in the case

of Achievement and Integration district transfers whether the application has been accepted or rejected.

Minn.

Stat. § 124D.03, subd. 5. Further, the district must report to the commissioner of education by July 15 on the

number of nonresident pupils denied admission due to the limitations on the enrollment of nonresident pupils.

Minn. Stat. § 124D.03, subd. 2

8. Is an open enrollment application valid without a parent or guardian signature?

No, the application must include a signature from at least one parent or guardian. Generally, students age 18 or

older can sign their own paperwork. Minn. Stat. § 124D.03, subd. 3

9. Does the January 15 deadline always apply?

No, deadlines may be waived in two circumstances. First, state law waives all deadlines for students moving in

or out of any district that participates in the Achievement and Integration Program. In these districts, students

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may apply at any time and start school immediately or in the subsequent school year. Of Minnesota’s 327

districts, 116 receive integration revenue and are designated as Achievement and Integration districts. Because

this includes almost all large districts, many students have no deadline and may open enroll at any time.

Minn.

Stat. § 124D.03, subd. 4

Second, state law also extends deadlines when families have recently moved. Minn. Stat. § 124D.03, subd. 7

State-approved online learning providers may agree to enroll full-time online students beyond the deadline.

Check directly with the online providers for enrollment information.

10. How do early childhood special education students access statewide enrollment

options?

After a student has been evaluated and found eligible for, and in need of, special education and related services

by their resident district, the child’s parent uses the General Application (

General Statewide Enrollment Options

Application for K-12 and Early Childhood Special Education).

11. Can a district use the VPK/SRP Application for other early childhood initiatives?

No, please do not use the VPK/SRP Application for any other initiative, even if nonresident students are

welcomed.

12. Can open enrollment be terminated?

Open enrolled students who have disciplinary issues are disciplined in the same manner as resident students;

enrollment is not revoked. (Minn. Stat. §§ 121A.41-121A.575.) A district may terminate the enrollment of a

nonresident student enrolled under Minnesota Statutes, section 124D.03 or section 124D.08 at the end of a year

if the student meets the definition of a habitual truant under section 260C.007, subdivision 19, the student has

been provided appropriate services under chapter 260A, and the student’s case has been referred to juvenile

court. A district may also terminate the enrollment of a nonresident student over the age of 17 enrolled under

Minnesota Statutes, section 124D.03 if the student is absent without lawful excuse for one or more periods on

15 school days and has not lawfully withdrawn from school under section 120A.22, subdivision 8.

Minn. Stat. §

124D.03, subd. 12 Please note the student’s case must be referred to the county attorney before a district may

terminate enrollment.

For students with disabilities, the student’s IEP team should consider whether the truancy is a behavior that

impedes the student’s learning and if so, address the student’s behavior via the IEP team process.

34 C.F.R. §

300.324(a)(2)(i)

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13. How can a resident student that moves out of district during the school year stay

enrolled (i.e., change of address, foster care placement, homeless)

If the student moves to a new resident district, the student retains the seat in the nonresident district, but must

submit a new General Statewide Enrollment Options application to update the student’s information.

Minn.

Stat. § 124D.03, subd. 13

An 11

- or 12

-grade student who has been enrolled in a district and whose parent or guardian moves to

another district may continue to enroll in the nonresident district upon approval of the board of the nonresident

district. The approval of the board of the pupil’s resident district is not required. Minn. Stat. § 124D.08, subd. 3

A student who has been open enrolled in a district, who is identified as homeless and whose parent or legal

guardian moves to another district may continue to enroll in the nonresident district without the approval of the

board of the nonresident district. The approval of the board of the student’s resident district is not required.

Minn. Stat. § 124D.08, subd. 2a

A student who has been enrolled in a district who is placed in foster care in another district may continue to

enroll in the prior district without the approval of the board of the prior district. The approval of the board

where the student’s foster home is located is not required. Minn. Stat. § 124D.08, subd. 2b

14. Can a student enrolled in Postsecondary Enrollment Options (PSEO) full-time at a

postsecondary institution (no courses at the high school) be denied open enrollment

due to their PSEO participation?

No, a student’s participation in PSEO can have no bearing in the decision to admit or place a student on a

waitlist. Districts must make open enrollment decisions solely on the information on the required General

Statewide Enrollment Options application form, which limits denials to situations involving grade level capacity

and, in certain situations, to currently expelled students. Minn. Stat. § 124D.03, subds. 1-2

Civil Rights Questions

15. What legal and human rights issues would arise with a modified application?

Modifying and adding fields to the application(s) presents civil rights concerns. The MDE-approved General and

VPK/SRP applications comply with the Minnesota Human Rights Act (Minn. Stat. § 363A.13, subds. 2–4

) which

specifically protects the rights of Minnesota students in educational settings, including the ways in which schools

select, exclude and admit students related to race, color, creed, religion, national origin, sex, age, material

status, status with regard to public assistance, sexual orientation or disability.

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16. Can a district limit enrollment or close some special education services to

nonresidents?

No, districts may not close special education services. Doing so causes federal civil rights issues related to

discrimination against students with disabilities and violates the state open enrollment options law. 29 U.S.C. §

794(a) and Minn. Stat. § 124D.03, subd. 6

. Districts may close grade levels at grades kindergarten-12 but may

not keep a grade level open and then close off certain special education services for that grade.

17. Can open-enrolled students qualify for homebound instruction?

Open enrolled students may receive homebound instruction when students are placed in the home, such as for

medical or disciplinary reasons. At times, the nonresident district may contract with another district to serve the

student with appropriately licensed teachers. There are multiple laws that would require a district to continue a

student’s education when placed at home. For guidance, please contact MDE’s Compliance and Assistance

division at mde.compliance-[email protected] or 651-582-8689.

18. Can a student’s location be reassigned when special needs are identified?

The student may be reassigned to a different location, one where the district routinely serves resident students

with the same needs and as determined by district policies. If the district alters the student’s education program

when reassigning the student, this may constitute a change in placement that must be addressed by the

student’s IEP team. Placement decisions are made on a case-by-case basis, depending on the unique educational

needs and circumstances of the student, and based on the student’s IEP. 34 C.F.R. §§ 300.114-300.116;

Comments to the federal register, 71 Fed. Reg. 46587-46588.

19. Can we gender balance applications in admission lotteries?

No. Taking into account a student’s gender – or even having it on the application – violates the Minnesota

Human Rights Act. Minn. Stat. § 363A.13, subds. 1-4.

Capacity Questions

20. Can our district close a school site to open enrollment?

Yes. School boards may set capacities for how many students at a particular grade level may be served by a site.

Minn. Stat. § 124D.03, subd. 6.

Applications received before capacity is reached must be accepted without

regard to the individual characteristics of the student, other than grade level. School boards may not close

special education services related to any special needs that open enrolled students have.

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21. If our district runs into unexpected crowding issues, could we move already-

enrolled open-enrolled students to other sites so that none of our resident students

have to change attendance zones?

Minnesota Statutes, section 124D.03, subd. 3, explains that when families open enroll they may do so with the

understanding of an assignment and acceptance at a particular school or program. The subdivision reads in

part, “. . . A particular school or program may be requested by the parent. Once enrolled in a nonresident district,

the pupil may remain enrolled and is not required to submit annual or periodic applications. . .” Districts accept

open enrollment applications with a long-term view in mind that the student will be there until graduation from

high school. Before accepting the application, the district is planning on the student staying at the school site

that was requested. If the district is not confident that space will be available to allow this, then before offering

an open enrollment spot the district would go to the parent preference for second choice. The assumption is

also that these students will matriculate with peers into middle and high schools as if they resided in the

attendance zone of the school that served them for the lower grade levels.

22. When are lotteries needed and how do they work?

If a school district has more applications than available seats at a specific grade level, it must hold an impartial

lottery following the January 15 deadline to determine which students will receive seats. The district must give

enrollment priority to siblings of currently enrolled students, students whose applications are related to an

approved integration and achievement plan, children of the school district's staff, and students residing in that

part of a municipality, defined under section 469.1812, subdivision 3, where:

(1) the student's resident district does not operate a school building;

(2) the municipality is located partially or fully within the boundaries of at least five school districts;

(3) the nonresident district in which the student seeks to enroll operates one or more school buildings

within the municipality; and

(4) no other nonresident, independent, special, or common school district operates a school building

within the municipality.

The process for the school district lottery must be established in school district policy, approved by the school

board, and posted on the school district's website. Minn. Stat. § 124D.03, subd. 5a

23. How long can a waiting list last and how soon are students placed on one?

This is a local decision based on the district’s board approved policy. The board must adopt, by resolution,

specific standards for acceptance and rejection of applications.

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Transportation Questions

24. What transportation rights come with open enrollment?

If requested by the parent of a pupil, the nonresident district shall provide transportation within the district. The

resident district is not required to provide or pay for transportation between the pupil’s residence and the

border of the nonresident district. A parent may be reimbursed by the nonresident district for the costs of

transportation from the pupil’s residence to the border of the nonresident district if the pupil is from a family

whose income is at or below the poverty level, as determined by the federal government. The reimbursement

may not exceed the pupil’s actual cost of transportation or 15 cents per mile traveled, whichever is less.

Reimbursement may not be paid for more than 250 miles per week.

At the time a nonresident district notifies a parent or guardian that an application has been accepted under

Minnesota Statues, section 124D.03, subdivision 4 or 5, the nonresident district must provide the parent or

guardian with information about where it will transport the nonresident student. Minn. Stat. § 124D.03, subd. 8

If requested, a nonresident district shall transport a nonresident pupil within its borders and may transport a

nonresident pupil within the pupil's resident district. If a nonresident district decides to transport a nonresident

pupil within the pupil's resident district, the nonresident district must notify the pupil's resident district of its

decision, in writing, prior to providing transportation. Minn. Stat. § 123B.88, subd. 6

For students who have special transportation written in their Individualized Education Program (IEP), students

must receive transportation in conformity with the IEP, which may include transporting the student to and from

home, over the district boundary. Special education transportation is a related service and an IEP team decision.

34. C.F.R. §§ 300.17, 300.34 and 300.101.

Nonresident Agreements Questions

25. When are nonresident agreements required?

A student may enroll in a district where the pupil is not a resident outside the open enrollment process through

a nonresident agreement. Minn. Stat. §124D.03, subd. 7(a)

Nonresident agreements differ from regular open

enrollment in that a nonresident agreement must be approved first by the school boards of both the resident

district and the nonresident district.

Minn. Stat. § 124D.08, subd. 2

MDE provides an optional Nonresident Agreement form. Districts may use the form, or establish a non-resident

agreement in another format, such as an e-mail between superintendents that indicates board approval by both

the resident and nonresident districts.

Other exceptions to open enrollment pupil application procedures outlined under Minnesota Statutes, section

124D.03, subdivision 3 also apply:

• If, as a result of entering into, modifying, or terminating an agreement between boards, a pupil is

assigned after December 1 to a different school for enrollment beginning at any time, the pupil, the

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pupil's siblings, or any other pupil residing in the pupil's residence may submit an application to a

nonresident district at any time before July 1 for enrollment beginning the following school year.

• A pupil who becomes a resident of a district after December 1 may submit an application to a

nonresident district on January 15 or any time after that date for enrollment beginning any time before

the following December 1.

• If the commissioner of education and the commissioner of human rights determine that the policies,

procedures, or practices of a district are in violation of Title VI of the Civil Rights Act of 1964 (Public Law

88-352) or chapter 363A, any pupil in the district may submit an application to a nonresident district at

any time for enrollment beginning at any time.

In the case of these exceptions, the applicant, the applicant's parent or guardian, the district of residence, and

the district of attendance must observe open enrollment procedures outlined in Minnesota Statutes, section

124D.03, subdivisions 3 and 5, except that the application and notice deadlines do not apply.

Minn. Stat. §

124D.03, subd. 7

A family is eligible to complete a General or VPK/SRP Open Enrollment application at the same time they submit

a Nonresident Agreement; open enrollment would be effective in the school year following the next January 15

deadline. If applications for that school year exceed spots available, then the family’s application would be

included in the lottery.

26. When are nonresident agreements not used?

Nonresident agreements cannot be used if either the sending or receiving district participates in the

Achievement and Integration Program. There are two exceptions. First, if the district makes an exception to

allow enrollment of a student who has not kept a one-year enrollment commitment to another district.

Minn.

Stat. § 124D.03, subd. 5. Second, if the family’s – not the district’s – stated preference is a short-term open

enrollment in the non-resident district with no interest on the part of the family to stay for subsequent school

years.

27. Can the nonresident agreement application substitute for the General or VPK/SRP

application?

No, if incorrect paperwork is submitted, it should be re-completed on the correct application.

28. Can nonresident agreements circumvent the restrictions on data fields on General

or VPK/SRP applications?

No. Minnesota’s Human Rights Act, Minnesota Statutes, section 363A.13, subdivisions 2-4, applies to non-

resident agreements as well as standard open enrollment. Minnesota Statutes, section 124D.03, subdivision 6,

further limits factors that may be considered in a Minnesota inter-district enrollment options program.

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29. Can our district limit students enrolled through open enrollment and admit more

on Nonresident Agreements?

Based on interpretation, MDE practice is that nonresident agreements are only appropriate for short-term

enrollments of a year or less. They may not be used as a way to circumvent the protections and processes

outlined in the enrollment options statute or as a means of a year-to-year enrollment of the same student.

Minn. Stat. § 124D.08

30. What happens if a district enrolls a student without a Nonresident Agreement

when one was required?

If the student is not enrolled in the district under any of the listed statutes, e.g., open enrollment, agreements

between boards, graduation incentives or being placed by the resident district, the student is not eligible to

generate funding for the enrolling district. Please note, there may be funding implications if your district does

not have a nonresident agreement yet enrolls a student who missed a deadline that did not have a waiver.