FILE:  JBCC

Cf:  JBC, JBCD

STUDENT ASSIGNMENT

GENERAL STATEMENT OF POLICY

A child shall be domiciled within the Zachary Community School District in order to attend a Zachary Community School.  In order to enroll a child, legal custody is required, with a limited exception for students with special needs as provided by Louisiana Statutes.  In exceptional circumstances, persons without legal custody may enroll a child following the "Non-Parents without Legal Custody" Procedure, which is available from the Child Welfare and Attendance Office.  An Affidavit of Domicile may be presented when deemed appropriate by the Child Welfare and Attendance Officer.

DEFINITION OF DOMICILE

Each student shall have only one domicile, which is determined to be the place where he/she predominantly sleeps, takes meals, and maintains personal belongings.

DEFINITION OF LEGAL CUSTODY

Legal custody is defined as the legal status created by a court order which establishes in a custodian the right to have physical custody of the child.  The school principal or his/her designee shall be responsible for monitoring the school enrollment list and shall immediately refer to the Child Welfare and Attendance Officer the determination of proper school enrollment.

CHILDREN DOMICILED INSIDE ZACHARY COMMUNITY SCHOOL DISTRICT, DOMICILIARY REQUIREMENTS

To establish domicile in the Zachary Community School District, a parent or legal custodian must present sufficient information which supports both that the parent, legal custodian, or caregiver is actually domiciled within the Zachary Community School District and confirm that the child under his or her care, custody and/or control is actually domiciled with that parent or legal custodian.

CHILDREN WITH NO PERMANENT ADDRESS

Any child temporarily residing within the district who has no permanent address or who has been abandoned by his/her parent, or who is in foster care, shall be enrolled and allowed to attend school in the zone appropriate to the special circumstance of the child.

CHILDREN DOMICILED OUTSIDE OF THE ZACHARY COMMUNITY SCHOOL DISTRICT

No student who is domiciled outside of the Zachary Community School District shall be eligible to be enrolled and/or readmitted in a Zachary School.

CHILDREN OF EMPLOYEES OF THE ZACHARY COMMUNITY SCHOOL BOARD

If in the opinion of the principal, a child of an employee of the Zachary Community School Board may enroll without creating an undue hardship in respect to overcrowding, or materially impacting the racial balance at the school, he/she may attend school in the Zachary Community School District, unless specifically prohibited by any existing or future final court order.

AUTHORITY OF AND INVESTIGATIONS BY THE CHILD WELFARE AND ATTENDANCE OFFICER

When a non-parent does not have legal custody, hereinafter referred to as the "caregiver," the caregiver may petition the Child Welfare and Attendance Officer to declare an exceptional circumstance in order to allow enrollment.  By making such an application, the applicant agrees to provide any information requested by the Child Welfare and Attendance Officer.

The Child Welfare and Attendance Officer shall be responsible for reviewing all applications filed and shall thereafter conduct an investigation and make a physical inspection of any relevant residence of the child, including, but not limited to, any residence of the caregiver and any residence of the parent(s).

After the investigation, the Child Welfare and Attendance Officer shall prepare a report of all observations and findings and shall include a recommendation whether the application for enrollment should be accepted or declined and list any and all reasons which support this recommendation, including the reason(s) why legal custody has not been obtained by the caregiver with whom the child is domiciled.  The Child Welfare and Attendance Officer shall have the authority to approve or reject enrollment based upon the information presented to the Officer.

Upon receipt of the recommendation and supporting documentation, the Superintendent, or his/her designee, shall make a decision whether to accept or reject the student's application for enrollment based on all relevant facts pertaining to the minor child and his or her domicile in the Zachary Community School District.  If the Superintendent upholds the decision of the Child Welfare and Attendance Officer denying enrollment, the caregiver may petition the Education Committee of the Zachary Community School Board to review the case, as set forth in the Appeals Procedure, which is available from the Child Welfare and Attendance Office.

ATTENDANCE OUT OF ZONE

Attendance out of zone is allowable whenever a mental or physical impairment, medical condition, or other exceptional condition requires services which are unavailable at the school in the child's regular attendance zone, provided that a student requesting transfer for medical reasons and taking elective courses not offered at his/her regular school satisfies the following criteria:

1. Transfers requested for medical reasons must be verified by a physician's statement.
   
   

2. The parent or legal guardian must provide transportation.
   
   

3. The transfer must not create an overcrowded condition.

VERIFICATION OF DOMICILE

The principal shall be responsible for monitoring school enrollment and shall have authority to remove or transfer any student attending school out of district or out of zone.  When investigating the domicile of a student, the School Board, through the principal or the Child Welfare and Attendance Officer, shall attempt to verify the domicile of the legal parent, legal guardian, and/or caregiver as proven by the information provided to that Officer.

ASSIGNMENT OF STUDENTS WITH EXCEPTIONALITIES

Unless the Individualized Education Program (IEP) of a student with an exceptionality, except a gifted and talented student, requires some other arrangement, the School Board shall require the student with such an exceptionality to be educated in the school that the student would attend if he/she did not have an exceptionality.  However, if the educational needs of the student cannot be achieved satisfactorily in a regular class setting, the student may be placed in an educational environment designed to meet the appropriate needs of the student, as determined by the IEP committee.

However, a student with an exceptionality, except a gifted and talented student, shall be assigned to a school as requested by the parent, in accordance with La. Rev. Stat. Ann. §17:1944, if all the following conditions are met:

1. The parent submits a written request to the School Board responsible for the student and the respective School Board having jurisdiction over the school being requested, by not later than April first of the school year preceding the school year for which the parent is requesting the school assignment.  The request shall include a recommendation from at least two (2) licensed physicians who have treated the student during the year prior to the submission of the request.
   
   

2. The School Board responsible for the student and the respective School Board having jurisdiction over the school being requested by the parent enter into an agreement for the assignment of the student to the requested school.
   
   

3. The requested school is located at least ten (10) miles from the school to which the student is assigned, in accordance with applicable school attendance zone requirements.
   
   

4. The requested school is located at least fifteen (15) miles from the student’s home.
   
   

5. The requested school is not located in a public school district in which fifty percent (50%) or more of the public schools in the district are charter schools and fifty percent (50%) or more of the public schools in the district participate in a single application and enrollment process for public school enrollment.

GRADE ASSIGNMENT

Student assignments in K through 8 will be made by the principal of the school with teacher input.  The placement of a student shall be based on grades, achievement test scores, and participation in special programs and be made in accordance with the Pupil Progression Plan.  The parent or legal guardian of a student may file in writing to the School Board an objection to the assignment of the student, in which case the School Board shall review the assignment and investigate the circumstances in order to render a decision.

CLASSROOM ASSIGNMENT

High School

Selection of courses of study in grades 9 through 12 shall be made by individual students.  Assistance in planning course of study and selection of classes shall be provided by teachers, counselors, parents, and administrators.  Each student shall be furnished a schedule of classes offered and requirements for graduation.  Some classes may have prerequisites for enrollment.

Multiple Siblings

In grades kindergarten through second grade, the parent of twins, triplets, etc. (more than one child at a single birth event) may request that their children be placed initially in the same, or separate, classrooms, if the children are in the same grade at the same school.  Such a request shall be presented to the Superintendent or his/her designee no later than fourteen (14) days either after the first day of the school year or after the first day of attendance if the child enrolls after the fourteenth day of the school year.  Notwithstanding any law, rule, regulation, or School Board policy to the contrary, the request of the parent for initial placement shall be granted subject to further review.

As soon as possible after the end of the student’s first grading period, the Superintendent or his/her designee shall review the initial placement of the child.  If the Superintendent or his/her designee, in consultation with the school principal, the child’s(ren’s) teacher(s), and the parent, determines that the initial placement of the children is disruptive to the school or is not in the best educational interests of the child(ren), the initial placement of the child shall be modified, and the child(ren) shall be placed in accordance with School Board policy otherwise applicable to the child(ren).

Teachers with Felony Convictions

At the request of a student’s parent or legal guardian, a student shall be removed from the class of any teacher who has a felony conviction and placed in another class.

LEGAL BASIS OF POLICY

The Zachary Community School Board recognizes that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.  State ex rel. Satchfield v. Guillot, 820 So.2d 1255, (La. App. 3 Cir. 2002).

The Zachary Community School Board further understands that the liberty of parents and guardians includes feedback, involvement, and decision-making by and between teachers/support personnel and adults who are legally responsible for the upbringing and education of their children.  The decisions and/or recommendations made by an adult who is not legally responsible for the education of an unemancipated minor child, and who does not possess the legal authority to act for and on behalf of an unemancipated minor child, can result in official action being taken which is later invalidated, disapproved of, or challenged by a parent and/or the legal custodian, all of which can operate as a detriment to the education of the minor child.

The Zachary Community School District acknowledges that the domicile of an unemancipated minor is that of his father, mother, or tutor. Louisiana Civil Code Article 39.

The Zachary Community School Board desires and is committed to educate all children who actually are domiciled within the geographical boundaries of the Zachary Community School District; however, and to the extent that it is feasible, the Zachary Community School District must balance this obligation with the legal requirement that adults who seek to enroll or readmit unemancipated minor children in this system should have the legal authority to direct, control and manage the unemancipated minor child's education in our system.

The Zachary Community School Board shall have the authority and responsibility for the assignment, placement, transfer, and continued education of all students attending schools within its jurisdiction, as granted by Louisiana law.

With this understanding, the Zachary Community School Board adopts the above policy as its Student Assignment Policy relative to student enrollment and readmission in Zachary Schools.  Further information on the procedures for implementing this policy is available from the Child Welfare and Attendance Office.

Ref:    La. Rev. Stat. Ann. §§9:951, 9:952, 9:953, 9:954, 17:81, 17:104.1, 17:221.2, 17:221.3, 17:221.4, 17:221.5, 17:238, 17:1944

La. Civil Code, Art. 38, Art. 39, Art. 41, Art. 43, Art. 44

Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education

Board minutes, 11-21-02, 6-26-03, 11-18-04, 10-9-08, 12-16-10, 1-17-17, 2-5-19

Zachary Community School Board