ADMISSION OF NONRESIDENT STUDENTS IN OCPS

A student who is not a bona fide resident of Orange County shall not be permitted to enroll in OCPS. However, at the school board’s sole discretion, a nonresident student may be admitted to OCPS on a tuition-paying basis in accordance with Va. Code § 22.1-5 and pursuant to Orange County School Board Regulation JEC-R School Admission. In order to be admitted into OCPS, the nonresident student must be:

• assigned to OCPS by a Virginia state agency or placed within Orange County by a “sending agency” pursuant to the Interstate Compact on the Placement of Children, Va. Code § 63.2-1000; or
• a foreign exchange student from an approved foreign exchange agency/program (The division is not certified by the Student and Exchange Visitor Program (SEVP) and does not accept students who are in the U.S. in F-1 or M-1 status and require a Form I-20) or;
• approved by the superintendent/designee as a child of a full-time, nonresident employee; or
• approved by the School Board and granted admission to OCPS on a tuition-paying basis.
   

Admission Criteria and Termination of Enrollment

When considering a nonresident student for enrollment, the school division may take into consideration the following non-exhaustive factors:

• space and program availability;
• whether the enrollment will result in additional costs to the school division or create any other significant disruption to school operations;
• the need for hiring additional staff;
• the disciplinary or behavioral record of the student;
• any civil or criminal charges or convictions against the student;
• the academic record of the student; and
• whether the student requires educational services that can be provided by teachers and staff of Orange County Public Schools in its existing facilities and with existing programs and services.

The admission and enrollment of a student with disabilities under this policy does not create a legal obligation for the Orange County School Board to provide such student with a free appropriate public education (“FAPE”). The obligation to provide FAPE remains the obligation of the school division of the city or county in which the student is a legal resident. The parent or guardian of any nonresident student enrolled in the Orange County Public Schools pursuant to this policy shall be responsible for providing transportation for the student to and from school at the parents’ expense.

The student of a full-time, nonresident employee who is admitted under this program will be enrolled in the school where the parent is employed, the school nearest the employee’s work location, or at another school location consistent with Policy JCA Student Transfers. The school in which the student is enrolled pursuant to this paragraph shall be considered the base school for the transfer application process. In the event the parent/guardian is no longer an OCPS employee, the enrollment of the child may be terminated effective the date of separation of employment. The school board may, at its sole discretion, waive tuition for a child of a full-time, nonresident employee.

The enrollment of any nonresident student (regardless of grade, school assignment, or the time of school year) may be terminated upon graduation, expulsion, ineligibility to receive further services under IDEA, becoming emancipated, attaining the age of 20 years on or before August 1, or voluntarily or involuntarily withdrawing from or otherwise terminating enrollment for any cause. Additionally, the initial approval for admission of a nonresident, as well as the continued enrollment of a nonresident student, will be contingent upon attendance and behavior. Receiving a disciplinary referral or accumulating five unexcused absences or tardies within the school year may initiate a review and possible revocation of a nonresident student’s enrollment. Such terminations shall be without the possibility of readmission.

Student Transfers

Universal Considerations

All transfer requests shall be considered for approval within the constraints of school, grade level, and classroom capacities as well as program and/or curriculum availability.  Requests to transfer for students who require special programs, services, and supports will only be considered if the required programs, services, and supports are available at the requested school.  Parents/Guardians must complete the Student Transfer Request Form (JCA-F1) each year.  If child care is the reason for the transfer request, parents/guardians must also complete the Child Care Verification Form (JCA-F2).

'Closed School' - A school is considered closed for transfers when actual or projected enrollments meet or exceed building, grade-level, and/or staffing capacity.  Particular grade levels will be closed when student-teacher ratios exceed allowable maximums.  Additionally, a school will be considered closed when it reaches 90% or more of its design capacity or when designated as a closed school by the School Board.

Reasons for Student Transfers

A request for a student transfer to a school that is not closed may be approved for the reasons set forth below.

1. To accommodate the parents/guardians of elementary and middle school children when it is necessary for someone in a different school attendance area to care for the student before and/or after school.  The child care provider's residence and/or day care center must be located within the attendance area of the requested school.  Personnel at the requested school shall verify that (1) the child care provider is located within the school's attendance area, and (2) the child is actually under the supervision of the child care provider as stated on the student transfer request.  A complete Child Care Verification Form (JCA-F1) must be included with the student transfer request.
    
2. To meet the specific medical, emotional, and adjustive needs of a student.  Documentation (e.g., from physicians, psychologists, or counselors) that addresses the needs and specifies the manner in which a transfer out of a particular school shall meet the student's needs is required and must be included with the student transfer request.
    
3. To allow children of part-time or full-time school division employees who reside in Orange County to attend the school in which the parent is employed or the school nearest the employee's work location.  The student must reside with the school division employee.
    
4. Whenever any student has been the victim of any crime against the person pursuant to Chapter 4 of Title 18.2 of the Code of Virginia including crimes by mobs, crimes by gangs, terrorism offenses, kidnapping and related offenses, assaults and bodily woundings, robbery, extortion or other threats, or sexual assault, and such crime was committed:

• by another student attending classes in the school, or
• by any employee of the school board, or
• by any volunteer, contract worker or other person who regularly performs services in the school, or
• if the crime was committed upon the school property or on any school bus owned or operated by the school division

The student upon whom the crime was committed shall, upon written request from the student’s parents, or the student, if such student is an emancipated minor, be permitted to transfer to another comparable school within the division if available. Any transportation services for such students shall be provided in accordance with School Board policies.

For purposes of this policy, “victim” means any student who has been the victim of a crime against the person pursuant to Chapter 4 of Title 18.2 of the Code of Virginia, and who has suffered physical, psychological, or economic harm as a direct result of the commission of such crime.

5. Any student attending a school which has been designated as a persistently dangerous school by the Virginia Department of Education will be offered the opportunity to transfer to another school in the division which is not so designated.  If there is not another school in the division to which the students may transfer, the division may explore other appropriate options such as an agreement with a neighboring division to accept transfer students.  In the event that a student elects to transfer, the transfer may remain in effect as long at the student's original school is identified as persistently dangerous.
    
6. To allow students to transfer to a school based on some other valid need.  The reason for transfer must be described on the student transfer request and any substantiating documentation must be included with the request.

Closed School Transfers

1. Requests to transfer to a closed school will only be approved for one of the following reasons:
    
   1. extreme hardship case;
       
   2. children of part-time or full-time school division employees who reside in Orange County and are employed at the closed school or at the nearest work location to the closed school (note: the student must reside with the school division employee); or,
       
   3. children of full-time, nonresident employees (see OCPS Policy JEC School Admission)
       
2. Child care, and attending the same school in which a sibling attends, are not sufficient justifications for approval of a transfer to a closed school.

Conditions for Student Transfers

1. An approved student transfer request is subject to review and possible non-renewal in subsequent years based on the criteria set forth in this policy.
    
2. Transportation is not provided by OCPS for students attending a school on an approved student transfer from the child's home and/or back.
    
3. The initial approval of a student transfer request or continued student enrollment at a school outside the designated attendance zone will be contingent upon attendance and behavior.  Receiving a disciplinary referral or accumulating five unexcused absences or tardies within the school year may initiate a review and possible revocation of current transfer status.  Further, these instances may serve as grounds for denial of an initial transfer request.
    
4. Transfers may be revoked if the reason the transfer was approved is no longer valid for any reason, including, but not limited to not meeting requirements in any curricular program, attendance or behavior issues, or changing daycare provider.
    
5. Parents/Guardians must provide necessary documentation for transfer request(s).

Appeals of Transfer Decisions

The parent, guardian, or student 18 years or older may appeal, in writing, a denial of a request for a student transfer to the Superintendent or the Superintendent's designee.  An appeal must be received within 10 calendar days of the receipt of notification of the decision to deny a student transfer.  The decision made by the Superintendent and/or the Superintendent's designee shall be final.