Arizona Revised Statutes require charter schools to “enroll all eligible pupils who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building”.[1] Arizona law specifically states that enrollment shall not be “based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language or athletic ability.”[2] Therefore, charter schools should consider the following when establishing or reviewing enrollment practices.
Arizona Revised Statutes require charter schools to “enroll all eligible pupils who submit a timely application . . .” and does not support charter schools considering a student’s academic performance in connection with enrollment decisions.[3] Accordingly, charter schools may not refuse to enroll a student based on his/her academic ability or performance including, but not limited to, student credits (deficiencies, earned, forfeited or needed for graduation); performance on any essay, work sample, portfolio, interview or audition; grade point average, test results, promotion certificates; history of retention or perceived risk of retention; or other any other assessment.
Charter schools may administer assessments to determine student placement; however, these assessments should not occur until after the student is fully enrolled. An offered seat cannot be rescinded based on the result of such an assessment. It is allowable to administer an early entry kindergarten readiness assessment prior to offering a seat to a prospective kindergarten student not meeting the September 1 date, provided that the assessment is part of a process approved by the school’s governing board, (see “Kindergarten - Age Requirement”).
Charter schools are required to directly request a certified copy of the student’s records from the student’s prior school within five school days after enrollment.[4] For that reason, charter schools may not require academic records, including report cards and/or test scores during the enrollment process, regardless of the intended use of these documents (i.e. class placement).
Charter schools may refuse enrollment to a student who has been previously expelled, or in the process of being expelled, from another educational institution.[5] This exception does not apply to suspensions, behavior plans, or other disciplinary issues. During the enrollment process, charter schools shall not inquire about a student’s disciplinary history, beyond expulsion.
Charter schools may not discriminate on the basis of disability and are required to provide special education support to all students who require, or qualify, for services.[6] . Charter schools may not base enrollment decisions on a student’s disability.[7] Therefore, charter schools may not limit the number of students requiring special services through an enrollment cap of any kind or on the basis of a disability. Charter schools may not self-designate as an “inclusion only” school or cite the cost of providing serves as prohibitive in order to deny enrollment.
Requesting information regarding a student’s disability during the enrollment processes exposes schools to a claim of discrimination. Accordingly, the Board recommends a charter school not ask a prospective student if he or she has a disability during the enrollment process. If a school is chartered to serve students with a specific disability, the school may ask if the student has that disability but enrollment must remain open to all students.[8] If questions about identified disabilities or additional services are asked during the enrollment process, an enrolling family/student must have the ability to complete the enrollment process without providing an answer to the question.
Once a student with a disability is enrolled and admitted to a charter school, the student is entitled to FAPE. A charter school cannot require the submission of an Individualized Education Plan or Section 504 plan as a component of the enrollment process. If a parent chooses not to disclose a child’s needs for services, the child cannot be withdrawn after enrollment due to this omission.
For additional information pertaining to Special Education and enrollment, charters are encouraged to review this document.
A student who has previously attended a school in this state is required to submit a properly executed ADE Official Notice of Pupil Withdrawal form (“Withdrawal Form”) prior to his/her attendance.[9] The Withdrawal Form is a requirement for attendance but may not be a condition of enrollment.[10]
Pursuant to Arizona law, “[a] pupil shall not be allowed to attend school without submitting documentary proof [of immunization] . . . unless the pupil is exempted from immunization pursuant to section 15-872.”[11] Accordingly, charter schools may request, but may not require, proof of immunization or an exemption as a condition for enrollment. Such documentation is required prior to a student’s attendance but not for enrollment. [12] [13] A school cannot deny enrollment due to the parent/guardian submitting an exemption form in place of immunization records.
Charter schools are required to inform families that they may, if eligible, receive benefits under the Federal Child Nutrition Programs. To determine eligibility, parents or guardians must complete the Application for Free and Reduced Price Meals (the “Application”) which may not be accepted prior to July 1 of the school year for which it is intended.[14] For students enrolling prior to the start of the school year, inclusion of the Application in the enrollment packet prior to July 1 may result in an erroneous acceptance of the form. For students that enroll after the start of the school year, the Free and Reduced Application and program information must be provided at the time of enrollment and, if submitted, eligibility promptly determined.[15]
Furthermore, income level may not be a consideration for enrollment.[16] Therefore, if the form is included in the enrollment packet, charter schools must clearly state that completion of the Application is voluntary and that income level is not a consideration for enrollment.
Charter schools may request, but cannot require, a student’s social security number during enrollment; however, the Board discourages this practice. If a charter school requests a student’s social security number it must: (1) inform the student and parent that providing such is voluntary and that refusal to do so will not bar the student from enrollment or attending school, (2) explain the purpose for which the number will be used, and (3) inform the student and parents of school procedures used to protect the information in accordance with the Privacy Act of 1974.[17]
A charter school's authority to assess fees is limited by statute and does not provide for the assessment of fees - directly or indirectly (e.g. volunteer hours) - as a condition of enrollment.[18] Furthermore, charter schools may not refuse to enroll or maintain enrollment of a student due to the nonpayment of fees.[19]
Arizona Revised Statutes require charter schools to “enroll all eligible pupils who submit a timely application . . .”[20] and does not support requiring that students and/or parents/guardians participate in a tour of the charter school or interview as a condition of enrollment. Charter schools may offer a tour of the school to prospective students and families; however, a charter school cannot mandate parent, guardian, or student participation in a school tour or interview of the student or family as a precursor to or condition of enrollment.
In an effort to learn about student needs and interests, charter schools may wish to obtain information through a survey. However, charter schools should take precautions to avoid the perception of surveying prospective students for the purpose of eliminating potential candidates for enrollment. Surveys should avoid any question that may be directly or indirectly perceived as a factor for enrollment, including, but not limited to, questions regarding academic ability, athletic ability, medical history, etc. Charter schools interested in collecting information to aid in student placement are advised to request this information in the registration process, rather than the enrollment process or to explicitly state that completion of this information is not required for enrollment or used to make enrollment decisions.
Charter schools may establish an enrollment period to collect applications for enrollment.[21] If, after enrolling students with preferential enrollment eligibility, the number of applicants exceeds the schools capacity, Arizona law requires that students be selected through an equitable selection process, such as a lottery.[22]
Charter schools are required to enroll students throughout the school year, and up until the conclusion of the school year; however, they have discretion on how, or whether, to maintain a waiting list. If a school does maintain a waiting list, the process for placing and selecting students from the list should be clearly stated, nondiscriminatory and comply with federal and state law.
[1] A.R.S. § 15-184(A).
[2] A.R.S. § 15-184(F).
[3] A.R.S. § 15-184(A).
[4] A.R.S. § 15-828(G).
[5] A.R.S. § 15-184(I).
[6] Section 504 of the Rehabilitation Act of 1973; as amended, 29 U.S.C. §794; Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; U.S. Department of Education, Office for Civil Rights, Students with Disabilities in Charter Schools, January 2017.
[7] Id.
[8] Id.
[9] A.R.S. § 15-827.
[10] Charter schools are advised to seek guidance from their attorney and/or regarding requirements for students concurrently enrolled in the charter schools and one or more additional schools or programs.
[11] A.R.S. § 15-872.
[12] For guidance on immunization requirements for schools that offer an online program, refer to the Arizona Department of Health Services (“ADHS”), Arizona Immunization Handbook, School and Child Care Immunization Requirements, May 2020.
[13] Per guidance from ADHS on November 9, 2020: “[I]f the school has always been a ‘brick and mortar’ school, and the child is enrolled in that ‘brick and mortar’ school, but is doing the online version of school due to COVID, the immunization requirements are to remain per statute/rule. . . . With the combination of hybrid options available, schools should ensure children are ready to return in-person at any time, and up-to-date immunization records are a part of that process.”
[14] USDA Food and Nutrition Services Child Nutrition Programs, Eligibility Manual for School Meals: Determining and Verifying Eligibility, July 18, 2017.
[15] Id.
[16] A.R.S. § 15-184(F).
[17] U.S. Department of Justice, Civic Rights Division and U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter: School Enrollment Procedures, May 8, 2014.
[18] A.R.S. § 15-342(24).
[19] A.R.S. §§ 15-116(A) and (B).
[20] A.R.S. § 15-184(A).
[21] See A.R.S. § 15-184(A).
[22] A.R.S. § 15-184(B)(C)(D) and (E).