Enrollment Policies/Practices

Arizona law states that enrollment in a school district shall not be “based on ethnicity, national origin, sex, income level, disability, proficiency in the English language or athletic ability.”[1] Therefore, school districts should consider the following when establishing or reviewing enrollment practices.

Student Academic Performance

Arizona Revised Statutes require school districts to “enroll at any time any resident pupil who applies for enrollment” and "to accept (open enrollment) pupils throughout the school year as capacity allows". Statute does not support school districts considering a student’s academic performance in connection with enrollment decisions.[2] Accordingly, school districts 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 academic assessment.

School districts may administer assessments to determine student placement or to determine if credits may transfer as core or elective credits; however, these assessments should not occur until after the student is fully enrolled.[3] The only exception is an early entry kindergarten readiness assessment, as determined by the school’s governing board (see “Age to Enroll in Kindergarten”).

School districts 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, school districts may not require academic records, including report cards and test scores during the enrollment process.

Student Disciplinary History

School districts 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, school districts should not inquire about a student’s disciplinary history, beyond expulsion.

Official Notice of Pupil Withdrawal

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.[6] The Withdrawal Form is a requirement for attendance but may not be a condition of enrollment.[7]

Immunizations

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 15-873.”[8] Accordingly, school districts 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.[9] [10] A school cannot deny enrollment due to the parent/guardian submitting an exemption form in place of immunization records. Students in foster care do not have to provide proof of immunization to enroll or attend school. [11]

Free and Reduced Lunch Application

School districts 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.[12] 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.[13]

Furthermore, income level may not be a consideration for enrollment.[14] Therefore, school districts should clearly state that completion of the Application is voluntary and that income level is not a consideration for enrollment.

Social Security Numbers

School districts may request, but cannot require, a student’s social security number during enrollment; however, the Board discourages this practice. If a school districts 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.[15]

Fees, Donations and Volunteer Hours

School district 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.[16] Furthermore, school districts may not refuse to enroll or maintain enrollment of a student due to the nonpayment to fees.[17]

Tours

Arizona Revised Statutes does not support requiring that students and/or parents/guardians participate in a tour of the school district as a condition of enrollment. School districts may offer a tour of the school to prospective students and families; however, a school district cannot mandate parent, guardian, or student participation in a school tour as a condition of enrollment.

Surveys

In an effort to learn about student needs and interests, school districts may wish to obtain information through a survey. However, school districts 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. School districts interested in collecting information to aid in student placement are advised to wait until after completion of the enrollment process before surveying students or to explicitly state that this information is not required for enrollment or used to make enrollment decisions.

Capacity

Each school must post on their website the capacity of the school and whether it is currently accepting open enrollment students by grade level and by specialized program. The capacity information must be updated at least every twelve weeks unless there are no changes to report. Schools are allowed, but not required, to report the number of seats available.

School districts shall accept pupils throughout the school year as capacity allows.[18]

If the school reaches capacity, as determined by the school district, after enrolling resident students and students with preferential enrollment eligibility, Arizona law requires that students be placed on a waiting list and selected through an equitable selection process, such as a lottery as capacity becomes available.[19]

The process for placing and selecting students from the list must be easily accessible on each school's website, be clearly stated in English and Spanish or any other language used by a majority of the populations served by the school or school district, be nondiscriminatory and comply with federal and state law. [20]

Attendance Boundaries

School districts may not use attendance boundaries to require students to attend certain schools based on the student's residence. [20] When a school district notifies parents or guardians of the students affected by a change or adoption in attendance boundaries, school districts must provide assurances that if the school remains open as part of the boundary change and capacity is available, students assigned to a new attendance area may stay enrolled in their current school.[21]

Policies

School districts are required to adopt open enrollment policies that comply with state and federal law and include but are not limited to: 1) basic information that is needed to request enrollment that is consistent with state and federal law regarding student privacy and civil rights; and 2) information regarding transportation or resources for transportation. The policies must be easily accessible on each school's website, be clearly stated in English and Spanish or any other language used by a majority of the populations served by the school or school district, and be nondiscriminatory.[22]

[1] A.R.S. § 15-816.01(F).

[2] A.R.S. § 15-816.01.

[3] A.R.S. § 15-701.01

[4] A.R.S. § 15-828(G).

[5] A.R.S. § 15-841(C).

[6] A.R.S. § 15-827.

[7] School districts are advised to seek guidance from their attorney and/or regarding requirements for students concurrently enrolled in the school district and one or more additional schools or programs.

[8] A.R.S. § 15-872.

[9] 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.

[10] 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.”

[11] Every Student Succeeds Act of 2015, Pub. L. No. 114-95 § 114 Stat. 1177 (2015-16) Section 1111(g)(1)(E))

[12] USDA Food and Nutrition Services Child Nutrition Programs, Eligibility Manual for School Meals: Determining and Verifying Eligibility, July 18, 2017.

[13] Id.

[14] A.R.S. § 15-816.01(F).

[15] 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.

[16] A.R.S. § 15-342(24).

[17] A.R.S. §§ 15-116(A) and (B).

[18] A.R.S. § 15-816.01(A).

[19] Id.

[20] Id.

[21] A.R.S. § 15-342(J)

[22] Id.

[23] Id.