Windsor CUSD #1                                                                                                                    7:50

 

Students

School Admissions and Student Transfers To and From Non-District Schools [1]

Age [Elementary or Unit Districts only]

To be eligible for admission, a child must be 5 years old on or before September 1 of that school term. [2] A child entering first grade must be 6 years of age on or before September 1 of that school term. [3] Based upon an assessment of the child’s readiness, a child will be allowed to attend first grade if he or she attended a non-public preschool, continued his or her education at that school through kindergarten, was taught in kindergarten by an appropriately licensed teacher, and will be 6 years old on or before December 31. [4] A child with exceptional needs who qualifies for special education services is eligible for admission at 3 years of age. [5] [6]

Admission Procedure

All students must register for school each year on the dates and at the place designated by the Superintendent. Parents/guardians of students enrolling in the District for the first time must present:

1.       A certified copy of the student’s birth certificate. If a birth certificate is not presented, the Superintendent or designee shall notify in writing the person enrolling the student that within 30 days he or she must provide a certified copy of the student’s birth certificate. A student will be enrolled without a birth certificate. [7] When a certified copy of the birth certificate is presented, the school shall promptly make a copy for its records, place the copy in the student’s temporary record, and return the original to the person enrolling the child. If a person enrolling a student fails to provide a certified copy of the student’s birth certificate, the Superintendent or designee shall immediately notify the local law enforcement agency, and shall also notify the person enrolling the student in writing that, unless he or she complies within 10 days, the case will be referred to the local law enforcement authority for investigation. If compliance is not obtained within that 10-day period, the Superintendent or designee shall so refer the case. The Superintendent or designee shall immediately report to the local law enforcement authority any material received pursuant to this paragraph that appears inaccurate or suspicious in form or content. [8]

2.       Proof of residence, as required by Board policy 7:60, Residence.

3.       Proof of disease immunization or detection and the required physical examination, as required by State law and Board policy 7:100, Health, Eye, and Dental Examinations; Immunizations; and Exclusion of Students. [9]

The individual enrolling a student shall be given the opportunity to voluntarily state whether the student has a parent or guardian who is a member of a branch of the U. S. Armed Forces and who is either deployed to active duty or expects to be deployed to active duty during the school year. [10] Students who are children of active duty military personnel transferring will be allowed to enter: (a) the same grade level in which they studied at the school from which they transferred, if the transfer occurs during the District’s school year, or (b) the grade level following the last grade completed. [11]

Homeless Children

Any homeless child shall be immediately admitted, even if the child or child’s parent/guardian is unable to produce records normally required for enrollment. [12] Board policy 6:140, Education of Homeless Children, and its implementing administrative procedure, govern the enrollment of homeless children.

Student Transfers To and From Non-District Schools [13]

A student may transfer into or out of the District according to State law and procedures developed by the Superintendent or designee. A student seeking to transfer into the District must serve the entire term of any suspension or expulsion, imposed for any reason by any public or private school, in this or any other state, before being admitted into the School District.

Foreign Students [High School or Unit Districts only] [14]

The District accepts foreign exchange students with a J-1 visa and who reside within the District as participants in an exchange program sponsored by organizations screened by administration. Exchange students on a J-1 visa are not required to pay tuition. [15]

Privately sponsored exchange students on an F-1 visa may be enrolled if an adult resident of the District has temporary guardianship, and the student lives in the home of that guardian. Exchange students on an F-1 visa are required to pay tuition at the established District rate. [16] F-1 visa student admission is limited to high schools, and attendance may not exceed 12 months.

The Board may limit the number of exchange students admitted in any given year. Exchange students must comply with District immunization requirements. Once admitted, exchange students become subject to all District policies and regulations governing students.

Re-enrollment [17] [High School or Unit Districts only]

Re-enrollment shall be denied to any individual 19 years of age or above who has dropped out of school and who could not earn sufficient credits during the normal school year(s) to graduate before his or her 21st birthday. However, at the Superintendent’s or designee’s discretion and depending on program availability, the individual may be enrolled in a graduation incentives program established under 105 ILCS 5/26-16 or an alternative learning opportunities program established under 105 ILCS 5/13B-1 (see 6:110, Programs for Students At Risk of Academic Failure and/or Dropping Out of School and Graduation Incentives Program). Before being denied re-enrollment, the District will offer the individual due process as required in cases of expulsion under policy 7:210, Expulsion Procedures. A person denied re-enrollment will be offered counseling and be directed to alternative educational programs, including adult education programs that lead to graduation or receipt of a GED diploma. This section does not apply to students eligible for special education under the Individuals with Disabilities Education Improvement Act or accommodation plans under the Rehabilitation Act, Section 504.

LEGAL REF.:         McKinney Homeless Assistance Act, 42 U.S.C. §11431 et seq.

Family Educational Rights and Privacy Act, 20 U.S.C. §1232.

Illegal Immigrant and Immigrant Responsibility Act of 1996, 8 U.S.C. §1101.

Individuals With Disabilities Education Improvement Act, 20 U.S.C. §1400 et seq.

Rehabilitation Act, Section 504, 29 U.S.C. §794.

105 ILCS 5/2-3.13a, 5/10-20.12, 5/10-22.5a, 5/14-1.02, 5/14-1.03a, 5/26-1, 5/26-2, 5/27-8.1, 10/8.1, 45/, and 70/.

325 ILCS 50/ and 55/.

410 ILCS 315/2e.

20 Ill.Admin.Code Part 1290, Missing Person Birth Records and School Registration.

23 Ill.Admin.Code Part 375, Student Records.

CROSS REF.:         6:30 (Organization of Instruction), 6:110 (Programs for Students At Risk of Academic Failure and/or Dropping out of School and Graduation Incentives Program), 6:140 (Education of Homeless Children), 6:300 (Graduation Requirements), 6:310 (High School Credit for Non-District Experiences; Course Substitutions; Re-Entering Students), 7:60 (Residence), 7:70 (Attendance and Truancy), 7:100 (Health, Eye, and Dental Examinations; Immunizations; and Exclusion of Students), 7:340 (Student Records)

 

Administrative Procedure - School Admissions and Student Transfers To and From Non-District Schools

Annual Review

The Superintendent or designee reviews this procedure to ensure it is consistent with applicable State and federal laws.

Legal Citations

The legal requirements contained in this procedure are followed by a citation to the controlling rule and/or statute. Citations in parenthesis indicate the location of a named law. For additional clarification regarding a requirement, the cited law should be reviewed.

Guidance Documents

The following non-regulatory guidance list provides more information:

1. Ill. State Board of Education’s annual registration and enrollment guidance document titled Residency & Enrollment, Immigrant Pupils, Homeless Pupils and School Fees & Waivers, www.isbe.net/pdf/guidance_reg.pdf;

2. Dear Colleague Letter: School Enrollment Procedures, (OCR 05/08/14),

www2.ed.gov/about/offices/list/ocr/letters/colleague-201405.pdf;

3. Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents (revised 05/08/14),

www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf; and

4. Fact Sheet: Information on the Rights of All Children to Enroll in School,

www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201405.pdf.

Transferring In

Steps

Requirements and Actions That Must Be Completed

Compliance with admission eligibility prerequisites in State law and School Board policy

All students seeking admission shall meet all residency, age, health examination, immunization, and other eligibility prerequisites as mandated by State law and School Board policy on admissions. See Board policy 7:50, School Admissions and Student Transfers To and From Non-District Schools.

Compliance with the Missing Children Records Act and Missing Children Registration Law  [18]

The Building Principal or designee of the school into which the student is transferring shall notify in writing the person enrolling the student that within 30 days he or she must provide a certified copy of the student’s birth certificate. 325 ILCS 55/5(b); 20 Ill.Admin.Code §1290. 60(a).

If the person enrolling a student fails to comply with the above requirement, the Building Principal or designee shall immediately notify the local law enforcement agency and shall also notify the person enrolling the student in writing that, unless he or she complies within 10 days, the matter will be referred to the local law enforcement authority for investigation. If compliance is not obtained within that 10-day period, refer the case.

The Building Principal or designee shall immediately report to the local law enforcement authority and the Dept. of State Police any affidavit explaining the inability to produce a copy of the birth certificate that appears inaccurate or suspicious in form or content. 325 ILCS 50/5 and 55/5(b).

The Building Principal or designee shall, within 14 days after enrolling a transfer student, request directly from the student’s previous school a certified copy of the student’s record. 23 Ill.Admin.Code §375.75(b); §325 ILCS 50/5(c).

Compliance with the Good Standing Requirement

The parent(s)/guardian(s) of a student who is transferring from an Illinois public school shall ensure that a completed Good Standing Form from that school arrives at the school into which the student is transferring. 105 ILCS 5/2-3.13a.

The Good Standing Form, ISBE Form 33-78, available at: www.isbe.net/recognition/pdf/33-78_student_transfer.pdf, indicates whether the student’s medical records are current and whether the student is currently being disciplined by a suspension or expulsion. 105 ILCS 5/2-3.13a.

If the student is transferring from any private school (whether located in Illinois or not) or any non-Illinois public school, the parent(s)/guardian(s) shall certify in writing that the student is not currently serving a suspension or expulsion imposed by the school from which the student is transferring. 105 ILCS 5/2-3.13a.

The Building Principal or designee shall deny admittance to any student who was suspended or expelled for any reason from any public or private school in this or any other state until the student completes the entire term of the suspension or expulsion. 105 ILCS 5/2-3.13a. The Superintendent or designee may, upon the request of the parent(s)/guardian(s), place the student in an alternative school program established under the School Code. 105 ILCS 5/2-3.13a; 5/10-22.6, amended by P.A. 97-495. Note: Amend this paragraph as necessary to be consistent with board policy (see f/n 14, policy 7:50, School Admissions and Student Transfers To and From Non-District Schools and policy 7:190, Student Discipline).

If the student is transferring from an Illinois public school, the Building Principal or designee shall refuse to admit the student unless the student can produce a Good Standing Form.

If the student is transferring from any private school (whether located in Illinois or not) or any non-Illinois public school, the Building Principal or designee shall refuse to admit the student unless his or her parent(s)/guardian(s) certify in writing that the student is not currently serving a suspension or expulsion imposed by the school from which the student is transferring.

Compliance with the School Code and the Illinois School Student Records Act

If a request has not been made, the Building Principal shall request academic transcripts and medical records from the student’s former school.

The Building Principal or designee shall enroll a student whose former school transferred an unofficial record of grades in lieu of the student’s official transcript of scholastic records pursuant to 105 ILCS 5/2-3.13a(a) and 23 Ill.Admin.Code §375.75(i). 105 ILCS 10/8.1.

Out-of-state transfer students, including children of military personnel, may use unofficial transcripts for admission to a school until official transcripts are obtained from the student’s last school district. 105 ILCS 5/10-8.1 & 70/32, added by P.A. 98-673. Simultaneous with the enrollment of a child of active duty military personnel, the Building Principal or designee shall request the child’s educational records from his or her former school. 105 ILCS 70/32, added by P.A. 98-673.

Compliance with laws concerning education of homeless children  

The Building Principal or designee shall immediately enroll a homeless child even if the child is unable to produce records normally required for enrollment, in accordance with 6:140, Education of Homeless Children and 6:140-AP; Education of Homeless Children. 42 U.S.C. §11432(g)(3)(C)(i)(McKinney Homeless Assistance Act) and 105 ILCS 45/1-20.

The Building Principal or designee must immediately contact the school last attended by the child to obtain relevant academic and other records. 42 U.S.C. §11432(g)(3)(C)(ii) and 105 ILCS 45/1-10.

Other admission steps

Building Principal or designee shall make the class or grade level assignment, with input from a counselor when needed, and may accept or reject the transferring school’s recommendations.

When parent(s)/guardian(s) of a student eligible for special education present an individualized education program to a new school, the student must be placed in a program in accordance with the IEP. 105 ILCS 5/10-20.12A.

The Building Principal or designee shall administer 6:160-E1, Student Home Language Survey, to each student entering the District’s schools for the first time. 23 Ill.Admin.Code §228.15.

If the Building Principal or designee did not send a request for records to the student’s former school or school district, he or she shall send a notification to the school or school district from which the student transferred documenting that the student has enrolled in the school. 105 ILCS 5/2-3.13a(c); 23 Ill.Admin.Code §375.75(e).

The individual enrolling a student shall be given the opportunity to voluntarily state whether the student has a parent or guardian who is a member of a branch of the U.S. Armed Forces and who is either deployed to active duty or expects to be deployed to active duty during the school year. P.A. 99-30 repealed 105 ILCS 5/22-65; this language is not contained in 105 ILCS 70/. All course, program, extracurricular, graduation and other placements from the student’s former school shall be initially honored if the District has those options, and spaces available. 105 ILCS 70/35, added by P.A. 98-673.

For Districts that collect biometric information:

The Building Principal or designee shall notify the student and the student’s parent(s)/guardian(s) of their rights with respect to the collection, distribution, and retention of biometric information in accordance with the Student Biometric Information Collection subhead in 7:340, Student Records. 105 ILCS 5/10-20.40 and 23 Ill.AdminCode §375.30(a).

Transferring Out

Steps

Requirements and Action That Must Be Completed

Initial step

The parent(s)/guardian(s) of a student shall notify the Building Principal of their intent, pay outstanding fees or fines, sign a release form authorizing the release of student records, and return all school-owned property.

Compliance with the Illinois School Student Records Act

After receiving a request to transfer school student records, the Building Principal or designee of the transferring school must provide written notice of the nature and substance of the information to be transferred and the opportunity to inspect, copy, and challenge the record. 23 Ill.Admin.Code §§375.70(a) and 375.75(b).

The Building Principal or designee of the transferring school must, within 10 days of the notice of the student’s transfer, forward a copy of the student’s school record to the student’s new school. [105 ILCS 10/8.1.] Each school must forward written information relative to the grade levels, subjects and record of academic grades achieved, current mathematics and language arts placement levels, health records and a most current set of standardized test reports. However, if the student has unpaid fines or fees and is transferring to a public school located in Illinois or any other state, an official record of the student’s grades will be sent in lieu of the student’s official transcript of scholastic records. 105 ILCS 5/2-3.13a(a), 23 Ill.Admin.Code §375.75(i).

For children of active duty military personnel, if official educational records cannot be released to a student for the purpose of transferring, the Building Principal or designee shall prepare and furnish a complete set of unofficial educational records to the extent feasible. 105 ICLS 70/32(a), added by P.A. 98-673.

The Building Principal or designee shall, within 10 days after the student has paid all of his or her outstanding fines and fees and at the school’s own expense, forward an official transcript of the scholastic records as defined in 23 Ill.Admin.Code §375.75(i). 105 ILCS 5/2-3.13a(a).

The Building Principal shall notify the parent(s)/guardian(s) and the student of the destruction schedule for the student’s permanent and temporary school records and of his or her right to request a copy of those records. 105 ILCS 10/4(h); 23 Ill.Admin.Code §375.40(c).

If within 150 days after a student leaves a school, the school has not received a request for the student’s record, or been presented with other documentation that the student has enrolled in another school, the student is counted in the school’s and District’s calculation of its annual dropout rate. 105 ILCS 5/2-3.13a; 23 Ill.Admin.Code §375.70(d).

Compliance with requirements for destruction of biometric information (if applicable)

The Building Principal or designee of the transferring school shall, within 30 days, ensure the destruction of any biometric information collected in accordance with the Student Biometric Information Collection subhead in 7:340, Student Records.

No biometric information shall be transferred to another school district in which a student has enrolled. 105 ILCS 5/10-20.40; 23 Ill.Admin.Code §375.70(a). Destruction of a student’s biometric information is not subject to authorization by the appropriate Local Record Commission. 50 ILCS 205/7. 23 Ill.Admin.Code §375.40(c).

Compliance with the Missing Children Records Act and Missing Children Registration Law

The Building Principal or designee of the transferring school must send the student’s records within 10 days of receipt of the request, unless the record has been flagged pursuant to the Missing Children’s Act; if flagged, the copy shall not be forwarded and the requested school must notify the local law enforcement authority and Dept. of State Police of the request. 325 ILCS 55/5 and 50/5.

If the Dept. of State Police notifies a school of a current or former student’s disappearance, the school must flag the student’s record so that whenever information regarding the record is requested, the school can immediately report the request to the Dept. of State Police.

Compliance with the Good Standing Requirement

The Building Principal or designee of the transferring school shall send to the school in which the student will or has enrolled a completed Good Standing Form (ISBE Form 33-78 available at: www.isbe.net/recognition/pdf/33-78_student_transfer.pdf), and, if a transferring student is currently suspended or expelled, indicate: 105 ILCS 5/2-3.13a.

1. The date and duration of the suspension or expulsion, and

2. Whether the suspension or expulsion is for knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. §8921 et seq.), for knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or for battering a staff member of the school.

Compliance with the Illinois Domestic Violence Act

If a child transferring to another school is a protected person under an order of protection, the petitioner may request the Building Principal or designee to provide written notice of the order of protection, along with a certified copy of the order, to the institution to which the child is transferring. 750 ILCS 60/222.

The Building Principal or designee shall respond to the above request by providing, within 24 hours of the transfer or sooner if possible, written notice of the order of protection, along with a certified copy of the order, to the institution to which the child is transferring. 750 ILCS 60/222.

Compliance with requirements for tracking transfer

The Superintendent and Building Principal, or their designees, shall count a student as a dropout in the calculation of a school’s and District’s annual student dropout rate unless the school or district to which a student transferred sends notification that the student has enrolled in the transferee school or school district. 105 ILCS 5/2-3.13a(c); 23 Ill.Admin.Code §375.75(e).

LEGAL REF.: Family Educational Rights and Privacy Act, 20 U.S.C. §1232.

Missing Children Records Act, 325 ILCS 50/.

Missing Children Registration Law, 325 ILCS 55/.

105 ILCS 5/2-3.13a , 10/8.1, 45/1-20, and 70/.

750 ILCS 60/222.

20 Ill.Admin.Code §1290.60(a).

23 Ill.Admin.Code §370.70 and §375.75.

 

 



[1] State law requires some of the subject matter contained in this sample policy to be covered by policy and controls this policy’s content. Boards must adopt a policy on school admissions (105 ILCS 5/10-21.2) and restricting a student from transferring from another school while under a suspension or expulsion from that school (105 ILCS 5/10-22.6). A registration guidance document, updated annually, is available from the Ill. State Board of Education (ISBE) at: www.isbe.net/pdf/guidance_reg.pdf.

[2] 105 ILCS 5/10-20.12. The district may, however, establish a kindergarten for children between the ages of 4 and 6 years old (105 ILCS 5/10-20.19a and 5/10-22.18). Any child between the ages of 7 and 17 (unless the child has already graduated from high school) must attend public or private school, with certain exceptions allowed for physical and mental disability, lawful employment, or other reasons as specified by statute (105 ILCS 5/26-1). The phrase “a child between the ages of 7 and 17” is liberally construed to fully carry out the true intent and meaning of the General Assembly (5 ILCS 70/1.01), which is to ensure that students graduate from high school (105 ILCS 5/26-1). Therefore “the ages of 7-17” means a child is 17 until his or her 18th birthday.

[3] Optional sentence.

[4] Required by 105 ILCS 5/10-20.12. Use the following alternative in a district operating on a full year school basis:

To be eligible for admission, a child must be at least 5 years old within 30 days after the commencement of that school term. Based upon an assessment of the child’s readiness, a child may attend first grade if he or she attended a non-public preschool and continued his or her education at that school through kindergarten, was taught in kindergarten by an appropriately licensed teacher, and will attain age 6 within 4 months after the commencement of the term.

[5] 105 ILCS 5/14-1.02 and 5/14-1.03a. An ISBE rule states: “Each school district shall be responsible for actively seeking out and identifying all children from birth through age 21 within the district (and those parentally-placed private school children for whom the district is responsible under 34 C.F.R. §300.131) who may be eligible for special education and related services,” (23 Ill.Admin.Code §226.100). Note that after a child is determined to be eligible for special education services, the child must be placed in the appropriate program no later than the beginning of the next school semester (105 ILCS 5/14-8.02(b).

[6] 105 ILCS 5/10-20.12. Districts that wish to permit early admission may add the following optional paragraph:

Parents/guardians may request early admission for a child. The Superintendent or designee shall assess the child’s readiness to attend school and make the decision accordingly.

Districts that implement this option should also consider implementing specific and objective criteria for early admissions and address such issues as who pays the costs for assessments, etc. Using this exception defeats the age requirement rules because it only relies upon a child’s readiness, regardless of his or her age.

[7] Presenting a certified copy of a student’s birth certificate is a missing children’s law enforcement issue that may not be used for denying enrollment. See Guidance Documents subhead in 7:50-AP, School Admissions and Student Transfers To and From Non-District Schools, for more information about enrollment and residency issues. Consult the board attorney if a student cannot produce a certified copy of his or her birth certificate and wishes to provide a passport, visa or other governmental documentation of identity. To balance the tension between the missing children’s laws reporting requirements and Plyler v. Doe, many attorneys advise not to report a student’s failure to produce a birth certificate; however always consult the board attorney for assistance based upon the specific facts of the enrollment situation (see f/n  8 below).

[8] Two almost identical laws govern this requirement: Missing Children Records Act (325 ILCS 50/) and Missing Children Registration Law (325 ILCS 55/). We reconciled their differences as much as possible but chiefly used the language from the Registration Law because it has the clearest explanation. The statutory enforcement requirements, as nonsensical as they may seem, are quoted in the policy. Important: Schools cannot deny admission based upon immigration (illegal) status alone. Note that singling out foreign-looking students for visa requests is probably illegal discrimination. See Plyler v. Doe, 102 S.Ct. 2382 (1982). See also f/n 12 below.

According to the State Police, a certified copy of the student’s birth certificate is the only acceptable proof of the child’s identity and age (20 Ill.Admin.Code §1290.60(a). For more discussion about acceptable proof of identity, see f/n 1 in 7:50-AP, School Admissions and Student Transfers To and From Non-District Schools. The Missing Children’s Records Act requires schools to make prompt copies of these certified copies. Once made, schools need not request another certified copy with respect to that child for any other year in which the child is enrolled in that school or other entity. While the Act does not mandate where the copy should be kept, it is appropriate for placement in the student’s temporary record. See 23 Ill.Admin.Code §375.10. The school person who receives the copy of the certified birth certificate should initial and date the document. That way, if there is a question or an investigation (which can happen even years after enrollment) there will not be an issue as to who received the document and the date it was processed.

A district must also flag a student’s record on notification by the State police of the student’s disappearance and report to the State police any request for a flagged student record.

[9] Each school must maintain records for each student that reflect compliance with the examinations and immunizations required by 105 ILCS 5/27-8.1; 23 Ill.Admin.Code §1.530(a). A Tuberculosis skin test is required if the student lives in an area designated by the Dept. of Public Health as having a high incidence of Tuberculosis.

[10] This paragraph is optional in the policy; it reflects the requirements of State and federal law. P.A. 99-30 repealed the Military Compact Act at 105 ILCS 5/22-65 because of the Educational Opportunity for Military Children Act; this exact language is not contained in the recoded Educational Opportunity for Military Children Act, 105 ILCS 70/.

[11] Optional sentence. The Educational Opportunity for Military Children Act, 105 ILCS 70/33, added by P.A. 98-673, further details enrollment and entrance requirements for children of active military personnel. After enrollment, the law allows a district to perform evaluations to ensure appropriate placement of the student. Course, program, graduation, extracurricular(s), and other placement options for this student population are further discussed in 7:50-AP, School Admissions and Student Transfers To and From Non-District Schools.

[12] Required by 105 ILCS 45/ and the McKinney Homeless Assistance Act, 42 U.S.C. §11431 et seq., amended by the No Child Left Behind Act. See §11432(g)(3)(C)(i).

[13] 105 ILCS 5/2-3.13a requires each transferor (original) school to keep documentation of transfers in the student’s record. It also requires “notification [by the transferee (recipient) school] of the transfer on or before July 31 following the school year during which the student withdraws from the transferor school or school district or the student shall be counted in the calculation of the transferor school’s or school district’s annual student dropout rate.” ISBE rule, 23 Ill.Admin.Code §375.75(e), is consistent with this requirement. The rule also requires the transferring school or district to maintain any documentation of the student’s transfer, including records indicating the school or school district to which the student transferred, in that student’s temporary record.

Out-of-state transfer students, including children of military personnel, may use unofficial transcripts for admission to a school until official transcripts are obtained from the student’s last school district (105 ILCS 5/10-8.1 & 70/32, added by P.A. 98-673). See also 7:50-AP, School Admissions and Student Transfers To and From Non-District Schools.

A board has 2 basic options for students transferring into the district who are serving a suspension or expulsion. Under option one, it may comply with the minimum requirements of section 2-3.13a by refusing to allow a student transferring from any public school to attend classes until the period of any suspension or expulsion has expired when the penalty was for: (1) knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act, (2) knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or (3) battering a staff member of the school. Under option two, a board may require a student who was suspended or expelled for any reason from any public or private school in this or any other state to complete the entire term of the suspension or expulsion before being admitted to the school district. The sample policy uses the second, more simple, more comprehensive alternative.

A board may adopt a policy providing that if a student is suspended or expelled for any reason from any school, anywhere, the student must complete the suspension’s or expulsion’s entire term in an alternative school program under Article 13A before being admitted into the school district if there is no threat to the safety of students or staff in the alternative program (105 ILCS 5/2-3.13a; 5/10-22.6 (g). If a board wants to provide for this alternative, it may add the following to either of the above options:

The Superintendent is authorized to allow a student who was suspended or expelled from any public or private school to be placed in an alternative school program established under Article 13A of the School Code for the remainder of the suspension or expulsion.

[14] Generally, a citizen of a foreign country who wishes to enter the U.S. must first obtain either: (1) a nonimmigrant visa (for temporary stay for tourism, medical treatment, business, temporary work, or study), or (2) an immigrant visa for permanent residence. Common visas presented by foreign students are:

1.        J-1 nonimmigrant visas for participants in educational and cultural exchange programs designated by the U.S. Department of State, Exchange Visitor Program, and Designation Staff. These students are enrolled provided they otherwise qualify for admission. For information about J-1 visas and the Exchange Visitor Program, see j1visa.state.gov/programs.

2.        F-1 nonimmigrant student visa. F-1 visas are not issued for attendance at an elementary or middle school (K-8). Before obtaining an F-1 student visa, the individual must submit evidence that the school district has been reimbursed for the unsubsidized per capita cost of the education. These students are enrolled provided they otherwise qualify for admission. However, attendance at U.S. public high schools cannot exceed a total of 12 months.

3.        B-2 visitor nonimmigrant visas. There is disagreement over whether these students must be enrolled tuition free. Their visitor visa is evidence of non-resident status. Call INS or the district’s attorney for guidance.

4.        The qualified school-age child of an alien who holds another type of visa (i.e., A, E, H, I, L, etc.), other than a visitor visa. These students are enrolled provided they otherwise qualify for admission. Likewise, dependents of foreign nationals on long-term visas are enrolled provided they otherwise qualify for admission.

5.        No immigration documentation. Plyler v. Doe, 102 S.Ct. 2382 (1982). A school cannot deny admission based upon immigration (illegal) status alone. Note that singling out foreign-looking students for visa requests is probably illegal discrimination. Thus, undocumented aliens are enrolled, provided they otherwise qualify for admission.

6.        Immigrant visa. These students are enrolled provided they otherwise qualify for admission.

The Student and Exchange Visitor Information System (SEVIS) is an Internet-based system that provides tracking and monitoring, with access to accurate and current information on nonimmigrant students (F and M visas) and exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). See §641, Illegal Immigration Reform and Immigrant Responsibility Act. Section 641 is an exception to the Family Educational Rights and Privacy Act. See 8 C.F.R. §214.1(h). SEVIS enables schools and program sponsors to transmit electronic information and event notifications, via the Internet, to the INS and Department of State throughout a student’s or exchange visitor’s stay. SEVIS will provide system alerts, event notifications, and reports to the end-user schools and programs, as well as for INS and DOS offices.

According to federal regulations, students who apply for F-1, M-1, F-3, or M-3 visas must pay a $100 fee, and students who apply for J-1 visas must pay a $35 fee, to the Department of Homeland Security. The regulations describe when and how the fee is to be paid, who is exempt from the fee, and the consequences for failure to pay (8 C.F.R. Parts 103, 214, and 299).

Important: Admitting students on an F-1 visa may require the district to admit students transferring from another district under NCLBA’s school choice provisions. See policy 7:60, Residence.

[15] State law allows, but does not require, boards to waive nonresident tuition for these students (105 ILCS 5/10-22.5a).

[16] Exchange students on F-1 visas must pay the full-unsubsidized public education costs before entering the U.S. (8 U.S.C. §1101). Boards may not waive the fee.

[17] 105 ILCS 5/26-2(b). The requirements in this section are provided in State law, that is: (1) it is mandatory that a district deny re-enrollment as provided in this section, (2) it is permissive whether to enroll the individual in a district graduation incentives program or alternative learning opportunities program (although depending on circumstances, a student below the age of 20 may be entitled to enroll in a graduation incentives program), (3) it is mandatory to provide due process before denying re-enrollment, (4) it is mandatory to offer the individual who is denied re-enrollment counseling and to direct that person to alternative educational programs, and (5) it is mandatory that this section not apply to students eligible for special education.

105 ILCS 5/26-2(c) allows a district to deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum academic or attendance standards if certain conditions are met. See policy 7:70, Attendance and Truancy.

[18] The Missing Children Records Act (325 ILCS 50/) and the Missing Children Registration Law (325 ILCS 55/) are almost identical. Both require either a certified copy of the student’s birth certificate or “other reliable proof, as determined by the [Ill. Dept. of State Police], of the child’s identity and age and an affidavit explaining the inability to produce a copy of the birth certificate.”

What constitutes “other reliable proof of a child’s identity” is unclear.  The Missing Children Records Act (325 ILCS 50/5(b)(1) defines it as “a passport, visa or other governmental documentation of the child’s identity.” The Missing Children Registration Law, 325 ILCS 55/5(b), defines it by referring to the Ill. Dept. of State Police’s implementing rule at 20 Ill.Admin.Code §1290. 60(a). The rule states that a certified copy of the student’s birth certificate is the only acceptable proof of a student’s identity and age for purposes of school enrollment. Further, it states that “The Department finds no other proof to be reliable.”

Requiring a certified copy of the birth certificate is the best practice to comply with State law but school districts may not prevent or discourage a child from enrolling or attending school because he or she lacks a birth certificate. Consult the board attorney if a student cannot produce a certified copy of his or her birth certificate and wishes to provide a passport, visa or other governmental or religious documentation of identity. Important: Schools cannot deny admission based upon immigration (illegal) status alone. Note that singling out foreign-looking students for visa requests is probably illegal discrimination. See, Plyler v. Doe, 102 S.Ct. 2382 (1982). See also f/n 11 in policy 7:50, School Admissions and Student Transfers To and From Non-District Schools and the Guidance Document subhead of this procedure above.