Student Considerations
Athletic Eligibility
A school district may not impose athletic ability requirements for open enrollment. If a student athlete wishes to change schools through interdistrict open enrollment, the student should consult with the school administration and follow the guidelines for athletic eligibility as established by the Ohio High School Athletic Association. Area Coordinators will not make or participate in athletic eligibility rulings for student athletes.
Special Education
A school district may not discriminate against any student because of a disability condition. However, a district may decline to interdistrict enroll a student receiving services under Chapter 3323. of the Revised Code, if the services described in the student's IEP are not available in the district's schools, or for intra-district enrollment, require a student with a disabling condition to attend school in the building where services described in the student’s IEP are provided. A local board may also designate the buildings in which the various special education services are to be provided.
A school district is obligated to provide the special education services needed by all native (home) students. If a district accepts an open enrollment student and later learns that the student has a disability that requires special education services, that school district can provide those services if available; however, if the services are not available, the native (home) school district has the responsibility to make sure the student is served. The educating school district may bill the native (home) school district for “excess costs” for the services provided to open enrollment special education students according to ORC 3323.14
For interdistrict open enrollment students, the native (home) school district remains responsible for insuring that all the “due process procedures” are provided to their students. Educating school districts are only acting as agents of the native (home) school district, and decisions about the student’s educational program remain with the native (home) school district. Because of this retention of responsibility by the native (home) school district, it is suggested that parent(s)/guardian(s) be told in advance of the relationship that will exist when a student chooses to attend another district through open enrollment.
Delivery of services, including capacity for special education classes is discussed in OAC 3301-51-09. Waiver of class size will not be granted by the DEW to accommodate additional open enrollment students. School districts must account for this position when making determinations about appropriate program class size in special education.
Transportation
ORC 3313.97(D) provides that a board of education is not required to transport an intra-district open enrollment student to the new school building unless (1) the student can be picked up and dropped off at a regular bus stop designated in accordance with the board’s transportation policy or (2) the board is required to provide additional transportation for the student in accordance with a court-approved desegregation plan.
ORC 3313.981(E) obligates a district to transport interdistrict enrolled non-resident students if certain conditions exist: (1) the parent requests it; (2) the student is K-8, or if older, the district transports older students; (3) the pick up/drop off is at the bus stop location designated per the district transportation policy.
Parents/guardians responsible for transporting interdistrict enrolled students to designated pick-up points, may be reimbursed an amount equal to the reasonable cost of transportation for providing the transportation from the home to the designated pick-up point, if their family income is below the federal poverty line.
A district’s obligation to transport a disabled student as specified in the student’s IEP is not affected just because the student is enrolled through open enrollment.
Joint Vocational School District Students
It is possible for a student to change joint vocational school districts (JVSD) through inter district open enrollment, and for this reason JVSDs are allowed to establish the limitations that are permissible for other public schools. It is possible for JVSD to accept students from adjacent joint vocational school districts or from all other joint vocational school districts.
Last Modified: 8/20/2024 11:06:24 AM