The School Board of Polk County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the bylaws and policies of The School Board of Polk County were adopted on November 12, 2013 and were in effect beginning November 12, 2013.
 

5121 - CONTROLLED OPEN ENROLLMENT

The School Board shall permit a program of controlled open enrollment as set forth herein and in accordance with Florida law. "Controlled open enrollment" means a public education delivery system that allows school districts to make student school assignments using parents’ indicated preferential educational school choice as a significant factor. The Board's controlled open enrollment program is in addition to the educational choice options provided by Policy 2271 - Articulation and Access to Florida College System Institutions; Policy 2370 - Educational Options; Policy 2370.01 - Virtual Instruction; Policy 2370.02 - Magnet and Choice Programs/Schools; Policy 2421 - Career and Technical Education; and Policy 9800 - Charter Schools.

Components of the Board’s Controlled Open Enrollment Program

The Board’s controlled open enrollment program:

 

A.

adheres to Federal desegregation requirements;

     
 

B.

allows parents to declare school preferences, including placement of siblings within the same school;

     
 

C.

provides a lottery procedure to determine student assignment and establishes an appeals process for hardship cases;

     
 

D.

affords parents of students in multiple session schools preferred access to controlled open enrollment;

     
 

E.

maintains socioeconomic, demographic, and racial balance;

     
 

F.

addresses the availability of transportation;

     
 

G.

maintains existing academic eligibility criteria for public school choice programs pursuant to Florida law;

     
 

H.

identifies schools that have not reached capacity, as determined by the Superintendent; and

     
 

I.

ensures that preferential treatment is provided to individuals as set forth in Florida law.

Eligibility for Participation in the Controlled Open Enrollment Program

In addition to the public school choice programs available under Florida law and provided in the District pursuant to the policies listed above, a parent of a student under the age of eighteen (18) or an eligible student who lives in the District or in any other school district in the State of Florida who is not subject to a current expulsion or suspension may seek to enroll in a public school in the District that has not reached capacity, subject to the maximum class size pursuant to F.S. 1003.03 and Section 1, Art. IX of the Florida Constitution.

In determining the capacity of each District school, the Board shall incorporate the specifications, plans, elements, and commitments contained in the District’s educational facilities plan and the long-term work programs required under Florida law.

A District school shall be at "capacity" once the school has reached ninety percent (90%) capacity as set forth in the Florida Inventory of School Houses (FISH) based on permanent student stations for each of the grade levels and/or programs offered in that school to meet growth in five (5) years based on projections.

"Capacity" as defined herein is subject to program-specific enrollment limitations. Programs with such enrollment limitations may include, but are not limited to, self-contained Exceptional Student Education (ESE) programs, middle and high school career academies, magnet programs, international baccalaureate programs, advanced placement courses, and other academic programs that require student-teacher ratios less than the FISH capacity for that space. Further, certain programs with specific enrollment limitations may also require a separate application process and timeline. It is the responsibility of the applicant to determine program specific requirements and abide by the corresponding application processes and deadlines.

The capacity at each public school in the District shall be identified on the District’s website at www.polk-fl.net keywords: "Transfer" or "COE" by March 15th of each school year. Each school will be identified as open, closed, or ineligible for controlled open enrollment applicants.

Application and Preferential Treatment

Applications to participate in the Board’s controlled open enrollment program shall be accepted beginning on the first Monday in April and ending on the last Friday in Aprils for residents of Polk County. For residents of other counties, applications to participate shall be accepted beginning on the first Monday in May and ending on the last Friday in May. Applications are available online or in-person at each school and must be submitted no later than 5:00 p.m. on the last day of the application period to the Pupil Accounting Office either in person, by e-mail to COEApplications@polk-fl.net, or by U.S. mail to COE Applications, c/o Pupil Accounting, PO Box 391, Bartow, Florida 33831.

Applications received after the deadline will be processed in accordance with the late-filed applications procedures below.

Computer access is available at each District school for parents to complete the controlled open enrollment application (COE application). Applicants will be required to identify their primary and secondary schools of choice from open schools identified on the District website in their application.

A COE applicant’s failure to disclose information (e.g., being subject to suspension or expulsion, having a current IEP, being assigned to a Department of Juvenile Justice program, et cetera) that would be relevant to the Superintendent's determination that the applicant could be served in a program at his/her primary or secondary school of choice and therefore would be accepted shall constitute grounds for revocation of approval to enroll under this policy.

Revocation

The placement of a student to a school under this policy shall be revoked:

 

A.

immediately:

     
 

1.

if the student receives expulsion or out of school suspension for ten (10) days or more, or

     
 

2.

if it has been established that incorrect or false information was provided on the student's application. A student whose placement is revoked due to providing incorrect or false information is ineligible for any other school placement or transfer assignment for the following school year.

     
 

B.

at the semester break if the student’s attendance or tardiness is excessive and insufficient to meet educational requirements as determined in Policy 5200 – Attendance, upon recommendation of the school principal and approval of the Superintendent.

After the close of the application period, the Superintendent shall conduct a lottery as described below and then process the applications according to the random numbers assigned.

In accordance with Florida law, the applications shall be grouped accordingly:

 

A.

Phase 1

     
   

Applicants in this phase shall reside in the District and also qualify for preferential treatment in at least one of the following ways:

     
 

1.

Dependent children of active duty military personnel whose move resulted from military orders.

     
 

2.

Children who have been relocated due to a foster care placement in a different school zone.

     
 

3.

Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent.

     
 

4.

Students in multiple session schools.

     
 

B.

Phase 2

     
   

Applicants included in this phase reside in the District but are entitled to no other preferential treatment.

     
 

C.

Phase 3

     
   

Applicants included in this phase do not reside in the District but are entitled to preferential treatment in at least one of the following ways:

     
 

1.

dependent children of active duty military personnel whose move resulted from military orders;

     
 

2.

children who have been relocated due to a foster care placement in a different school zone;

     
 

3.

children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent;

     
 

4.

students in multiple session schools.

     
 

D.

Phase 4

     
   

Applicants included in this phase are not entitled to preferential treatment under State law.

Lottery

The lottery will conducted by two (2) or more staff members designated by the Superintendent.

The lottery involves the assignment of a random number to each applicant (siblings shall be paired unless requested otherwise). Separate lotteries will be conducted for applicants in Phases 1 through 4. Random numbers will be selected, and the applications in each phase shall be placed in order of their selection.

Review of Applications

Once the COE application period ends and the lottery has been conducted, the Superintendent will review all fully completed applications received by the application deadline. Consideration of applications will be based on the current capacity of each open school in the District. (See definition of "capacity" above). Only COE applications for those schools identified as open, as outlined above, will be considered by the Superintendent.

 

A.

Phase 1: Applicants Residing in the District Entitled to Additional Preferential Treatment

     
   

The Superintendent will review the Phase 1 applications in the order assigned by means of the lottery and will attempt to honor the primary or secondary choice of each applicant.

     
   

If the student’s primary or secondary choice of schools does not have capacity, the student will remain at the current school in which s/he is enrolled.

     
   

This process will continue until all available classroom seats have been filled.

     
   

The approved COE applicants will be notified in writing and shall have until July 1st of the current year to enroll at their chosen school. If the last day for enrollment falls on a day that the school office is not open for business, the deadline shall be extended to the next day that the school office is open for business.

     
   

Failure to enroll by the deadline identified in the written notification shall result in an automatic revocation of the Superintendent's approval of the application. Once the deadline passes for students to enroll at their chosen school, if any capacity remains, the Superintendent will begin contacting students in order of lottery selection regarding enrollment opportunities. COE Applicants who have their approval revoked must submit a new COE application.

     
   

If capacity is reached before all COE applications can be reviewed and enrollment requests fulfilled, the remaining Phase 1 applications will be maintained on a waiting list in order of lottery number assigned until the 8th day of school in each new year.

     
 

B.

Phase 2: Applicants Residing in the District Not Entitled to Additional Preferential Treatment

     
   

If capacity is available after Phase 1, the Superintendent will process applications from applicants residing in the District not entitled to additional preferential treatment.

     
   

The Superintendent will review the Phase 2 applications in the order assigned by means of the lottery.

     
   

If the student’s primary or secondary choice of schools does not have capacity, the student will remain at the current school in which s/he is enrolled.

     
   

This process will continue until all available classroom seats have been filled.

     
   

The approved applicants will be notified in writing and shall have until July 1st of the current year to enroll at the school where s/he has been offered the opportunity to enroll. If the last day for enrollment falls on a day that the school office is not open for business, the deadline shall be extended to the next day that the school office is open for business.

     
   

Failure to enroll by the deadline identified in the written notification shall result in an automatic revocation of the Superintendent's approval of the COE application. Once the deadline passes for students to enroll at their chosen school, if any capacity remains, the Superintendent will begin contacting students in order of lottery selection regarding enrollment opportunities. Applicants who have their approval revoked must submit a new application.

     
   

If capacity is reached before all applications can be reviewed and enrollment requests fulfilled, the remaining Phase 2 applications will be maintained on a waiting list in order of lottery number assigned until the 8th day of school in each new year.

     
 

C.

Phase 3: Applicants Residing Outside the District Entitled to Preferential Treatment

     
   

If capacity is available after Phases 1 and 2, the Superintendent will process applications from applicants residing outside the District who are afforded preferential treatment as set forth above.

     
   

The Superintendent will review the Phase 3 applications in the order assigned by means of the lottery and will attempt to honor the primary or secondary school choice of each applicant.

     
   

If the student’s primary or secondary choice of school does not have capacity, the student 's application will be denied.

     
   

This process will continue until all available classroom seats have been filled.

     
   

The approved applicants will be notified in writing and shall have until July 1st of the current year to enroll at their chosen school. If the last day for enrollment falls on a day that the school office is not open for business, the deadline shall be extended to the next day that the school office is open for business.

     
   

Failure to enroll by the deadline identified in the written notification shall result in an automatic revocation of the Superintendent's approval of the application. Once the deadline passes for students to enroll at their chosen school, if any capacity remains, the Superintendent will begin contacting students in order of lottery selection regarding enrollment opportunities. COE applicants who have their approval revoked must submit a new application.

     
   

If capacity is reached before all applications can be reviewed and enrollment requests fulfilled, the remaining Phase 3 applications will be maintained on a waiting list in order of lottery number assigned until the 8th day of school in each new school year.

     
 

D.

Phase 4: All Remaining Applicants Not Entitled to Preferential Treatment

     
   

If capacity is available after Phases 1 through 3, the Superintendent will process applications from applicants residing outside the District not entitled to preferential treatment.

     
   

The Superintendent will review the Phase 4 applications in the order assigned by means of the lottery.

     
   

If the student’s primary or secondary choice of schools does not have capacity, the student's application will be denied.

     
   

This process will continue until all available classroom seats have been filled.

     
   

The approved applicants will be notified in writing and shall have until July 1st of the current year to enroll at their chosen school. If the last day for enrollment falls on a day that the school office is not open for business, the deadline shall be extended to the next day that the school office is open for business.

     
   

Failure to enroll by the deadline identified in the written notification shall result in an automatic revocation of the Superintendent's approval of the application. Once the deadline passes for students to enroll at their chosen school, if any capacity remains, the Superintendent will begin contacting students in order of lottery selection regarding enrollment opportunities. Applicants who have their approval revoked must submit a new application.

     
   

If capacity is reached before all applications can be reviewed and enrollment requests fulfilled, the remaining Phase 4 applications will be maintained on a waiting list in order of lottery number assigned until the 8th day of school in each new school year.

Appeals

COE applicants who are not accepted for enrollment may appeal to the Superintendent within fourteen (14) calendar days of receipt of the Superintendent's notice advising them that their application was denied. If the last day for appeal falls on a day that the school office is not open for business, the deadline shall be extended to the next day that the school office is open for business.

The appeal must be submitted in writing, must be based on hardship, and must include as much detail as possible regarding the hardship. Appeals will be considered by the Superintendent and the decision of the Superintendent is final.

Applicants will be notified in writing of the Superintendent’s decision.

"Hardship" includes, but is not limited to, the following:

 

A.

medical and/or psychological matters

     
 

B.

employment needs

     
 

C.

any other circumstances demonstrating a hardship

Late-Filed COE Applications

COE applications received after the application deadline will be reviewed and considered after processing all applications in Phases 1 through 4, as well as the deadline for appeals. Late-filing applications will be approved only if a hardship exists and there is capacity in the school(s) that the student has listed as his/her preference(s) on the application. Late-filing applicants who are not accepted for enrollment shall follow the appeals process outlined above.

Students Residing in the District

Students residing in the District will not be displaced by a student from another school district seeking enrollment under the Board’s controlled open enrollment program.

Completion of Highest Grade Level

A student who enrolls in the District through the Board’s controlled open enrollment program may remain at his/her current school until completion of the highest grade at the school.

After completing the highest grade at the school, the student will need to reapply for enrollment through the controlled open enrollment program.

Maintaining Appropriate Socioeconomic, Demographic, and Racial Balance

Given our diverse society and the importance of preparing students for education, work, and citizenship, the Board is committed to providing students with equal educational opportunities, promoting educational diversity in the District, and providing students with the educational benefits of a diverse student body. To that end, should a concern arise regarding socioeconomic, demographic, or racial balance in one or more of the District’s schools, the Superintendent shall consult with legal counsel to determine the appropriate steps that should be taken, including, but not limited to, any necessary policy revisions and other actions necessary to comply with Florida and Federal law. The Superintendent shall then make the appropriate recommendations to the Board. It should be noted that as of March 28, 2017 there are no racially isolated buildings within the School District.

Transportation

The Board does not provide transportation to students enrolling under this policy unless otherwise required by State or Federal laws. However, subject to seating availability and after taking into account the transportation needs of students currently attending District schools, the Board may provide transportation to students who are residents of Polk County under this policy on an established bus route to and from the school to which they have been granted admission unless otherwise required by State or Federal laws.

Interscholastic and Intra-scholastic Extracurricular Activities

A student who enrolls in the District through the Board’s controlled open enrollment program is immediately eligible to participate in interscholastic and intra-scholastic extra-curricular activities; however, a student may not participate in a sport if the student participated in that same sport at another school during that school year, unless the student meets one (1) of the following criteria:

 

A.

Dependent children of active duty military personnel whose move resulted from military orders.

     
 

B.

Children who have been relocated due to a foster care placement in a different school zone.

     
 

C.

Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent.

     
 

D.

Authorized for good cause.

"Good cause" is defined in Policy 2431.01.

A student who believes "good cause" exists must submit a written request to the Superintendent identifying the facts and circumstances the student believes establishes "good cause". The Superintendent will consider the written request and make a recommendation to the Board during a publicly noticed meeting.

Student athletes who transfer to another school must comply with the FHSAA Rules of Athletic Eligibility

Voluntary Return to the Zoned School

Upon request by the parent or guardian, a student who resides in Polk County may be permitted to return to his/her zoned school after confirmation by the Principal that capacity exists. In order to protect the student’s academic best interest, it is recommended that students do so at the end of the marking period or semester, unless extenuating circumstances are present.

Section 1, Art. IX, Florida Constitution
F.S. 1002.20
F.S. 1002.31
F.S. 1003.03
F.S. 1013.35

Adopted 4/25/17
Revised 9/4/18

© Neola 2017