BP BHEAD INT S

AN ACT Relating to clarifying transfers under the public school open enrollment program; and amending RCW 28A.225.220, 28A.225.225, and 28A.225.280.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28A.225.220 and 1993 c 336 s 1008 are each amended to read as follows:

(1) Any board of directors may make agreements with adults choosing to attend school: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein.

(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.

(3) A district shall release a student to a nonresident district that agrees to accept the student if:

(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or

(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or

(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.

(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.

(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.

(7) This section applies to requests for transfer either to participate in extracurricular activities or to receive other part or full-time services in a nonresident district from students who are receiving home-based instruction in compliance with RCW 28A.225.010 and chapter 28A.200 RCW and students who attend an approved private school under chapter 28A.195 RCW.

Sec. 2. RCW 28A.225.225 and 1994 c 293 s 1 are each amended to read as follows:

(1) All districts accepting applications from nonresident students for admission to the district's schools shall consider equally all applications received including applications from students receiving home-based instruction in compliance with RCW 28A.225.010 and chapter 28A.200 RCW and students who attend an approved private school under chapter 28A.195 RCW, regardless of whether the student will attend school full or part time or will participate in extracurricular activities. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of nonresident students if acceptance of these students would result in the district experiencing a financial hardship.

(2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

Sec. 3. RCW 28A.225.280 and 1990 1st ex.s. c 9 s 206 are each amended to read as follows:

Eligibility of transfer students under RCW 28A.225.220 and 28A.225.225 for participation in extracurricular activities shall be subject to rules adopted by the Washington interscholastic activities association as authorized by the state board of education. If a student who is receiving home-based instruction in compliance with RCW 28A.225.010 and chapter 28A.200 RCW or attending an approved private school under chapter 28A.195 RCW is accepted by a school district as a transfer student for the purposes of participation in extracurricular activities, that student shall be covered by the same rules as apply to other transfer students. The student receiving home-based instruction or attending an approved private school may not be deemed a transfer student of more than one school district.