33-1404. DISTRICTS TO RECEIVE PUPILS. Every school district shall receive and admit pupils transferred thereto, where payment of their tuition is to be paid by the home district, or waived by the receiving district, except when any such transfer would work a hardship on the receiving district. Each receiving school district shall be governed by written policy guidelines, adopted by the board of trustees, which define hardship impact upon the district or upon an individual school within the district. The policy shall provide specific standards for acceptance and rejection of applications for accepting out of district pupils. Standards may include the capacity of a program, class, grade level or school building. Standards may not include previous academic achievement, athletic or other extracurricular ability, disabling conditions, or proficiency in the English language.
Nonresident pupils who are placed by court order under provisions of the Idaho juvenile corrections or child protective acts and reside in licensed homes, agencies and institutions shall be received and admitted by the school district in which the facility is located without payment of tuition.
Homeless children and youth as defined by the McKinney-Vento homeless assistance act 42 U.S.C. section 11301 et seq., may attend any school district or school within a district without payment of tuition when it is determined to be in the best interest of that child.
History:
[33-1404, added 1963, ch. 13, sec. 75, p. 27; am. 1978, ch. 174, sec. 2, p. 399; am. 1983, ch. 85, sec. 2, p. 176; am. 1990, ch. 43, sec. 3, p. 69; am. 1990, ch. 272, sec. 1, p. 766; am. 2001, ch. 93, sec. 3, p. 235; am. 2004, ch. 23, sec. 6, p. 28; am. 2010, ch. 235, sec. 15, p. 555.]
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