(a) Participation in a public charter school shall be based on parental choice or the choice of the legal guardian or custodian.
(b) A charter school authorized by the commission is open to students residing within the geographic boundaries of the LEA in which the charter school is located.
(c) (1) If a public charter school’s authorizer has a policy allowing out-of-district enrollment, then the public charter school may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located if capacity is available after all eligible in-district students have been enrolled. A public charter school’s total enrollment of out-of-district students shall not exceed twenty-five percent (25%) of the public charter school’s total enrollment.(2) State school funds must follow a student into the LEA in which the public charter school is located and to which the student transfers.(3) Tuition may be charged by the LEA in which the public charter school is located and to which a student transfers, as provided in § 49-6-3003.(4) If a public charter school’s authorizer has a policy that prohibits out-of-district enrollment, then the public charter school may request to adopt an out-of-district enrollment policy through the waiver process outlined in § 49-13-111; provided, however, that the waiver request may only be submitted to the public charter school’s authorizer for approval.(5) A student who resides in a county in which more than one (1) LEA operates shall not be considered an out-of-district student for purposes of enrollment in a public charter school authorized to operate in the county LEA if the student transfers to the public charter school from another LEA located in the same county.
(1) If a public charter school’s authorizer has a policy allowing out-of-district enrollment, then the public charter school may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located if capacity is available after all eligible in-district students have been enrolled. A public charter school’s total enrollment of out-of-district students shall not exceed twenty-five percent (25%) of the public charter school’s total enrollment.
(2) State school funds must follow a student into the LEA in which the public charter school is located and to which the student transfers.
(3) Tuition may be charged by the LEA in which the public charter school is located and to which a student transfers, as provided in § 49-6-3003.
(4) If a public charter school’s authorizer has a policy that prohibits out-of-district enrollment, then the public charter school may request to adopt an out-of-district enrollment policy through the waiver process outlined in § 49-13-111; provided, however, that the waiver request may only be submitted to the public charter school’s authorizer for approval.
(5) A student who resides in a county in which more than one (1) LEA operates shall not be considered an out-of-district student for purposes of enrollment in a public charter school authorized to operate in the county LEA if the student transfers to the public charter school from another LEA located in the same county.
(d) (1) A public charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.(2) An enrollment preference shall be provided to students that attended the charter school during the previous school year.(3) If the number of applications exceeds the capacity of a program, class, grade level, or building, the charter school shall select students through a lottery. The enrollment preference for returning students provided in subdivision (d)(2) shall exclude those students from entering into a lottery.(4) If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the order established in a lottery policy that is approved by the public charter school's governing body. The lottery policy approved pursuant to this subdivision (d)(4) must determine the order of the following enrollment preferences:(A) Students enrolled in a pre-kindergarten program operated by the charter school sponsor;(B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school;(C) Students enrolled in another charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer;(D) Siblings of students already enrolled in the public charter school;(E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and(F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located; provided, the enrollment preference in this subdivision (d)(4)(F) is the last enrollment preference.(5) A public charter school may give an enrollment preference to students who are economically disadvantaged, as defined in § 49-3-104. A public charter school may request information to verify that a student is economically disadvantaged on the application submitted pursuant to subdivision (d)(1) for purposes of an enrollment lottery, but shall not require it. Only students who legally qualify may be given an enrollment preference pursuant to this subdivision (d)(5).(6) A public charter school may give an enrollment preference to children of the public charter school's employees or to the children of a member of the public charter school's governing body, not to exceed ten percent (10%) of the public charter school's total enrollment or twenty-five (25) students, whichever is less.(7) (A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.(B) The charter school shall comply with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), with respect to the publication of any students' names before, during, or after the enrollment and lottery process.(8) The state board of education is authorized to promulgate rules concerning lottery enrollment. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) A public charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.
(2) An enrollment preference shall be provided to students that attended the charter school during the previous school year.
(3) If the number of applications exceeds the capacity of a program, class, grade level, or building, the charter school shall select students through a lottery. The enrollment preference for returning students provided in subdivision (d)(2) shall exclude those students from entering into a lottery.
(4) If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the order established in a lottery policy that is approved by the public charter school's governing body. The lottery policy approved pursuant to this subdivision (d)(4) must determine the order of the following enrollment preferences:(A) Students enrolled in a pre-kindergarten program operated by the charter school sponsor;(B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school;(C) Students enrolled in another charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer;(D) Siblings of students already enrolled in the public charter school;(E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and(F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located; provided, the enrollment preference in this subdivision (d)(4)(F) is the last enrollment preference.
(A) Students enrolled in a pre-kindergarten program operated by the charter school sponsor;
(B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school;
(C) Students enrolled in another charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer;
(D) Siblings of students already enrolled in the public charter school;
(E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and
(F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located; provided, the enrollment preference in this subdivision (d)(4)(F) is the last enrollment preference.
(5) A public charter school may give an enrollment preference to students who are economically disadvantaged, as defined in § 49-3-104. A public charter school may request information to verify that a student is economically disadvantaged on the application submitted pursuant to subdivision (d)(1) for purposes of an enrollment lottery, but shall not require it. Only students who legally qualify may be given an enrollment preference pursuant to this subdivision (d)(5).
(6) A public charter school may give an enrollment preference to children of the public charter school's employees or to the children of a member of the public charter school's governing body, not to exceed ten percent (10%) of the public charter school's total enrollment or twenty-five (25) students, whichever is less.
(7) (A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.(B) The charter school shall comply with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), with respect to the publication of any students' names before, during, or after the enrollment and lottery process.
(A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.
(B) The charter school shall comply with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), with respect to the publication of any students' names before, during, or after the enrollment and lottery process.
(8) The state board of education is authorized to promulgate rules concerning lottery enrollment. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) [Deleted by 2025 amendment.]
(f) (1) (A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.(B) Notwithstanding § 49-13-106(f)(3), § 49-13-106(k), subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit:(i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or(ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.(2) Students who attended the opportunity public charter school during the previous year may re-enroll in the opportunity public charter school for the upcoming year and are not subject to an enrollment lottery.(3) If the number of applications exceeds the capacity of a program, class, grade level, or building, then the opportunity public charter school must select students through an enrollment lottery. Returning students who re-enroll in the opportunity public charter school pursuant to subdivision (f)(2) are excluded from entering into an enrollment lottery. Students who are at-risk students, as defined in § 49-13-104, must be given an enrollment preference.
(1) (A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.(B) Notwithstanding § 49-13-106(f)(3), § 49-13-106(k), subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit:(i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or(ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.
(A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.
(B) Notwithstanding § 49-13-106(f)(3), § 49-13-106(k), subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit:(i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or(ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.
(i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or
(ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.
(2) Students who attended the opportunity public charter school during the previous year may re-enroll in the opportunity public charter school for the upcoming year and are not subject to an enrollment lottery.
(3) If the number of applications exceeds the capacity of a program, class, grade level, or building, then the opportunity public charter school must select students through an enrollment lottery. Returning students who re-enroll in the opportunity public charter school pursuant to subdivision (f)(2) are excluded from entering into an enrollment lottery. Students who are at-risk students, as defined in § 49-13-104, must be given an enrollment preference.
(g) An adult public charter school must enroll a student who is eighteen (18) years of age or older, who does not possess a high school diploma, and who submits a timely application, as determined by the adult public charter school. If the number of applications exceeds the capacity of a program, class, or building, then the adult public charter school shall select students through an enrollment lottery. Students who attended the adult public charter school during the previous term or semester may re-enroll in the adult public charter school and are not subject to an enrollment lottery. If an enrollment lottery is conducted, then the adult public charter school shall give enrollment preferences in the following order:(1) Students who reside within the geographic boundaries of the LEA in which the adult public charter school is located who were enrolled in another adult high school or adult public charter school during the previous term or semester. If the adult public charter school is authorized in a county LEA, then this preference includes students who reside in the county who were enrolled in the previous term or semester in another adult high school or adult public charter school located in the same county; and(2) Students who reside outside the geographic boundaries of the LEA in which the adult public charter school is located.
(1) Students who reside within the geographic boundaries of the LEA in which the adult public charter school is located who were enrolled in another adult high school or adult public charter school during the previous term or semester. If the adult public charter school is authorized in a county LEA, then this preference includes students who reside in the county who were enrolled in the previous term or semester in another adult high school or adult public charter school located in the same county; and
(2) Students who reside outside the geographic boundaries of the LEA in which the adult public charter school is located.