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Big E's avatar

Very commendable work, Sen. Nichols. Thank you.

We discovered a related concern in several policies being updated at Garden Valley School District #71 (https://www.gvsd.net/).

See sample language in item 3 below regarding students who have a 504 plan or IEP (marked with 📌). Some of these students can pose a danger to other students, teachers, and staff, yet carveouts allow them to remain in school even if they have disciplinary problems. Perhaps you can look into this issue while addressing other concerns about student safety.

Policy packet is here (PDF): https://files-backend.assets.thrillshare.com/documents/asset/uploaded_file/396/District/0c89abee-7a23-418b-9aa8-524011ecc01b/Policies-for-discussion--Nov-19%281%29.pdf?disposition=inline

Policies include references to Idaho code. Unfortunately, the PDF is not searchable, but the yellow highlighting should save you time. Also, you could put it through AI or a PDF converter program such as https://www.freeconvert.com/ to make the search easier.

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The District will prioritize applications from students who live within the District and may

deny students for one or more of the following reasons:

1. The student was expelled, or disenrolled in lieu of discipline, by the previous District;

2. The student has a conviction or adjudication of offenses outlined in IC 20-525A(5) or other

criminal offenses listed in chapter 9, 61, or 66 in Title 18, Idaho Code. Such convictions or

adjudications are required to be disclosed by the student's parent or legal guardian at the

time of applying for open enrollment, and failure to disclose will result in a denial of open

enrollment to the student.

📌3. The student has a documented history of significant disciplinary issues or history of chronic

absenteeism. However, students applying who have a 504 plan or IEP may not be denied

enrollment or have enrollment revoked if the behavior resulting in disciplinary action or

chronic absenteeism is a manifestation of the student's disability.

4. The receiving school within the District does not have space available according to the

capacity limits set by the Board of Trustees.

The process outlined in this policy is required for admission to any school within the District

and shall be initiated again when a change in grade warrants a change in school - such as when

the pupil wishes to continue open enrollment into middle school or high school.

Due process for all students remains the same regardless of which school they attend within the

District and regardless of where the student resides once accepted under the open enrollment

policy.

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