Enrollment

School Enrollment vs. School Assignment

It is important to first understand the difference between school “enrollment” and school “assignment.” 

Enrollment refers to a student’s right to enroll in and be educated by a specific school district within the state of North Carolina.  When a student is denied school enrollment, that student is not allowed to attend any school or access any form of education.  State law establishes who has the legal right to enroll in a particular school district and provides strong legal protections to students and parents.  

Assignment refers to a school district’s authority to decide which specific school an enrolled student will be allowed to attend.  School assignment rules are mostly governed by local school board policies.  When a student is denied school assignment, they lose the ability to attend a particular school of choice, but still have full protections related to accessing a sound basic education from their assigned school.  Local school districts have lots of authority to make decisions related to school assignment as long as they follow the procedures in their local policies and do not make discriminatory decisions.

State Law Requirements Related to School Enrollment

Before enrolling your student, make sure that they meet all of the eligibility requirements under the law. There are some rules specific to enrollment in charter schools, which you can read about here.

1. They are between the ages of 5 and 21.

2. They have not yet been awarded a high school diploma.

3.  Their living situation qualifies them for enrollment in that particular district because (one of the following):

• The student is living inside the district attendance zone with a parent or legal guardian who is domiciled in that district.   “Domicile” is an important legal term that refers to a person’s stable “home” – the place where they have shown they plan to live for a long period of time by, for example, signing a lease or mortgage or registering utilities or other bills.  Individuals can only have one legal domicile and minors always share the same “domicile” as their parent/legal guardian – even if they are living apart from one another.
• The student is living inside the district attendance zone in a group home, foster home, or licensed facility other than a psychiatric residential treatment facility.
• The student is living inside the district attendance zone with a non-parent caregiver because of specific crisis situations, including abandonment, death or incarceration of a parent, abuse or neglect, military deployment, or natural disaster.
• The student is homeless, including living in a transitional situation(e.g., living in shelters, in campgrounds or motels, or living with family/friends due to financial or other related hardship), and it would be in their best interest to enroll in that district because it is either (1) where they are temporarily living or (2) it is where they attended school before they became homeless.  NOTE: The law that provides this and many other protections for homeless students is the McKinney-Vento Homeless Assistance Act; see below for more information about protections for homeless students. 
• The student is in foster care and it would be in their best interest to begin or continue attending school in that district. 

4.  They have not been convicted of a felony in adult criminal court.

• School districts and charter schools may still enroll children with felony convictions, but are not required to do so unless the student has an IEP.  Students with IEPs cannot be denied access to education based on a felony conviction.
• Youth in juvenile court cannot be denied enrollment.  Youth who have been charged but not convicted of a felony in adult court cannot be denied enrollment. 

5. They are not currently serving a long-term suspension (LTS) or expulsion.

• School districts and charter schools may still enroll long-term suspended or expelled students, but are not required to do so unless the student has an IEP.  Students with IEPs cannot be denied access to education based on an LTS or expulsion.

1. Prepare to enroll your student.
   • Review the information above to confirm that your student is eligible for enrollment.
   • Determine your school district and navigate to the “Enrollment” portion of the district’s website. Put your address in the “school locator” tool to determine what school your students will be assigned to.
   • Review the instructions on your local district website to enroll your student and begin gathering required documentation.
   • Review
2. Troubleshoot hurdles to enrollment.  If you are having difficulties with enrollment, access the following resources:
   • Watch the Enrollment tutorial videos if your district has them on their website.
   • Physically go to the assigned school or district office and see if a staff member there can assist you. If you go to the district office, you can ask to talk with someone from the Assignment Office, or to the Director of Student Assignment.
   • Call the district office and ask to speak to the Director of Student Assignment or send the Director an email with your concerns or questions.
3. Get help.  If your student is being denied enrollment, request that the district provide you with written notice of the denial that includes the basis for the denial and your appeal rights. Then proceed to the questions below to learn more about how to challenge specific kinds of denials.

A school district can require documentation to prove parentage, age, domicile, and immunization. However, schools must provide various options for a parent to provide documentation of parentage, age, and domicile. Parents also must be given at least 30 days into the school year to provide required immunization documents.  Some ways to prove these categories could include, but aren’t limited to:

• Parentage– birth certificate, DNA test, court-ordered child support, tax paperwork showing the student was claimed as a dependent, DSS paperwork, or an Affidavit of Parentage
• Age– birth certificate, previous school records, an affidavit from the parent, medical records
• Residence– lease, current or recent bill that is tied to the address, a notarized statement from a landlord

A school district cannot:

• Require documentation in a way that discriminates against non-citizen studentsor students in particular crisis situations, like homelessness. For example, a district cannot:
  • Only accept a birth certificate as proof of age or request documentation of immigration status. These are not enrollment requirements under North Carolina and amount to discrimination. 
  • Refuse to immediately enroll a homeless student because of lack of documentation. McKinney-Vento protects the right of homeless students to immediately enroll while documentation is being gathered.   
• Make enrollment requirements or require documentation that are not included in state or federal law (see the previous section for an overview of enrollment requirements).
• Unreasonably delay enrollment after being provided all of the required documentation.
• Refuse to enroll a student who doesn’t have appropriate immunization documentation, without giving the family 30 days to obtain the necessary immunization documentation.

If your student is denied enrollment because you don’t have the specific form of documentation requested by the district:

1. Request documentation of the denial.  Request from the school and/or district Office of Student Assignment: (1) a written reason for the enrollment denial, and (2) information about your appeal rights.
2. Try to solve the problem.  Ask what other forms of forms of proof they will accept, and offer them any alternate forms of proof that you have.
3. Contact district level staff.  If you have only tried to enroll at your student’s school, try contacting the Director of Student Assignment at the school district’s office to describe your particular situation in order to find a solution.
4. Follow appeal timelines.  If your district has appeal deadlines to challenge enrollment denials, ensure you submit an appeal request before the deadline. 
5. Get help.  Contact Legal Aid of NC if you are unable to resolve the issue and your student is being denied enrollment.

The default rule is that students can only enroll in the school district where their parent or legal guardian’s stable/permanent home (or “domicile”) is located.  This means that a student typically cannot move in with another relative or friend and be qualified to enroll in the school district where that home is located.  Important exceptions exist, however, when the student is living away from their parent/legal guardian due to specific crisis reasons. 

1. Youth living with a non-parent caregiver due to specific crisis reasons can enroll in the school district where their caregiver’s home is located. (see N.C.G.S. 115c-366(a)(3))

Youth living with a non-parent caregiver due to qualified crisis situations can enroll in a caregiver’s district.  Under state law, the following crisis situations can qualify a student to be enrolled by a caregiver:

• The parent/legal guardian has died;
• The parent/legal guardian is incarcerated;
• The parent/legal guardian has abandoned the complete control of the student and is no longer providing substantial financial support or parental guidance;  
• The parent/legal guardian has abused or neglected the student;
• The parent/legal guardian’s physical or mental condition prevents them from being able to provide adequate care and supervision for the student;
• The parent/legal guardian has released physical custody and control of the student based on the recommendation of DSS or DMH; or
• The student’s home is no longer habitable due to a natural disaster.

In these situations, the adult with whom the child is living will have to complete a Caregiver Affidavit and the parent/legal guardian, if available, will have to complete a Parent Affidavit to establish that the student meets one of the statutory exceptions.  Each district has their own affidavit forms and they can be requested from staff in the Office of Student Assignment.   

2. Youth who are experiencing homelessness, including unstable housing, can enroll in the district where they were living before the instability OR where they currently reside. (see N.C.G.S. 115c-366(a)(2))

An important federal law called the McKinney-Vento Homeless Assistance Act provides strong legal rights to protect school stability for youth and families who are experiencing homelessness. Youth who are living apart from their parents/guardians (aka “unaccompanied youth”), and who are experiencing homelessness or unstable housing, are included in this group of protected students and have unique enrollment rights. 

If a student is homeless, including living in a transitional situation (e.g., living in shelters, in campgrounds or motels, or living with family/friends due to a loss of their home for any crisis reason), they have the right to enroll in either:

• the school district that is associated with their temporary living situation; OR
• the school/district where they were assigned before becoming homeless.

Which district or school they will ultimately be allowed to enroll in ultimately depends on what is determined to be in their “best interest.” 

Homeless youth are entitled to immediate enrollment in the school/district that is in their “best interest” and transportation to that school/district, even if it is not in the attendance zone for their current living situation. While homeless students will still be required to provide the same documentation as other students to establish enrollment eligibility, a school cannot refuse to enroll a homeless student because of a lack of documentation.  Instead, they must immediately enroll the students and then allow them time to work with their parent/guardian or caregiver to gather the necessary documentation. 

See the section below for more in-depth information about protections under McKinney Vento.

3. Youth who are in foster care can enroll in the school/district they were attending before the foster placement OR where they currently live. (see DPI Information on Every Student Succeeds Act)

Another federal law, the Every Student Succeeds Act (ESSA), provides unique enrollment rights to protect school stability for youth in foster care. If a student experiences a foster care placement (either an initial placement or a change in placement) that causes the child to move, they have the right to enroll in either:

• the school district that is associated with their foster care placement; OR
• the school/district where they were assigned before moving into their foster care placement.

Which district or school they will ultimately be allowed to enroll in ultimately depends on what is determined to be in their “best interest.” 

Foster care youth are entitled to immediate enrollment in the school/district that is in their “best interest” and transportation to that school/district, even if not in the attendance zone for their current foster care placement.

4. Youth in licensed facilities/group homes can enroll in the school district where the facility/home is located. (see N.C.G.S. 115c-366(a)(6))

Youth who are temporarily living apart from their parents/legal guardians in licensed facilities or group homes are entitled under state law to enroll in the school district where the facility or group home is located. 

The exception to this rule is for a special licensed facility called a Psychiatric Residential Treatment Facility (PRTF).  PRTFs are special licensed facilities that are required by law to have their own school within the facility.  Students living in PRTFs are entitled to enroll in the PRTF school, not in the local school district. 

If your student has been denied enrollment because they are living apart from their parent/legal guardian:

1. Request documentation of the denial.  Request from the school and/or district Office of Student Assignment: (1) a written reason for the enrollment denial, and (2) information about your appeal rights.
2. Contact district level staff.  If you have only tried to enroll at your student’s school, try contacting the district level staff to describe your particular situation and request help finding a solution. Contact the following people depending on your situation:
   • For youth living with a Caregiver, explain that your student is entitled under state law to enroll with a caregiver affidavit, and ask the Student Assignment Office to provide you with copies of their district caregiver affidavit forms.  (see N.C. Gen. Stat. § 115C-366(a3)).
   • For youth experiencing homelessness or unstable housing, connect your local McKinney-Vento liaison to notify them that your student is eligible for protections under McKinney Vento and request assistance getting them immediately enrolled.  (Review the McKinney Vento question below for more details).
   • For youth in Foster Care, contact your student’s DSS social worker to request that they urgently convene a Best Interest Determination (BID) meeting so that the student’s proper school/district of enrollment can be determined.
   • For youth in group homes of licensed facilities, explain that your student is entitled under state law to enroll in the school district where the home or facility is located, and ask the Student Assignment Office provides you with copies of any district forms that need to be completed by facility or group home staff.  (see N.C. Gen. Stat. § 115C-366(a6)).
3. Follow appeal timelines.  If your district has appeal deadlines to challenge enrollment denials, ensure you submit an appeal request before the deadline. 
4. Get help.  Contact Legal Aid of NC if you are unable to resolve the issue and your student is being denied enrollment.

The McKinney-Vento Homeless Assistance Act, or McKinney-Vento (MKV) for short, is the federal law that provides protections for students experiencing homelessness, including unstable housing. It ensures that students who are forced to leave their homes due to crisis circumstances and are living in temporary living situations do not experience disruptions to their education.

MKV covers a broad range of students in transitional situations, from those who are living in shelters to students who are living with friends/family because they’ve been kicked out or because their family can’t afford rent. Read the MKV definition of homelessness here.

Key protections under MKV include the following:

• Immediate enrollment.  Youth who assert eligibility under MKV must be allowed to immediately enroll in school, even if (1) the student does not have proof of residency, school and immunization records, birth certificates or other documents; (2) the student is not accompanied by an adult while trying to enroll (minor students can enroll themselves) and/or is not in the physical custody of a parent or guardian; or (3) the school disputes the student’s eligibility.  The school can take steps to verify eligibility, but must allow the student to remain enrolled while necessary documentation is being gathered and/or appeals are pending.
• Assignment to the district/school in their best interest.  Eligible youth under MKV have the right to enroll in either (1) the school district that is associated with their temporary living situation; OR (2) the school/district where they were assigned before becoming homeless. Which district or school they will ultimately be allowed to enroll in ultimately depends on what is determined to be in their “best interest.”  The student’s stated preference must be given heavy weight when determining what is in their “best interest.”
• Transportation.  Transportation must be provided for homeless youth, even if they are currently living outside of the school or district’s normal attendance zone. The district does not have to provide special transportation for extracurricular activities.
• Equal access.  Students who are homeless have a right to participate in school just like any other student. They cannot be placed into separate programs just because they are experiencing homelessness. They also must receive the same services to which they were entitled in their previous school (e.g. special education services, free and reduced lunch, etc.).  If needed, the student’s school also must arrange for the student to receive any supplies or uniforms that are required for equal access to participate in activities.
• Appeal rights.  Guardians/unaccompanied students can appeal MKV related decisions, including eligibility and school placement, to the local district MKV Coordinator and, as needed, to the MKV State Coordinator. Students have the right to remain enrolled through all levels of the appeal process.
• Confidentiality. A student’s status as homeless is part of their confidential record and is subject to protections under the Family Educational Rights and Privacy Act (FERPA).

The state entity that oversees the protection of students and families experiencing homelessness is the North Carolina Homeless Education Project (NCHEP). NCHEP operates the North Carolina Department of Public Instruction’s technical assistance center in the area of homeless education, and on their website you can find an updated list of all the MKV District Coordinators (scroll down to “Liaison Contacts”), in addition to state level contacts if you are having trouble accessing protections through the district.

1. Assert your MKV rights.  Contact your school principal and/or school-based homeless education coordinator (if known) to notify them that your student is eligible to receive McKinney-Vento protections and request immediate enrollment.
2. Contact district level staff.  If you are unsuccessful in securing immediate enrollment at the school-level, contact the district homeless education coordinator to assert eligibility for McKinney-Vento protections and request immediate enrollment.  Each school district is required to have a homeless education liaison whose job is to focus on proper implementation of McKinney-Vento in the district.NCHEP maintains an updated list of all the MV District Coordinators (scroll down to “Liaison Contacts”).
3. Request documentation of the denial.  If contacting the MKV Liaison doesn’t result in immediate enrollment and/or if the Liaison denies a request for transportation, assignment to the school of origin or school of residence, or other related term, request (1) a written reason for the denial, and (2) information about the appeal rights.
4. Follow appeal timelines.  If your district has appeal deadlines to challenge enrollment denials, ensure you submit an appeal request before the deadline. 
5. Get help.  Contact Legal Aid of NC if you are unable to resolve the issue and your student is being denied enrollment or any other key protections under McKinney Vento.

School districts can, but are not required to, deny enrollment to students who are currently serving a long-term suspension (including a 365-day suspension) or an expulsion. See N.C.G.S. 115c-366(a)(5)

At a minimum, school districts are required to provide alternative education services to long-term suspended students, unless the school provides an important reason for refusing to provide those services (for example, if providing the services would pose a threat to staff or other students).  A school’s refusal to provide alternative education during a suspension can be appealed to the district Board of Education. Students who have been expelled do not have the right to alternative education services. However, schools must consider whether there are alternative education services that they can offer.

Students who are serving a 365-day suspension or an expulsion can submit a Petition for Readmission every six months to request reconsideration of their consequence and reenrollment into the district. 

Federal special education law (the IDEA) protects students with disabilities who have been found eligible for an IEP from being denied enrollment and access to education based on a long-term suspension or expulsion.  If your student has an IEP and has been long-term suspended or expelled, they cannot be denied enrollment and must continue to receive educational services to participate in the general education curriculum and make progress towards their IEP goals. This means that they must continue to receive the instruction and services that are outlined in their IEP, even if those services are delivered in a different setting than the regular classroom. See NC 1504-2.1(b) and (d).

1. Request documentation of the denial.  Request from the school and/or district Office of Student Assignment: (1) a written reason for the enrollment denial, and (2) information about your appeal rights.
2. Assert any special education rights.  Because eligible students with disabilities can’t be denied enrollment or access to education based on a disciplinary event, ensure that your student with a disability receives the supports and protections to which they are entitled.
   • Students who have an active IEP.  Contact the school district EC director to notify them that your student is a student with a disability with an active IEP, and request assistance ensuring that they are enrolled and provided with access to a free appropriate public education (FAPE). For more information about students with disabilities’ right to a FAPE, check out the section of our website entitled:“Do you believe that your student’s IEP is not providing them with enough support?” 
   • Students with disabilities who don’t have, but may need, extra supports through an IEP.  If your student is struggling with disability-related symptoms in school, consider writing to the principal and asking for your student to be evaluated to determine whether they may be eligible for special education services.  For more information about navigating the process to determine if your student is eligible for an IEP, check out the section of our website entitled:“Do you believe your student may have disability-related needs that require special education services through an Individualized Education Program (IEP)?”
3. Identify if your student can request readmission.  If it has been six months since your student’s expulsion or 365-day suspension was imposed, submit a Petition for Readmission to request that the school district reconsider the disciplinary consequence. 
4. Follow appeal timelines.  If your district has appeal deadlines to challenge enrollment denials, ensure you submit an appeal request before the deadline.
5. Get help.  Contact Legal Aid of NC if you are unable to resolve the issue and your student is being denied enrollment.

If your student is under 18 and has not been found guilty by a judge in adult criminal court, they are protected by the law and have to be offered an education. This includes youth who are arrested and/or adjudicated in juvenile court; arrested and/or convicted of a misdemeanor in adult court; or arrested and awaiting a decision for an adult felony charge.

Even if your child is over the age 18 and/or has been transferred to adult court, they cannot be denied enrollment until they have officially been convicted (found guilty) of a felony. This means that during the phases of arrest and awaiting trials, students are protected by law to receive an education up until the court’s final decision.

If a youth is convicted of a felony in adult court, the school can still enroll them but access is not guaranteed by the law. The school can deny the student’s enrollment, but does not have to. Students and parents can appeal the enrollment denial.

If a youth is convicted of a felony in adult court and has an IEP, the school cannot deny enrollment.

1. Request documentation of the denial.  Request from the school and/or district Office of Student Assignment: (1) a written reason for the enrollment denial, and (2) information about your appeal rights.
2. Try to solve the problem.  If your student is being wrongfully denied enrollment based on juvenile court involvement or a criminal charge that has not yet let to a conviction, ensure that the school/district understands the difference between an “adjudication” in juvenile court and a “conviction” in adult court.  Inform them enrollment cannot be denied based on anything other than a criminal felony conviction in adult court.   
3. Assert any special education rights.  Because eligible students with disabilities cannot be denied enrollment or access to education based on a felony conviction, ensure your student with a disability receives the supports and protections to which they are entitled.
   • Students who have an active IEP.  Contact the school district EC director to notify them that your student is a student with a disability with an active IEP, and request assistance ensuring that they are enrolled and provided with access to a free appropriate public education (FAPE). For more information about students with disabilities’ right to a FAPE, check out the section of our website entitled:“Do you believe that your student’s IEP is not providing them with enough support?” 
   • Students with disabilities who don’t have but may need extra supports through an IEP.  If your student is struggling with disability-related symptoms in school, consider writing to the principal to ask for your student to be evaluated to determine whether they may be eligible for special education services.  For more information about navigating the process to determine if your student is eligible for an IEP, check out the section of our website entitled:“Do you believe your student may have disability-related needs that require special education services through an Individualized Education Program (IEP)?”
4. Contact district level staff.  If you have only tried to enroll at your student’s school, try contacting the Director of Student Assignment at the school district’s office to describe your particular situation to find a solution.
5. Follow appeal timelines.  If your district has appeal deadlines to challenge enrollment denials, ensure you submit an appeal request before the deadline.
6. Get help.  Contact Legal Aid of NC if you are unable to resolve the issue and your student is being denied enrollment.