If a foreign student or foreign exchange student desires to attend a district other than the district in which the host family resides. may the student use open enrollment?
The following answer deals exclusively with non-immigrant students; that is. students who are not residents of the United States and who are in this country temporarily. [If a student who is not a citizen of the United States nevertheless lives in Iowa with his or her parents. the school district of residence is required to provide a tuition-free education to that student. This is true even if the parents of the student are in this country illegally. See Plyler v. Doe. 457 U.S. 202. 102 S.Ct. 2382. 72 L.Ed.2d 786 (1982).] Foreign exchange students are non-residents; therefore. it is not appropriate to use open enrollment. No district may receive state monies for the student. so there is no need to insist upon open enrollment. The student may attend any district that will agree to enroll him or her. In the case of an F-1 visa holder. the student must pay tuition to any district of attendance.