(a) An Academy Charter School shall enroll all students who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building. An Academy Charter School shall give enrollment preference to students returning to the Academy Charter School in the second or any subsequent year of its operation and to siblings of students already enrolled in the Academy Charter School. If capacity is insufficient to enroll all students who submit a timely application, the Academy Charter School shall select students through an

17 Guam Code Ann. EDUCATION
CH. 12 GUAM ACADEMY CHARTER SCHOOLS ACT OF 2009

equitable selection process such as a lottery. A public school converted to an Academy Charter school shall give enrollment preference to students attending the public school prior to conversion and students who reside within the former attendance zone of that converted public school.

(b) Except as provided in subsection (c), an Academy Charter School shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language or athletic ability.

(c) An Academy Charter School may limit admission to students within a given age group or grade level.

(d) An Academy Charter School may refuse to admit any student who has been expelled from another educational institution or who is in the process of being expelled from another educational institution.

(e) For schools preparing students for specific professions, admissions may be limited to students who meet Bona Fide Occupational Qualifications (BFOQ) selection criteria for the profession. the profession exists in an equivalent government position, the admissions criteria may be based on the government of Gum’s employment selection criteria.