5116.1
AR
Administrative Regulation
Intradistrict Open Enrollment
District School of Choice Program
RCSD Website Link for School of Choice
Six of the district's innovative programs and its schools are considered non-boundary schools or Schools of Choice. This means that these schools do not use an address to determine priority. All students may apply for admission and they are then selected randomly by lottery.
Parents must first register their child before applying for a School of Choice transfer. Please fill out the Registration Form first. Parents will then have the option to fill out a School of Choice transfer request.
In addition, families may also transfer to other neighborhood schools. Priority is given to students who live within the school's neighborhood and, if there are spaces available after the neighborhood children are placed, students who have requested a transfer from another neighborhood are then placed via a random lottery.
Should there be more interest than spaces available, waitlists are created after the lottery placements and students are placed at their requested school when a spot becomes available. If a student moves into the area after the open enrollment period and their neighborhood school is full, they will be placed at a school that has openings. Students will be placed at the top of their neighborhood school's waitlist and will be placed before any other non-neighborhood students on the waitlist.
Transfers for Victims of a Violent Criminal Offense
Within a reasonable amount of time, not to exceed 14 days, after it has been determined that a student has been the victim of a violent criminal offense while on school grounds, the student's parents/guardians shall be offered an option to transfer their child to an eligible school identified by the Superintendent or designee. In making the determination that a student has been a victim of a violent criminal offense, the Superintendent or designee shall consider the specific circumstances of the incident and consult with local law enforcement as appropriate. Examples of violent criminal offenses include, but are not limited to, attempted murder, battery with serious bodily injury, assault with a deadly weapon, rape, sexual battery, robbery, extortion, or hate crimes.
The Superintendent or designee shall consider the needs and preferences of the affected student and their parent/guardian in making the offer. If the parent/guardian elects to transfer their child, the transfer shall be completed as soon as practicable.
Transfers from a "Persistently Dangerous" School
Upon receipt of notification from the California Department of Education (CDE) that a district school has been designated as "persistently dangerous," intradistrict transfers shall be granted as follows:
- Within 10 days of receipt of the notification from CDE, the Superintendent or designee shall provide parents/guardians of students attending the school with notice of the school's designation. Along with this notification, or at least 14 calendar days before the start of the school year, the Superintendent or designee shall provide a list of other district schools to which any student of the school that is designated as persistently dangerous may transfer.
- Parents/guardians who desire to transfer their child out of the school shall provide a written response to the Superintendent or designee and shall rank-order their preferences from among all schools identified by the Superintendent or designee as eligible to receive transfer students.
- The Superintendent or designee shall consider the needs and preferences of students and parents/guardians before making an assignment, but is not obligated to accept the parent/guardian's preference if the assignment is not feasible due to space constraints or other considerations. The Superintendent or designee shall notify the parents/guardians of the assigned school.
- For students whose parents/guardians accept the offer, the transfer shall be made as quickly as possible. If the parents/guardians decline the assigned school, the student may remain in the current school.
The transfer shall remain in effect as long as the student's school of origin is identified as "persistently dangerous." The Superintendent or designee may choose to make the transfer permanent based on the educational needs of the student, parent/guardian preferences, and other factors affecting the student's ability to succeed if returned to the school of origin.
The Superintendent or designee shall cooperate with neighboring districts to develop an interdistrict transfer program in the event that space is not available in a district school.
Other Intradistrict Open Enrollment
Except for transfers for victims of a violent crime and from a "persistently dangerous school," the following procedures shall apply to intradistrict open enrollment:
- The Superintendent or designee shall identify those schools which may have space available for additional students. A list of those schools and open enrollment applications shall be available at each school site, the district office, and on the district's web site.
- After the enrollment priorities have been applied in accordance with Board policy, if there are more requests for a particular school than there are spaces available, a random drawing shall be held from the applicant pool. A waiting list shall be established to indicate the order in which applicants may be accepted if openings occur during the year. Late applicants shall not be added to the waiting list for the current year but shall instead wait for a subsequent lottery.
- The Superintendent or designee shall provide written notification to applicants as to whether their applications have been approved, denied, or placed on a waiting list. If the application is denied, the reasons for denial shall be stated.
- Approved applicants must confirm their enrollment within 10 school days.
Any student who is granted a transfer out of a school that had been identified by CDE for comprehensive support and improvement shall be allowed to remain in the school of enrollment until completing the highest grade offered at that school. (20 USC 6311)
A student granted intradistrict enrollment under other circumstances shall not be required to reapply for readmission but may be subject to displacement due to excessive enrollment.
Any complaints regarding the open enrollment process shall be submitted in accordance with the applicable complaint procedure.
Notifications
Notifications shall be sent to parents/guardians at the beginning of each school year, with school of choice information describing all current statutory attendance options and local attendance available in the district. Such notification shall include: (Education Code 35160.5, 48980)
- All options for meeting residency requirements for school attendance.
- Program options offered within local attendance areas.
- A description of any special program options available on both an interdistrict and intradistrict basis.
- A description of the procedure for application for alternative attendance areas or programs and the appeals process available, if any, when a change of attendance is denied.
- A district application form for requesting a change of attendance.
- The explanation of attendance options under California law as provided by the CDE.
Legal & Management References
State
5 CCR 11992-11994 - Definition of persistently dangerous schools
Ed. Code 200 - Equal rights and opportunities in state educational institutions
Ed. Code 35160.5 - District policies; rules and regulations
Ed. Code 35291-35291.5 - Rules
Ed. Code 35351 - Assignment of students to particular schools
Ed. Code 46600-46611 - Interdistrict attendance agreements
Ed. Code 48200 - Compulsory attendance
Ed. Code 48204 - Residency requirements for school attendance
Ed. Code 48300-48316 - Student attendance alternatives; school district of choice program
Ed. Code 48980 - Parent/Guardian notifications
Federal
20 USC 6311 - State plan
20 USC 6313 - Eligibility of schools and school attendance areas; funding allocation
20 USC 7912 - Transfers from persistently dangerous schools
Management Resources
Attorney General Opinion - 85 Ops.Cal.Atty.Gen. 95 (2002)
California Department of Education Publication - Every Student Succeeds Act - Update #8, July 14, 2017
California Department of Education Publication - Public School Choice FAQs
Court Decision - Crawford v. Huntington Beach Union High School District (2002) 98 Cal.App.4th 1275
U.S. Department of Education Publication - Unsafe School Choice Option, May 2004
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - CSBA
Website - U.S. Department of Education
Cross References
0450 AR Comprehensive Safety Plan
1312.3 AR Uniform Complaint Procedures
3540 AR Transportation
5111 AR Admission
5111.1 AR District Residency
5116 BP School Attendance Boundaries
5116.2 BP Involuntary Student Transfers
5117 BP Interdistrict Attendance
5131.2 AR Bullying
5131.7 AR Weapons And Dangerous Instruments
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
6173.1 AR Education For Foster Youth
9000 AR Role Of The Board
9310 AR Board Policies