5116.1
BP
Board Policy
Intradistrict Open Enrollment
The Governing Board desires to provide enrollment options that meet the diverse needs and interests of district students and parents/guardians, while also maximizing the efficient use of district facilities. The Superintendent or designee shall establish procedures for the selection and transfer of students among district schools in accordance with law, Board policy and administrative regulation.
The parents/guardians of any student who resides within district boundaries may apply to enroll their child in their assigned neighborhood school based on their address. Families may also participate in the School of Choice process to apply for an intradistrict transfer to any other District program or school.
The district has a long standing School of Choice and transfer process outlined below.
The District has three pathways to accommodate student interests and choice.
- Students may enroll and remain at their neighborhood school
- Students may enroll in their neighborhood school and apply to transfer to another neighborhood school.
- School of Choice: Students may enroll in their neighborhood school and request a transfer to a different non boundary program or school.
Once accepted to a particular non-boundary School of Choice, a student will be expected to attend for the length of that non-boundary School of Choice program.
If a student chooses to leave that non-boundary School of Choice program early, they may enroll and go back to their Neighborhood School.
Students who have attended a non-boundary program or school may not subsequently enroll in another non-boundary school, unless approved by the Superintendent.
This provision does not apply to transfers to the non boundary middle school.
The Board shall annually review this policy. (Education Code 35160.5, 48980)
Enrollment Priorities
No student currently residing within a school's attendance area shall be displaced by another student transferring from outside the attendance area. (Education Code 35160.5)
The Superintendent or designee shall grant priority for the enrollment of a student in a district school outside of the student's attendance area, if the student:
- Is enrolled in a district school designated by the California Department of Education (CDE) as "persistently dangerous" (20 USC 7912; 5 CCR 11992)
- Is a victim of a violent crime while on school grounds (20 USC 7912)
- Is a victim of an act of bullying committed by another district student, as determined through an investigation following the parent/guardian's submission a written complaint with the school, district, or local law enforcement agency pursuant to Education Code 234.1 (Education Code 46600)
If the district school requested by the student is at maximum capacity, the Superintendent or designee shall accept an intradistrict transfer request for another district school. (Education Code 46600)
- Is currently enrolled in a district school identified by CDE for comprehensive support and improvement, with priority given to the lowest academically achieving students from low-income families as determined pursuant to 20 USC6313(a)(3)(20 USC 6311)
- Is experiencing special circumstances that might be harmful or dangerous to the student in the current attendance area, including, but not limited to, threats of bodily harm or threats to the emotional stability of the student. Any such student may transfer to a district school that is at capacity and otherwise closed to transfers. To grant priority under these circumstances, the Superintendent or designee must have received either: (Education Code 35160.5)
- A written statement from a representative of an appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or a properly licensed or registered professional, including, but not necessarily limited to, a psychiatrist, psychologist, marriage and family therapist, clinical social worker, or professional clinical counselor
- A court order, including a temporary restraining order and injunction
- Is a sibling of another student already attending that school
- Has a parent/guardian whose primary place of employment is that school
Application and Selection Process
In order to ensure that priorities for enrollment in district schools are implemented in accordance with law, applications for intradistrict open enrollment shall be submitted within the enrollment window of the school year preceding the school year for which the transfer is requested.
The Superintendent or designee shall calculate each school's capacity in a nonarbitrary manner using student enrollment and available space. (Education Code 35160.5)
Except for the enrollment priorities listed above, the Superintendent or designee shall use a computerized, random, unbiased selection process during the first window, which takes place during the fall of the previous school year, to determine who shall be admitted whenever a district school receives admission requests that are in excess of the school's capacity. (Education Code 35160.5). During the second window in the spring of the previous school year, students shall be placed on a first come, first served basis depending on availability of open seats.
Enrollment decisions shall not be based on a student's academic or athletic performance. However, existing entrance criteria may be used for enrolling students in specialized schools or programs provided that the criteria are uniformly applied to all applicants. Academic performance may be used to determine eligibility for, or placement in, programs for gifted and talented students. (Education Code 35160.5)
Transportation
In general, the district shall not be obligated to provide transportation for students who attend school outside their attendance area. However, upon parent/guardian request, the district shall provide transportation assistance to any student who is eligible for free or reduced-price meals and may provide transportation assistance to those enrolled in a district school outside the student's attendance area is a result of being a "victim of an act of bullying" or having an "active military duty parent". (Education Code 46600)
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