5116.1 AR - Intradistrict Open Enrollment

Students
Administrative Regulation No. 5116.1

Regulation Reviewed: November 2, 2017

INTRADISTRICT OPEN ENROLLMENT

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 determining whether a student has been a victim of a violent criminal offense, the Superintendent or designee shall consider the specific circumstances of the incident on a case-by-case basis 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 his/her parent/guardian in making the offer. If the parent/guardian elects to transfer his/her child, the transfer shall be completed as soon as practicable.

Transfers from a "Persistently Dangerous" School

Within 10 school days after receiving notification from the California Department of Education (CDE) that a school has been designated as "persistently dangerous," the Superintendent or designee shall notify parents/guardians of the school's designation. Within 10 school days after this notification has been provided to parents/guardians, the Superintendent or designee shall notify parents/guardians of their option to transfer their child.

(cf. 0450 - Comprehensive Safety Plan)

Parents/guardians who desire to transfer their child out of a "persistently dangerous" school shall provide written notification 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 may establish a reasonable timeline, not to exceed seven school days, for the submission of parent/guardian requests.

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. For students who accept the offer, the transfer shall generally be made within 30 school days of receiving the notice of the school's designation from the CDE. If parents/guardians decline the assigned school, the student may remain in his/her 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 Enrollment

Except for transfers of victims of a violent crime and from a “persistently dangerous” school, the following procedures shall apply:

1. The Superintendent or designee shall identify those schools which may have space available for additional students. A list of these schools and open enrollment applications shall be available at the district office, and on the district’s website.

2. Students whose parents/guardians submit applications to the district by the last day of February may be eligible for admission to their school or program of choice for the following school year under the district’s open enrollment policy. Requests to attend a school outside a student’s attendance area will not be accepted after the last day of February, provided, however, that the District reserves the right to transfer a student to a school outside a student’s attendance area at any time upon any of the following:

• Balancing enrollment, relieving overcrowded conditions or maintaining class size,
• Providing for placement in a special education program,
• Learning environment change,
• School closure,
• Maximizing use of resources, or
• As otherwise permitted by law.

3. 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 prior to the last day of September for neighborhood school and the last day of January for Dual Immersion and PACT. Late applicants shall not be added to the waiting list for the current yea,r but shall instead wait for a subsequent lottery.

4. The Superintendent or designee shall provide written notification to applicants by mail 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.

5. Prior to the start of the school year, upon request of the District, approved applicants must confirm their enrollment within 10 school days of notification. After the first day of school, approved applicants must enroll and attend the new school within two (2) school days of notification or the agreed upon start date or the approval will be canceled and the request for enrollment or transfer considered terminated.

Furthermore, any student who has been approved for enrollment prior to the start of the school year and fails to attend by the third school day or such other date previously approved by the District shall be dropped from District enrollment and any waitlist as of such date.

Subject to the paragraph above, once enrolled, a student shall not be required to apply for readmission so long as the student remains a resident of the District, provided, however, that students enrolled pursuant to this administrative regulation may be subject to displacement due to excessive enrollment and students who are consistently absent or tardy from school for reasons that are not excused may be reassigned to another school within the District. Students who no longer reside in the District will be subject to Board Policies and Regulations related to interdistrict attendance agreements.

Any complaints regarding the selection process shall be submitted to the Superintendent or designee.

Notifications

Notifications shall be sent to parents/guardians at the beginning of each school year describing all current statutory attendance options and local attendance options available in the district. Such notification shall include: (Education Code 35160.5)

1. All options for meeting residency requirements for school attendance

(cf. 5111.13 - Residency for Homeless Children)

2. Program options offered within local attendance areas

3. A description of any special program options available on both an interdistrict and intradistrict basis

4. 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

5. A district application form for requesting a change of attendance

6. The explanation of attendance options under California law as provided by the California Department of Education

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