BP 5116.1 - Intradistrict Open Enrollment
Policy Adopted: November 17, 2016
Reviewed: November 16, 2023
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 and resources. 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 any district school, regardless of the location of their residence within the district. (Education Code 35160.5)
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:
1. is enrolled in a district school designated by the California Department of Education (CDE) as "persistently dangerous" (20 USC 7912; 5 CCR 11992)
2. is a victim of a violent crime while on school grounds (20 USC 7912)
3. Is a victim of an act of bullying committed by another district student, as determined through an investigation following the parent/guardian's submission of 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)
4. Is currently enrolled in a district school identified by the CDE for comprehensive support and improvement, with priority given to the lowest academically achieving students from low-income families as determined pursuant to 20 USC 6313(a)(3) (20 USC 6311)
5. 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. A written statement from a representative of an appropriate state or local agency, including, but not necessarily limited to, a law enforcement official, social worker, or a properly licensed or registered professional such as a psychiatrist, psychologist, or marriage and family therapist, clinical social worker, or professional clinical counselor
b. A court order, including a temporary restraining order and injunction
6. Is a sibling of a student already in attendance in that school
7. 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 in the annually advertised open enrollment period 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 priorities listed above, the Superintendent or designee shall use a random, unbiased selection process to determine who shall be admitted whenever the school receives admission requests that are in excess of the school's capacity. (Education Code 35160.5)
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. In addition, 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 whose enrollment in a district school outside the student’s attendance area is a result of being a victim of bullying. (Education Code 46600)
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the
board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Description
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 Description
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 Description
Attorney General Opinion 85 Ops.Cal.Atty.Gen. 95 (2002)
California Department of Education
Publication Every Student Succeeds Act - Update #8, July 14, 2017
Students BP 5116.1(a)
INTRADISTRICT OPEN ENROLLMENT
Policy MOUNTAIN VIEW WHISMAN SCHOOL DISTRICT
Adopted: November 3, 2022
Reviewed: November 16, 2023 MountainView, CA
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
Code Description
0450 Comprehensive Safety Plan
0450 Comprehensive Safety Plan
0520.1 Comprehensive And Targeted School Improvement
1312.3 Uniform Complaint Procedures
1312.3 Uniform Complaint Procedures
1312.3-E(1) Uniform Complaint Procedures
1312.3-E(2) Uniform Complaint Procedures
3540 Transportation
3541 Transportation Routes And Services
5020 Parent Rights And Responsibilities
5020 Parent Rights And Responsibilities
5111 Admission
5111 Admission
Students BP 5116.1(a)
INTRADISTRICT OPEN ENROLLMENT
Policy MOUNTAIN VIEW WHISMAN SCHOOL DISTRICT
Adopted: November 3, 2022
Reviewed: November 16, 2023 MountainView, CA
5111.1 District Residency
5111.1 District Residency
5116 School Attendance Boundaries
5116.2 Involuntary Student Transfers
5117 Interdistrict Attendance
5117 Interdistrict Attendance
5131.2 Bullying
5131.2 Bullying
5131.7 Weapons And Dangerous Instruments
5131.7 Weapons And Dangerous Instruments
5145.6 Parent/Guardian Notifications
5145.6-E(1) Parent/Guardian Notifications
6117 Year-Round Schedules
6164.6 Identification And Education Under Section 504
6164.6 Identification And Education Under Section 504
6173.1 Education For Foster Youth
6173.1 Education For Foster Youth
6181 Alternative Schools/Programs Of Choice
6181 Alternative Schools/Programs Of Choice
9000 Role Of The Board
9310 Board Policies