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Burlingame SD |  BP  5118  Students

Open Enrollment Act (Romero Bill) Transfer Applications   

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Students generally attend school in the school district where parents/guardians reside. The Open Enrollment Act (Romero Bill) allows students in a "low-achieving school" in one school district to apply to transfer to another school district. A "low-achieving school" is a school in Decile 1 on the Academic Performance Index (API) and placed on a list issued by the California Superintendent of Public Instruction using certain criteria. Only students from a school designated as "low-achieving" are eligible to transfer under the Open Enrollment Act.

Transfers Into or Within the Burlingame School District under Provisions of the Open Enrollment Act

Application Procedures

A parent/guardian of a student in a designated "low-achieving school" in another school district or within the district may submit an application for the student to attend a school in the district from December 1 to no later than January 1 for the next school year. The district may waive this deadline upon a showing of good cause. The deadline does not apply if a parent/guardian, with whom the student resides, is enlisted in the military and has been relocated within 90 days of submitting this application.

An application may request enrollment in a specific school or program in the district.

Decision on Applications

Within 60 days of the January 1st deadline for receiving applications, the district will notify the parent/guardian and the school district of residence in writing whether the application has been accepted or rejected. This timeline will provide the district with the necessary opportunity to determine if space is available at its schools or programs by projecting the enrollment of resident students.

Standards for Acceptance or Rejection of Applications

The Board of Trustees may consider the following standards in determining whether to accept or reject an application:

1. After an analysis of the current and projected enrollment in the district's schools and programs, the determination is made that capacity for additional students does not exist within programs, classes, grade levels, or schools.

2. After an analysis of the request, it appears that the application will have an adverse financial effect on the district.

3. After review of the request, it is determined that the student does not meet usual requirements for admission to a magnet school or GATE program.

The Board may not consider a student's previous academic achievement, physical condition, proficiency in the English language, family income, or any individual characteristic protected under Education Code 200 (race, ethnicity, gender, disability, sexual orientation, religion, etc.).

The Board will not accept an application if the student's school district of residence has prohibited the transfer as allowed under the Open Enrollment Act.

Providing Priority Enrollment to Resident Students

In order to provide priority enrollment opportunities for students residing in the school district, the Superintendent shall establish a time period for resident student enrollment prior to accepting transfer applications under this policy.

Priority for Consideration

Students accepted for transfer under the Open Enrollment Act will be enrolled in a school with a higher API than the school in which the student was previously enrolled and selected through a random, unbiased process without consideration of individual academic or athletic performance or any characteristic protected under Education Code 200, except that students applying for a transfer under this policy shall be assigned priority for approval as follows:

1. First Priority for siblings of children already attending a requested school.

2. Second Priority for students transferring from a program improvement school designated by the State Superintendent of Schools.

If the number of students who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order stated above to select students at random until all available spaces are filled.

The initial application of a student for transfer under this policy will not be approved if the transfer would require the displacement from the desired school of any other student who resides in the attendance area of the school or is currently enrolled in that school.

Accepted Applications

If an application is accepted, the student may enroll in the school or program approved by the district for the school year immediately following the approval of the application. Once enrolled, the student is not required to submit an application to remain enrolled.

A student approved for transfer is deemed to have fulfilled the requirements for enrollment under Education Code 48204.

The district does not provide transportation for students accepted under the Open Enrollment Act.

Rejected Applications

If an application is rejected, the notice will state the reasons for the rejection. The district's decision is final and may not be overturned absent a finding by a court of competent jurisdiction that the Board acted in an arbitrary and capricious manner. There is no appeal to the County Board of Education.


Communications to parents/guardians regarding Open Enrollment options will be factually accurate and will not target individual parents/guardians or residential neighborhoods on the basis of a student's actual or perceived academic or athletic performance or any other personal characteristic.

Notice of Eligibility to Transfer

On or before the first day of school each year, or if later, on the date the district receives notice of program improvement, corrective action, or restructuring status under federal law, the Superintendent shall provide written notice to parents/guardians of students enrolled in a designated "low-achieving school" that the student has the option to transfer to another public school within the district or another school district.

Prohibiting or Limiting the Number of Transfers into or Out of the District

The district may prohibit or limit the number of students who transfer into or out of the district under the Open Enrollment Act if the Board determines that the transfer would negatively impact either of the following:

1. A court-ordered or voluntary desegregation plan of the district.

2. The racial and ethnic balance of the district consistent with Federal and state law.

Reports and Records

The district Superintendent will maintain any records and provide reports as required by law.

Legal Reference:


200 Prohibition of discrimination

35160.5 District policies, rules, and regulations

46600-46611 Interdistrict attendance agreements

48200 Compulsory attendance

48204 Residency requirements for school attendance

48300-48316 Student attendance alternatives, school district of choice program

48350-48361 Open Enrollment Act

48915 Expulsion; particular circumstances

48915.1 Expelled individuals: enrollment in another district

52317 Regional Occupational Center/Program, enrollment of students, interdistrict attendance


6500-6552 Caregivers


6316 Transfers from program improvement schools


4700-4703 Open Enrollment Act


200.36 Dissemination of information

200.37 Notice of program improvement status, option to transfer

200.39 Program improvement, transfer option

200.42 Corrective action, transfer option

200.43 Restructuring, transfer option

200.44 Public school choice, program improvement schools


87 Ops.Cal.Atty.Gen. 132 (2004)

84 Ops.Cal.Atty.Gen. 198 (2001)


Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275

Management Resources:



California Department of Education:


adopted: September 21, 2010 Burlingame, California

revised: January 31, 2012