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Carlsbad USD |  BP  5118  Students

Open Enrollment Act Transfers   

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Because the Carlsbad Unified School District is a "basic aid" district, the state does not provide funding to educate children who reside in other school districts. As a result, enrollment of students whose parents or guardians reside in other school districts reduces the educational resources available for resident students and increases class size. For this reason, it is the general policy that the District does not accept interdistrict transfer students except under those limited circumstances described in Board Policy 5117 - Interdistrict Attendance. Accordingly, interdistrict transfer requests made pursuant to the Open Enrollment Act (commonly referred to as the Romero Bill), as set out in Education Code 48350 ("Open Enrollment Act transfers"), shall only be approved by the Superintendent or designee in accordance with the provisions of this Policy and any implementing regulations.

Any student who attends a District school that is on the Open Enrollment List, as identified by the Superintendent of Public Instruction, he/she may transfer to another school within or outside of the District, as long as the school to which he/she is transferring has a higher Academic Performance Index. (Education Code 48354, 48356)

(cf. 5116.1 - Intradistrict Open Enrollment)

(cf. 5117 - Interdistrict Attendance)

In order to ensure that priorities for enrollment in District schools are implemented in accordance with law, the Board hereby waives the January 1 deadline in Education Code 48354 for all applications for transfer from nonresident parents/guardians of children attending a school on the Open Enrollment List in another district. Transfer applications shall be submitted between the first day of school after winter recess in January and the last day of March of the school year preceding the school year for which the transfer is requested.

(cf. 5111.1 - District Residency)

(cf. 5111.12 - Residency Based on Parent/Guardian Employment)

The Board may deny a transfer out of or into the District upon a determination by the Board that the transfer would negatively impact a court-ordered or voluntary desegregation plan in accordance with Education Code 48355.

Standards for Rejection of Transfer Applications

Pursuant to Education Code 48356, the Board has adopted the following standards for acceptance and rejection of transfer applications submitted by a parent/guardian of a student attending a school in another district on the Open Enrollment List. The Superintendent or designee shall apply these standards in accordance with Board Policy and administrative regulation and shall ensure that the standards are applied uniformly and consistently.

As applicable, a transfer application may be denied under any of the following circumstances:

1. Upon a determination that approval of the transfer application would negatively impact the capacity of a program, class, grade level, or school building, including but not limited to:

a. The class or grade level exceeding the District's limits pursuant to the state Class Size Reduction Program or the Morgan/Hart Class Size Reduction Program for Grades 9-12

b. The site, classroom, or program exceeding the maximum student-teacher ratio specified in the District's collective bargaining agreement

c. The site or classroom exceeding the physical capacity of the facility pursuant to the District's facilities master plan or other facility planning document; or,

d. The class or grade level exceeding capacity pursuant to items #a-#c above in subsequent years as the student advances to other grade levels at the school

(cf. 6151 - Class Size)

(cf. 7110 - Facilities Master Plan)

2. Upon a determination that approval of the transfer application would have an adverse financial impact on the District, including but not limited to:

a. The hiring of additional certificated or classified staff

b. The operation of additional classrooms or instructional facilities

c. Expenses incurred by the District that would not be covered by the apportionment of funds received from the state resulting in a reduction of the resources available to resident students

Appeal Process for Denials of Transfer Applications

The Board has delegated responsibility for accepting or rejecting transfer applications pursuant to the Board Policy to the Assistant Superintendent, Instructional Services or his/her designee. A parent/guardian of a student may appeal, in writing, the determination of the Assistant Superintendent of Instructional Services/designee to the Superintendent within 10 days of receipt of notice of rejection of a transfer application. The written appeal must specify the grounds for the student's appeal. The Superintendent shall schedule an appeal meeting as soon as practicable. At the meeting, the parent/guardian shall have the right to present oral or written evidence or argument in support of the student's transfer application. The Superintendent will issue a decision within 20 days of the appeal meeting.

The Superintendent's decision shall be final.

Program Evaluation

The Superintendent or designee shall collect data regarding the number of students who transfer out of the District pursuant to the Open Enrollment Act. He/she shall also collect data regarding the number of students who apply to transfer into the District, the number of requests granted, denied, or withdrawn, and the District schools and programs receiving applications.

When the Superintendent or designee anticipates that a particular school will receive a large number of transfer applications, he/she shall study the enrollment pattern at that school in order to anticipate future resident enrollment at the school and at the District schools into which those students would normally matriculate.

The Superintendent or designee shall regularly report to the Board regarding the implementation of this program.

Legal Reference:

EDUCATION CODE

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

FAMILY CODE

6500-6552 Caregivers

UNITED STATES CODE, TITLE 20

6316 Transfers from program improvement schools

CODE OF REGULATIONS, TITLE 5

4700-4703 Open Enrollment Act

CODE OF FEDERAL REGULATIONS, TITLE 34

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

ATTORNEY GENERAL OPINIONS

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

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

COURT DECISIONS

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

Management Resources:

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Policy CARLSBAD UNIFIED SCHOOL DISTRICT

adopted: February 9, 2011 Carlsbad, California

revised: June 22, 2011