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Delano Joint HSD  |  AR  5116.1  Students

Intradistrict Open Enrollment   

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Transfers for Victims of a Violent Criminal Offense

Within a reasonable amount of time, not to exceed 14 calendar 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 making the determination that a student has been a victim of a violent criminal offense, the Superintendent or designee shall consider the specific circumstances of the incident 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 parent/guardian in making the offer. If the parent/guardian elects to transfer the student, the transfer shall be completed as soon as practicable.

Transfers from a "Persistently Dangerous" School

Upon receipt of notification from the California Department of Education (CDE) that a district school has been designated as "persistently dangerous," intradistrict transfers shall be granted as follows:

1. Within 10 days of receipt of the notification from CDE, the Superintendent or designee shall provide parents/guardians of students attending the school with notice of the school's designation. Along with this notification, or at least 14 calendar days before the start of the school year, the Superintendent or designee shall provide a list of other district schools to which any student of the school that is designated as persistently dangerous may transfer.

(cf. 0450 - Comprehensive Safety Plan)

2. Parents/guardians who desire to transfer their child out of the school shall provide a written response 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.

3. 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. The Superintendent or designee shall notify the parents/guardians of the assigned school.

4. For students whose parents/guardians accept the offer, the transfer shall be made as quickly as possible. If the parents/guardians decline the assigned school, the student may remain in the 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.

(cf. 5117 - Interdistrict Attendance)

Enrollment Priorities

1. No student currently residing within a school's attendance area shall be displaced by another student. (Education Code 35160.5)

2. The Governing Board retains the authority to maintain appropriate racial and ethnic balance among district schools.

Other Intradistrict Open Enrollment

Except for transfers for victims of a violent crime and from a "persistently dangerous school," the following procedures shall apply to intradistrict open enrollment:

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

2. 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 during the year. Late applicants shall not be added to the waiting list for the current year but shall instead wait for a subsequent lottery.

3. The Superintendent or designee shall provide written notification to applicants 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.

4. Approved applicants must confirm their enrollment within 10 school days.

Any student who is granted a transfer out of a school that had been identified by CDE for comprehensive support and improvement shall be allowed to remain in the school of enrollment until completing the highest grade offered at that school. (20 USC 6311)

(cf. 0520.1 - Comprehensive and Targeted Support and Improvement)

A student granted intradistrict enrollment under other circumstances shall not be required to reapply for readmission but may be subject to displacement due to excessive enrollment.

Any complaints regarding the open enrollment process shall be submitted in accordance with the applicable complaint procedure.

(cf. 1312.3 - Uniform Complaint Procedures)

Athletic Transfer Eligibility

1. The Board requires that interscholastic athletic activities be conducted in accordance with Board policy, administrative regulations, and California Interscholastic Federation (CIF) bylaws and rules. The district's athletic programs shall adhere to the applicable CIF policies, guidelines, definitions, and timelines relating to athletic transfer eligibility.

2. The Superintendent or designee shall ensure that the district's athletic programs provide information to students, coaches, staff and parents regarding the policies and regulations of the Board concerning athletic transfer eligibility.

3. The Superintendent or designee shall establish and maintain site assessment teams for the purpose of determining eligibility, conducting investigations and making determinations relating to athletic transfer eligibility, including but not limited to cases of valid change of address, hardship, and undue influence (recruiting). The assessment committee may consist of administrators, program directors, psychologists, nurses, and other staff members. The assessment teams shall make their athletic transfer recommendations to the Superintendent or designee. The assessment teams shall establish criteria and protocols consistent with Board policy and applicable CIF policies, guidelines, definitions, and timelines.

4. The Superintendent or designee shall establish and maintain a district advisory committee for the purpose of hearing appeals, conducting investigations and making determinations relating to athletic transfer eligibility, including but not limited to cases of valid change of address, hardship, and undue influence (recruiting). The committee shall consist of administrators, program directors, psychologists, nurses, and other staff members who do not have direct supervisory responsibilities for the district's athletic programs. The advisory committee shall make athletic transfer eligibility recommendations to the Superintendent or designee. The advisory committee shall establish criteria and protocols consistent with Board policy and applicable CIF policies, guidelines, definitions, and timelines.

5. Students shall retain fill athletic eligibility in the event of a district finding of valid change of residence or hardship determination. Students may not participate in athletic contests until a finding has been made concerning athletic eligibility.

6. In the event of a determination of undue influence (recruiting) by any person directly or indirectly associated with a school athletic program to secure or encourage of a student transfer for athletic purposes, the student may become ineligible for athletics for one calendar year. A second determination of undue influence will result in indefinite athletic ineligibility.

7. In the event that a parent/guardian or a student gives fraudulent information or documentation to a school official in relation to athletic transfer eligibility, the student may be ineligible for athletics for one calendar year.

8. Students who are granted an intradistrict transfer shall be ineligible for athletics for one calendar year unless otherwise determined by the Superintendent or designee. Students who enroll in and attend classes as an intradistrict transfer student, and who subsequently transfer back to their school of origin , shall be ineligible for athletics for one calendar year from the date the subsequent intradistrict transfer takes effect unless otherwise determined by the Superintendent or designee.

9. Students who are granted an intradistrict transfer due to a boundary change to allow them to remain at their current school will not lose their athletic eligibility as long as they maintain continued enrollment at their school of origin.

10. In the event of future adjustments in district boundaries, students who are granted open enrollment transfers to remain at their current school will not lose their athletic eligibility for the school year when the boundary changes are implemented.

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, 48980)

1. All options for meeting residency requirements for school attendance

(cf. 5111.1 - District Residency)

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 CDE

(cf. 5145.6 - Parental Notifications)

Regulation DELANO JOINT UNION HIGH SCHOOL DISTRICT

approved: February 11, 2020 Delano, California