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Elk Grove USD  |  BP  5116.1  Students

Intradistrict Open Enrollment   

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The Board of Education desires to provide enrollment options that meet the diverse needs and interests of district students. 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 regulations.

The Superintendent or designee shall determine annually the capacity of each district school. This determination of schoolsite capacity shall be based on nonarbitrary data-driven factors relating to pupil enrollment and available school site space. In order to maintain comprehensive instructional programs at all schools, the number of students allowed to transfer into or out of an individual school during open enrollment may be limited, and the Superintendent or designee will take into account this and related educational prerogatives when making annual schoolsite capacity determinations. The Superintendent or designee shall also determine annually establish a random, unbiased selection process for the admission of students from outside a school's attendance area into schools with space to allow for transfer students. The parents/ guardians of any student who resides within district boundaries may apply to enroll their child in any district school with available space, regardless of the parents' location of residence within the district.

When any Title I school is identified for Year One Program Improvement (20 U.S.C § 6316), the Superintendent or designee shall provide students enrolled in the Program Improvement school the option of transferring to another district school or charter school that has not been identified for program improvement.

The Board shall annually review this policy.

Legal Reference:

EDUCATION CODE

200 Prohibition against discrimination

35160.5 District policies; rules and regulations

35291 Rules

35351 Assignment of students to particular schools

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

48980 Notice at beginning of term

CODE OF REGULATIONS, TITLE 5

11992-11994 Definition of persistently dangerous schools

UNITED STATES CODE, TITLE 20

6316 Transfers from program improvement schools

7912 Transfers from persistently dangerous schools

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

200.48 Transportation funding for public school choice

COURT DECISIONS

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

ATTORNEY GENERAL OPINIONS

85 Ops.Cal.Atty.Gen. 95 (2002)

Management Resources:

U.S. DEPARTMENT OF EDUCATION NONREGULATORY GUIDANCE

Public School Choice, January 2009

Unsafe School Choice Option, May 2004

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Unsafe School Choice Option: http://www.cde.ca.gov/ls/ss/se/usco.asp

U.S. Department of Education, No Child Left Behind: http://www.nclb.gov

Policy ELK GROVE UNIFIED SCHOOL DISTRICT

adopted: March 7, 1994 Elk Grove, California

revised: February 17, 2009