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Hayward USD |  BP  5116.1  Students

Intradistrict Open Enrollment   

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The Governing Board desires to provide enrollment options that meet the diverse needs and interests of district students and parents/guardians, while also balancing enrollment in order to maximize the efficient use of district facilities. 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.

(cf. 5117 - Interdistrict Attendance)

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 residence within the district using the Open Enrollment/Intra-District transfer process. (Education Code 35160.5)

(cf. 5111.1 - District Residency)

The Board shall annually review this policy. (Education Code 35160.5, 48980)

Enrollment Priorities

No student currently residing and attending within a school's attendance area shall be displaced by another student transferring from outside the attendance area. (Education Code 35160.5)

(cf. 5116 - School Attendance Boundaries)

The Superintendent or designee shall grant transfer to any district student to attend another district school outside of his/her attendance area under the following conditions:

1. Any student enrolled in a district school designated by the California Department of Education as "persistently dangerous." (20 USC 7912; 5 CCR 11992)

(cf. 0450 - Comprehensive Safety Plan)

2. Any student who is a victim of a violent crime while on school grounds. (20 USC 7912)

3. Upon a finding that special circumstances exist that might be harmful or dangerous to the student in the current attendance area. Special circumstances, include, but are 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 above, 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.

b. A court order, including a temporary restraining order and injunction.

4 Any student approved under the District's Open Enrollment/Intra-District's transfer process, (Education Code 35160.5(b)(1) a random unbiased process whereby residents may choose their school based on District determined capacity.

Priorities in the random unbiased process (lottery) are given to:

a. Any sibling of a student enrolled at the requested school during the year of the transfer request.

b. Any student whose parent/guardian is assigned to that school as his/her primary place of employment.

District Open Enrollment 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 during a four week period including the last two weeks of January and the first two weeks of February 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 non-arbitrary manner using student enrollment and available space. (Education Code 35160.5)

Except for the priorities listed above in conditions 1-3, 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, except that existing entrance criteria for specialized schools or programs may be used provided that the criteria are uniformly applied to all applicants. Academic performance may be used to determine eligibility for, or placement in, programs for gifted and talented students. (Education Code 35160.5)

(cf. 6172 - Gifted and Talented Student Program)

5. Upon a finding that special circumstances exist in which a student may access a specialized educational program not available at the resident school. Special circumstances, include, but are not limited to, language alternative programs (Bilingual Alternative, Dual Language Immersion), transitional Kindergarten, Visual and Performing Arts (VAPA), and College and Career Pathways (Biomedical, Engineering, Multimedia).

To approve students for specialized programs, the Superintendent or designee must determine"

a. The student is appropriate for the specialized program. This would be recommendation from the school administrator and/or teacher of the desired program indicating qualification for the program.

b. Applications for transfer to schools to participate in specialized programs will be considered based on the criteria established for such programs. Approval for appropriate candidates will be applied uniformly.

c. Schools must have space available to provide students all appropriate classes in addition to the specialized program and follow the criteria indicated above.


Except as required by law, the district shall not be obligated to provide transportation for students who attend school outside their attendance area.

(cf. 3250 - Transportation Fees)

(cf. 3540 - Transportation)

Legal Reference:


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


11992-11994 Definition of persistently dangerous schools


6311 State plans

7912 Transfers from persistently dangerous schools


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


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

Management Resources:


Public School Choice FAQs

Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016


Transitioning to the Every Student Succeeds Act (ESSA): Frequently Asked Questions, rev. May 4, 2016

Unsafe School Choice Option, May 2004



California Department of Education:

U.S. Department of Education:


adopted: August 3, 1992 Hayward, California

revised: May 22, 2002

revised: Feb. 22, 2006

revised: October 23, 2013

revised: January 9, 2013

revised: January 13, 2016

revised: September 28, 2016

revised: August 22, 2018

revised: November 13, 2019

revised October 28, 2020