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Hayward USD |  AR  5116.1  Students

Intra-District Open Enrollment   

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No student residing within a school's attendance area shall be displaced by another student transferring from outside the attendance area. Residents within a schools attendance boundary have first priority to register during enrollment periods prior to students requesting transfer.

The priorities for intra-district open enrollment transfer are as follows:

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," the Superintendent or designee shall provide parents/guardians of students attending the school notice of the schools designation as "Persistently Dangerous" and of the option to transfer their student.

* Parents/guardians who desire to transfer their child out of a "persistently dangerous" school shall provide a written transfer request to the Child Welfare & Attendance [CWA] Office indicating their school preferences from among the schools identified for transfer. Transfer requests must be submitted to the CWA office within ten business days from when notice is given of the school's designation.

* The CWA office 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.

* For students whose parents/guardians accept the offer, the transfer shall generally be made within 30 school days of receiving the notice of the school's designation from the CDE. If parents/guardians decline the assigned school, the student may remain in his/her current school.

* The transfer shall remain in effect as long as the student's school of origin is identified as "persistently dangerous."

* Parent/guardians may request 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 District will cooperate with neighboring districts to develop an inter-district transfer program in the event that space is not available in a District school.

Transfers for Victims of a Violent Criminal Offense

Within 14 business 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 Child Welfare & Attendance Office, as the Superintendent's designee.

* In making the determination that a student has been a victim of a violent criminal offense, the specific circumstances of the incident will be considered based on investigation by school administration.

* Local law enforcement and/or other agencies will be consulted 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 needs and preferences of the affected student and his/her parent/guardian shall be considered in making the offer. If the parent/guardian elects to transfer his/her child, the transfer shall be completed as soon as practicable.

Transfers for Previously Identified Program Improvement Schools

In compliance with the Every Student Succeeds Act (ESSA) federal law, any student who, prior to the 2016-17 school year, was granted a transfer out of a Title I school that had been identified for program improvement shall be allowed to remain in the school of enrollment until he/she completes the highest grade offered at that school.

District Intra-District Open Enrollment

The district shall identify those schools which may have space available for additional students for the upcoming school year and establish a time period during which students may apply for transfer for the upcoming school year. A list of those schools and the transfer application time period will be available and open enrollment applications shall be available at each school site, the district office, and on the district's web site.

After the enrollment priorities have been applied in accordance with Board policy, if there are more Open Enrollment transfer requests for a particular grade and or program at the requested school than there are spaces available, a random drawing (lottery) shall be held from the applicant pool.

Priority in the Open Enrollment transfer process should there be a lottery will be given to the following:

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

? Any student whose parent/guardian is assigned to that school as his/her primary place of employment during the year of the transfer request.

A waiting list shall be established to indicate the order in which applicants may be accepted if/when openings occur. The waiting list will be maintained until the end of the first grading period of the requested school year.

Intra-district transfer applications submitted after the Open Enrollment application window shall not be added to an existing Open Enrollment waiting list for a school as such schools are at or projected to be at capacity. Parent/guardians who apply late for intra-district open enrollment shall be encouraged to apply in a subsequent lottery. Intra-District transfers submitted after Open Enrollment but prior to the start of a school may be held till the start of school. Approval will be based on space availability, district assignment of students to maximize enrollment, and district criteria including intra-district transfer for special circumstances.

* The CWA office shall provide written notification as to whether applications have been approved, denied, or placed on a waiting list. If the application is denied, the reasons for denial shall be stated.

* Applications for transfer to schools to participate in specialized programs such as Dual Language Immersion, and project based arts & science programs will be considered based on the criteria established for such programs. Approval for appropriate candidates will be applied uniformly. Approved applicants must confirm their enrollment within 15 business days after approval.

Students approved and enrolled through intra-district Open Enrollment shall continue to attend that school until they complete the highest grade of that school. However, the student may be subject to displacement due to excessive enrollment of residents.

When promoting to the next school level, from elementary to middle school, or middle to high school, students will automatically be assigned to their school of residence. Should the parent/guardian wish the student to attend a different school, they must apply through the Open Enrollment process during the time period established prior to that school year.

Transfers for Special Circumstances

The District promotes educational stability for students and discourages intra-district transfer during a school year. However, the District recognizes that families face special circumstances during a school year whereby they may want their student to attend another school in the District. Parent/guardians may request student intra-district/open enrollment transfer during a school year upon a finding that special circumstances exist that might be harmful or dangerous to the student or cause serious hardship to the family if the student attends their resident school. Special circumstances, include, but are not limited to, threats of bodily harm, threats to the emotional stability of the student, health needs, and family hardship such as childcare needs (6th grade and below) for students newly enrolling into the District.

* Intra-district Open Enrollment transfer requests during the school year must include verified documentation supporting the request and will be approved based on available space.

* Special Circumstance involving harmful or dangerous circumstances must be investigated by school administration using established processes for student behavior and discipline [See BP 5131.2 Harassment/Bullying]. Parent/guardians and students should notify school administration of the concerns and work through appropriate intervention processes.

* Childcare or hardship issues must have supporting documentation such as health need verification or a signed letter confirming childcare.

* District transfers for reasons other than substantiated harmful or dangerous circumstances, may be approved with specific conditions indicated in the transfer outlining expectations for student success. Should these conditions not be met, the student may be withdrawn to their school of residence.

* The CWA office shall provide written notification as to whether applications have been approved or denied. If approved, The CWA office will coordinate student enrollment with both schools

Students receiving special education services may also utilize the open enrollment processes. However, approval of intra-district open enrollment placement requests must be consistent with the student's I.E.P. and are subject to space and program availability.

Transfers due to Lack of Capacity

The District Enrollment Center and CWA Office enroll and assign students to schools based on residency and transfer request.

* When schools reach capacity in grade, class, and or program, students will be assigned to a school with available space using the District's redirect process.

* Students redirected to their non- resident school will be given option to return to their resident school should space become available during the year or to accommodate educational stability, at the end of a school year for the upcoming year (as long as space remains available).

* Parent/guardians at that time may be given an option of intra-district open enrollment transfer at that time to accommodate family and district need.

Students enrolled in the approved transfer school are expected to complete the school year at the transfer school. Students may attend their resident school for an upcoming school year as outlined in district residency policy. (AR 5111.1). When parent/guardians request to move their student from the transfer school to the school of residence, they must go through the registration process to enroll their student into the new school.

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


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:

1. All options for meeting residency requirements for school attendance

2. Program options offered within local attendance areas

3. A description of any special program options available on both an inter-district and intra-district 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 the CDE

(cf. 5111.1 - District Residency)

(cf. 5118 - Open Enrollment Act Transfers)


approved: August 3, 1992 Hayward, California

revised: May 22, 2002

revised: Feb. 22, 2006

revised: October 23, 2013

revised: September 28, 2016

revised: August 22, 2018

revised: November 13, 2019