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Mountain View-Los Altos Union HSD |  BP  5116.1  Students

Intradistrict Transfers - Open Enrollment   

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The Board of Trustees desires to provide enrollment options that meet the diverse needs and interests of district students and parents/guardians, while also maximizing 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 during the annual open enrollment period for enrollment in any district school.

The Superintendent shall develop transfer procedures to implement this policy which will include determining the enrollment capacity of each district school (Maximum Facility Capacity). Transfer procedures shall be based upon a random, unbiased selection process for the admission of students from outside a school's attendance area.

(cf. 5111.1 - District Residency)

(cf. 5116 - School Attendance Boundaries)

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 to the district in accordance with timelines outlined in Administrative Regulation 5116.1.

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

Enrollment Priorities

The Board of Trustees shall determine the Maximum Facility Capacity of the schools in the district in a nonarbitrary manner using student enrollment and available space. Each year, the Board shall approve the number of openings available for Open Enrollment transfers. (Education Code 35160.5)

Each school's Open Enrollment transfer capacity shall be based upon factors such as Maximum Facility Capacity, current student enrollments, available classroom and/or instructional space, school program, and environmental needs.

Intradistrict Enrollment under the Open Enrollment Act ("Romero Bill")

The Romero Bill and California regulations allow students attending a school designated by the California Superintendent of Public Instruction as an "Open Enrollment School" to submit an application for enrollment in a higher performing school in the district. Applications for an intradistrict transfer under the Romero Bill are subject to the timelines and criteria established in the District's Administrative Regulation 5118 - Open Enrollment Act Transfers.

The Superintendent or designee may also grant priority to any district student to attend another district school outside of his/her attendance area as follows:

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

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, 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 sibling of a student already in attendance in that school

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

A student who transfers from one school to another without a change in his/her home residence may forfeit the right to compete in interscholastic athletics as per California Interscholastic Federation (CIF) guidelines. Parents/guardians should contact a school's principal or designee to determine how a transfer might impact their child's athletic eligibility.

Once admitted to a school, a student shall not be required to apply for readmission in the succeeding school years, as long as the student resides with a parent/guardian who is a legal resident of the District, or the student is otherwise legally eligible to attend District schools.

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

6311 State plans

7912 Transfers from persistently dangerous schools

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:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Public School Choice FAQs

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

U.S. DEPARTMENT OF EDUCATION PUBLICATIONS

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

Unsafe School Choice Option, May 2004

WEB SITES

CSBA: http://www.csba.org

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

U.S. Department of Education: http://www.ed.gov

Policy MOUNTAIN VIEW-LOS ALTOS UNION HIGH SCHOOL DISTRICT

adopted: June 19, 2017 Mountain View, California