The Board of Education desires to provide enrollment that meet the diverse needs and interests of district students 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 to enroll their child in any district school, regardless of the location of their residence within the district. (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 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 priority to any district student to attend another district school, including a charter school, outside of their attendance area as follows:
1. Any student within the specified boundary for a school has priority for that school.
2. Any sibling of a student already in attendance at that school.
3. Any student enrolled in a district school that has been identified on the state's Open Enrollment Act list. (Education Code 48354)
a. Give priority to the lowest achieving children from low-income families, as determined by the LEA for purposes of allocating funds to schools under section 1113(a)(3) (ESSA Section 1111[d][1][D][ii]);
b. Ensure that a student who transfers to a school in the LEA that is not identified for CSI enroll in classes and other activities in the public school in the same manner as all other students in the school (ESSA Section 1111[d][1][D][iii]);
c. Permit a student who transfers to another public school in the LEA that is not identified for CSI to remain in that school until the student has completed the highest grade in that school (ESSA Section 1111[d][1][D][iv]).
4. Any student who is the victim of a violent crime while on school grounds.
5. 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, such as 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.
6. Any student whose parent/guardian is assigned to that school as their primary place of employment.
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 as per the Administrative Regulations.
The Superintendent or designee shall calculate each school's capacity in a nonarbitrary manner using student enrollment and available space. (Education Code 35160.5)
Except for priorities listed above, the Superintendent or designee shall use a computerized, random, unbiased selection process to determine who shall be admitted whenever a 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)
Transportation
The district shall not be obligated to provide transportation for students who attend school outside their attendance area. However, upon request, the Superintendent or designee may authorize transportation contingent upon available space and funds. Priority for any such transportation shall be based on demonstrated financial need or special circumstances.
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 REDWOOD CITY SCHOOL DISTRICT
adopted: January 13, 2010 Redwood City, California
revised: December 12, 2018