Ross Valley SD | BP 5116.1 Students
The Board of Trustees 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. (Education Code 35160.5)
(cf. 5111.1 - District Residency)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5111.13 - Residency for Homeless Children)
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) However, spaces will be held/reserved at District sites that house District-wide programs in order to accommodate student enrollment in those programs. The attendance area for any District-wide program encompasses the entire District.
(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 his/her attendance area in the following order:
1. Any student enrolled in a district school receiving Title I funds that has been identified for program improvement (PI), corrective action, or restructuring. (20 USC 6316)
(cf. 0420.4 - Charter Schools)
(cf. 0520.2 - Title I Program Improvement Schools)
(cf. 6171 - Title I Programs)
(cf. 0450 - Comprehensive Safety Plan)
3. Any student who is a victim of a violent crime while on school grounds. (20 USC 7912)
4. Any student for whom 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 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
5. Any student enrolled in a District school that has been identified on the state's Open Enrollment List. (Education Code 48354)
(cf. 5118 - Open Enrollment Act Transfers)
6. Any sibling of a student already in attendance in that school. Because siblings are in the sixth priority category, families should be aware that approval of an intradistrict attendance request for one child is not a guarantee that subsequent requests for that child's siblings will be approved.
However, siblings of students who were approved for intradistrict attendance for the 2011-12 school year or in prior school years shall be approved for transfer consistent with prior board policy.
7. Any student whose parent/guardian is employed by the District and is assigned to that school as his/her primary place of employment.
8. A student who has been overflowed to another district school and who is applying to attend the school in his/her attendance area.
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 between February 1st and March 1st 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)
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) The selection process will be applied to each priority category reached when the number of applications exceeds the school's capacity. If all priority applications can be accommodated, the selection process will be applied to the remaining pool of applicants.
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)
Once enrolled, an intradistrict transfer student shall not have to apply for readmission as long as continuous enrollment is maintained.
200 Prohibition against discrimination
35160.5 District policies; rules and regulations
35351 Assignment of students to particular schools
48200 Compulsory attendance
48204 Residency requirements for school attendance
48980 Notice at beginning of term
CODE OF REGULATIONS, TITLE 5
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
Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275
ATTORNEY GENERAL OPINIONS
85 Ops.Cal.Atty.Gen. 95 (2002)
U.S. DEPARTMENT OF EDUCATION NONREGULATORY GUIDANCE
Public School Choice, January 2009
Unsafe School Choice Option, May 2004
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 ROSS VALLEY SCHOOL DISTRICT
adopted: November 19, 2011 San Anselmo, California
revised: June 19, 2012