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San Bruno Park ESD |  BP  5116  Students

School Attendance Boundaries   

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The Governing Board shall establish school attendance boundaries in order to maximize the efficient use of district facilities and effective administration of district schools. The Superintendent or designee shall periodically review school attendance boundaries and, as necessary, make recommendations to the Board for boundary adjustments.

When reviewing school attendance boundaries, the Superintendent or designee shall consider the following factors:

Note: Courts have held that school districts have an affirmative duty to prevent racial segregation (Jackson v. Pasadena City School District and Crawford v. Board of Education). In addition, Education Code 35753 requires the State Board of Education to analyze whether proposals to reorganize school districts will result in racial or ethnic discrimination and Education Code 35160.5 grants districts the authority to maintain appropriate racial and ethnic balances across district schools when adopting the district's intradistrict open enrollment policy. However, in Crawford v. Huntington Beach Union High School District, a California appellate court held that a district's intradistrict enrollment policy, which contained a racial and ethnic balance component as authorized by Education Code 35160.5, violated the constitutional provisions added by Proposition 209 (Article I, Section 31). Because of the potential for legal challenge, districts should consult legal counsel as appropriate.

1. School enrollment data, including declining enrollment patterns

2. Facility capacity and design, including potential commercial and residential developments

3. School feeder patterns, including maintaining, to the extent practicable, continuity of student attendance

4. Federal, state, or court mandates

5. Community input

6. Student safety

7. Transportation capacity

8. Community and neighborhood identity

9. Geographic features of the district, including traffic patterns

10. Educational programs

(cf. 7160 - Charter School Facilities)

11. Other factors

(cf. 5116.1- Intradistrict Open Enrollment)

(cf. 5117 - Interdistrict Attendance)

Students residing in a community facilities district shall have priority, to the extent provided by law, for attendance at schools financed in whole or in part by the community facilities district. The degree of priority must reflect the proportion of each school's financing provided through the community facilities district. (Government Code 53312.7)

(cf. 7212 - Mello-Roos Districts)

In order to alleviate overcrowding, the Superintendent or designee may place some students in a school outside of their attendance area. Parents/guardians of students who are attending schools outside of their attendance area shall be notified of the school their child will be attending as soon as possible. If available, transportation shall be provided for such students.

(cf. 3541 - Transportation Routes and Services)

Legal Reference:

EDUCATION CODE

35160 Authority of governing boards

35160.1 Broad authority of school districts

35160.5 District policies; rules and regulations

35291 Rules

35350 Transportation of students

35351 Assignment of students to particular schools

GOVERNMENT CODE

53311-53317.5 Establishment of community facilities district

CALIFORNIA CONSTITUTION

Article I, Section 31 Discrimination based on race, sex, color, ethnicity

COURT DECISIONS

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

Crawford v. Board of Education (1976) 17 Cal.3d 280

Jackson v. Pasadena City School District (1963) 59 Cal.2d 876

Management Resources:

WEB SITES

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

Policy SAN BRUNO PARK SCHOOL DISTRICT

adopted: December 13, 2006 San Bruno, California