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San Mateo-Foster City SD |  BP  5118  Students

Open Enrollment Act Transfers   

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The Board of Trustees desires to offer enrollment options in order to provide children with opportunities for academic achievement that meet their diverse needs. Such options shall also be provided to children who reside within another district's boundaries in accordance with law, Board policy, and administrative regulation.

Whenever a student is attending a district school on the Open Enrollment List as identified by the Superintendent of Public Instruction, he/she may transfer to another school within or outside of the district, as long as the school to which he/she is transferring has a higher Academic Performance Index. (Education Code 48354, 48356)

(cf. 5116.1 - Intradistrict Open Enrollment)

(cf. 5117 - Interdistrict Attendance)

Application Procedures

Parents or guardians of a student attending a school identified on the Open Enrollment List in another school district may submit an application for the student to attend a school in the San Mateo-Foster City School District no later than January 1 for the following school year.

An application may request enrollment in a specific school in the district.

An application will be denied without prejudice as premature if it is submitted before the State Superintendent of Schools issues the list of "Low-achieving schools" for the appropriate school year.

The district Superintendent shall not approve the application of a student requesting an Open Enrollment Act transfer if the transfer would require the displacement of a resident student in the desired school or program.

Providing Priority Enrollment to Resident Students

In order to meet the district's constitutional duty to educate students residing within the school district boundaries, the district Superintendent shall enroll resident students prior to approving any Open Enrollment Act transfer applications.

The district Superintendent shall establish a date by which resident students may enroll to be provided preference for magnet programs and school of attendance areas.

In order to ensure that priorities for enrollment in district schools are implemented in accordance with law, the Board hereby waives the January 1 deadline in Education Code 48354 for all applications for transfer from nonresident parents/guardians of children attending a school on the Open Enrollment List in another district. Transfer applications shall be submitted between March 1st to May 1st of the preceding school year for which the transfer is requested.

(cf. 5111.1 - District Residency)

(cf. 5111.12 - Residency Based on Parent/Guardian Employment)

The Board may deny a transfer out of or into the district upon a determination by the Board that the transfer would negatively impact a court-ordered or voluntary desegregation plan in accordance with Education Code 48355.

Standards for Rejection of Transfer Applications

Pursuant to Education Code 48356, the Board has adopted the following standards for acceptance and rejection of transfer applications submitted by a parent/guardian of a student attending a school in another district on the Open Enrollment List. The Superintendent or designee shall apply these standards in accordance with Board policy and administrative regulation and shall ensure that the standards are applied uniformly and consistently.

As applicable, the Superintendent or designees may deny a transfer application under any of the following circumstances:

1. Upon a determination that approval of the transfer application would negatively impact the capacity of a program, class, grade level, or school building, including:

a. The class or grade level exceeding the district's limits pursuant to the state Class Size Reduction Program

b. The site, classroom, or program exceeding the maximum student-teacher ratio specified in the district's collective bargaining agreement

c. The site or classroom exceeding the physical capacity of the facility pursuant to the district's facilities master plan or other facility planning document

d. The class or grade level exceeding capacity pursuant items #a-#c above in subsequent years as the student advances to other grade levels at the school

(cf. 6151 - Class Size)

(cf. 7110 - Facilities Master Plan)

2. Upon a determination that approval of the transfer application would have an adverse financial impact on the district, including:

a. The hiring of additional certificated or classified staff

b. The operation of additional classrooms or instructional facilities

c. Expenses incurred by the district that would not be covered by the apportionment of funds received from the state resulting in a reduction of the resources available to resident students

Providing Priority Enrollment to Resident Students

In order to meet the district's constitutional duty to educate students residing within the school district boundaries, the district Superintendent shall enroll resident students prior to approving any Open Enrollment Act transfer applications.

The district Superintendent shall establish a date by which resident students may enroll to be provided preference for magnet programs and school of attendance areas.

Priority for Consideration

If the number of qualified Open Enrollment Act transfer applications for any school year exceeds the spaces available in a requested district school or program, applications shall be selected through a random, unbiased process (lottery) with priority for concurrently enrolled siblings.

Accepted Applications

In order to provide stability for others in the enrollment process, parent/guardians must respond to an offer and register their students within the time period stated in the application letter of acceptance.

Once enrolled, the student is approved until the student completes the highest grade level at the school on the condition that students who reside in the district are not displaced.

All interdistrict transfers must be renewed annually.

The district may for good reason revoke an Open Enrollment Act interdistrict transfer at any time. Reasons may include, but not be limited to, lack of space, irregular student attendance, unsatisfactory academic progress, failure to adhere to the district/school discipline policy, discovery that the application had been falsified, or special education needs/costs exceeding income pursuant to interdistrict attendance agreements.

A student approved for an Open Enrollment Act transfer is deemed to have fulfilled the requirements for enrollment under Education Code 48204.

The District does not provide transportation for students accepted under the Open Enrollment Act.

Appeal Process for Denials of Transfer Applications

A parent/guardian may appeal the district's denial of a transfer application to the Board by filing a written request of appeal with the Superintendent or designee within 10 days of the receipt of the written notification of denial. In addition, a parent/guardian who believes he/she has been subject to discrimination may file an appeal using the district's Uniform Complaint Procedures.

(cf. 1312.3 - Uniform Complaint Procedures)

The Board shall schedule an appeal hearing as soon as practicable at a regular or special meeting of the Board. At the hearing, the parent/guardian shall have the right to present oral or written evidence, rebut district evidence, and question any district witnesses. Unless the parent/guardian requests that the hearing be held in open session, the hearing shall be held in closed session in order to protect the privacy of students in accordance with law.

(cf. 9321 - Closed Session Purposes and Agendas)

The Board shall make its decision by the next regularly scheduled meeting and shall send its decision to all concerned parties. The Board's decision shall be final.

Legal Reference:

EDUCATION CODE

200 Prohibition of discrimination

35160.5 District policies, rules, and regulations

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

48915 Expulsion; particular circumstances

48915.1 Expelled individuals: enrollment in another district

52317 Regional Occupational Center/Program, enrollment of students, interdistrict attendance

FAMILY CODE

6500-6552 Caregivers

UNITED STATES CODE, TITLE 20

6316 Transfers from program improvement schools

CODE OF REGULATIONS, TITLE 5

4700-4703 Open Enrollment Act

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

ATTORNEY GENERAL OPINIONS

87 Ops.Cal.Atty.Gen. 132 (2004)

84 Ops.Cal.Atty.Gen. 198 (2001)

COURT DECISIONS

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

Management Resources:

WEB SITES

CSBA: http://www.csba.org

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

Policy SAN MATEO-FOSTER CITY SCHOOL DISTRICT

adopted: June 5, 2014 Foster City, California