Sweetwater Un HSD | BP 5116.1 Students
Intradistrict Open Enrollment
Reasons for Attendance Outside a Student's Attendance Area
The director of student support services or designee can approve transfers for students who reside within district boundaries. Approved interdistrict transfers may affect athletic eligibility for grades 9-12.
1. If a district school receiving Title I funds is identified for program improvement, corrective action or restructuring, all students enrolled in that school shall be provided an option to transfer to another district school or charter school.
2. Beginning in the 2003-2004 school year, if while on school grounds a student becomes a victim of a violent criminal offense, as defined by the State Board of Education, or attends a school designated by the California Department of Education as persistently dangerous, he/she shall be provided an option to transfer to another district school or charter school.
3. The Superintendent or designee may approve a student's transfer to a district school that is at capacity and otherwise closed to transfer upon finding that special circumstances exist that might be harmful or dangerous to the student in the current attendance area, including, but not limited to, threats of bodily harm or threats to the emotional stability of the student.
To grant priority under these circumstances, the Superintendent or designee must have received either:
a. A written statement from a representative of an appropriate state or local agency, including but not limited to, a law enforcement official or social worker, or a properly licensed or registered professional, including, but not limited to, a psychiatrist, psychologist or marriage and family therapist.
b. A court order, including a temporary restraining order and injunction.
c. A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
4. Priority may be given to siblings of students already in attendance in that school.
5. Priority shall be given to students whose parent/guardian/ caregiver is assigned to that school as his/her primary place of employment.
6. Parents/guardians requesting bilingual education for their child must be allowed to transfer to a school in which such a class is offered.
CHOICE Lottery Transfers (Student Support Services)
The Superintendent or designee shall determine the capacity of each district school and establish a random, unbiased selection process to determine who shall be admitted whenever a school receives admission requests.
1. A selection of applications will be established by a random, unbiased lottery process.
2. Enrollment decisions shall not be based on a student's academic or athletic performance.
3. No student currently residing within a school's attendance area shall be displaced by another student transferring from outside the attendance area.
4. CHOICE approved transfers may affect athletic eligibility for grades 9-12.
Except as required by 20 USC 6316, for transfers out of Title I program improvement schools, 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.
Racial and Ethnic Balance
The Board retains the authority to maintain appropriate racial and ethnic balances among district schools. Transfers approved for ethnic balance among schools may affect athletic eligibility for grades 9-12.
Superintendent to Develop Regulations
The Superintendent shall formulate such regulations as necessary to implement this policy.
35160.5 District policies; rules and regulations
35351 Assignment of students to particular schools
48980 Notice at beginning of term
UNITED STATES CODE, TITLE 20
6316 Transfers from program improvement schools
7912 Transfers from persistently dangerous schools
CODE OF REGULATIONS, TITLE 5
11992-11994 Definition of 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 GUIDANCE
Public School Choice, December 4, 2002
Unsafe School Choice Option, July 23, 2002
U.S. Department of Education: http://www.ed.gov
Policy SWEETWATER UNION HIGH SCHOOL DISTRICT
adopted: November 17, 2008 Chula Vista, California