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Sweetwater Un HSD |  BP  5116.1  Students

Intradistrict Open Enrollment   

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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.

Transportation

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.

Legal Reference:

EDUCATION CODE

35160.5 District policies; rules and regulations

35291 Rules

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

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:

U.S. DEPARTMENT OF EDUCATION GUIDANCE

Public School Choice, December 4, 2002

Unsafe School Choice Option, July 23, 2002

WEB SITES

CSBA: http://www.csba.org

CDE: http://www.cde.ca.gov

U.S. Department of Education: http://www.ed.gov

Policy SWEETWATER UNION HIGH SCHOOL DISTRICT

adopted: November 17, 2008 Chula Vista, California