• BP 5116.1 Intradistrict Open Enrollment

    Adopted 2/13/19
     
     
     
     
     
     
     
     
    Forms must be returned to the Student Services department no later than Friday, February 21, 2020, for the 2020-21 school year. Please call 858-794-7187 with questions regarding Intradistrict Open Enrollment.
     
    The Governing Board desires to provide enrollment options that meet the diverse needs and interests of district students and parents/guardians, while also maximizing 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 their residence within the district. (Education Code 35160.5)

     

    (cf. 5111.1 - District Residency)

     

    The Board shall annually review this policy. (Education Code 35160.5, 48980)

     

    Enrollment Priorities

     

    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)

     

     (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 as follows:

     

    1. Any student enrolled in a district school designated by the California Department of Education as "persistently dangerous" (20 USC 7912; 5 CCR 11992)

     

    (cf. 0450 - Comprehensive Safety Plan)

     

    1. Any student who is a victim of a violent crime while on school grounds (20 USC 7912)

     

    1. Upon a finding that 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)

     

    1. A written statement from a representative of an appropriate state or local agency, including, but not necessarily limited to, a law enforcement official, social worker, or a properly licensed or registered professional such as a psychiatrist, psychologist, or marriage and family therapist

     

    1. A court order, including a temporary restraining order and injunction

     

    1. Any sibling of a student already in attendance in that school (Education Code 35160)

     

    1. Any student whose parent/guardian is a SBSD employee and is assigned to that school as his/her primary place of employment who works (Education Code 35160):
    1. A 50% or more contract (certificated)
    2. Four (4) hours or more per day (classified)
    1. Any student residing in Community Facilities Districts (CFDs) 1999-1 and 2004-1 to attend Solana Ranch School.

     

    1. Any student whose parent/guardian is a SBSD employee who works:
    1. A 50% or more contract (certificated)
    2. Four (4) hours or more per day (classified)

    Application and Selection Process

     

    School capacities and class size mandates/guidelines are established to optimize the use of existing facilities and to maintain relatively balanced enrollments.

     

    All District schools offer high quality instructional programs addressing the District’s mission, goals, and adopted curricula. However, parents/guardians may wish to apply to other District schools in order to take advantage of specialized or innovative programs, or to meet other family needs.

     

    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 the first full three weeks in February,  preceding the school year for which the transfer is requested. If a student’s address changes within the SBSD boundaries at any time, an intradistrict open enrollment request may be submitted for consideration to continue attending the current school.

     

    Students may request placement at another Solana Beach School District school outside of the approved intradistrict open enrollment timeline for extraordinary circumstances. If approved, an intradistrict open enrollment request must be submitted for the student to remain at the school of transfer during the next intradistrict open enrollment application submission timeline.

     

    The Superintendent or designee shall calculate each school's capacity in a nonarbitrary manner using student enrollment and available space. (Education Code 35160.5)

     

    Except for priorities listed above, 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)

     

    Revocation of Transfer

     

    The Superintendent or designee may revoke an intradistrict open enrollment agreement and return the student to the school of residence based on behavior, absenteeism, tardiness, early drop-offs, early or late pick-ups, poor academic performance, and/or if the status of employment changes under priority numbers 5 and 7.

     

     

    Legal Reference:

    EDUCATION CODE

    200Prohibition against discrimination<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    35160.5District policies; rules and regulations<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    35291Rules<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    35351Assignment of students to particular schools<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    46600-46611 Interdistrict attendance agreements

    48200 Compulsory attendance

    48204 Residency requirements for school attendance

    48300-48316 Student attendance alternatives, school district of choice program

    48350-48361Open Enrollment Act<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    48980Notice at beginning of term<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    CODE OF REGULATIONS, TITLE 5

    11992-11994Definition of persistently dangerous schools<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    UNITED STATES CODE, TITLE 20

    6311State plans<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    7912Transfers from persistently dangerous schools<spanstyle='mso-spacerun:yes' style="box-sizing: inherit; font-family: Verdana, Helvetica, Arial, sans-serif;">

    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:

    CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

    Public School Choice FAQs

    Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016

    U.S.DEPARTMENT OF EDUCATION PUBLICATIONS

    Transitioning to the Every Student Succeeds Act (ESSA): Frequently Asked Questions, rev. May4, 2016

    Unsafe School Choice Option, May 2004

    WEB SITES

    CSBA:http://www.csba.org

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

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