Open Enrollment Act Transfers
Students generally attend school in the school district where they reside. The Open Enrollment Act (“Romero Bill”)
allows students in a California State identified “Low-achieving school” in one school district to apply for a transfer into
another school district. A “Low-achieving school” is a “Decile 1” school on the Academic Performance Index (API) and
placed on a list issued by the California Superintendent of Public Instruction using certain criteria. Only students
entering grades one through eight from a designated “Low-achieving school” are eligible for attendance under the Open
Enrollment Act.
Attendance in the District under the Open Enrollment Act
Application Procedures
Parents or guardians of a student attending a designated “Low-achieving school” in another school district may
submit an application for the student to attend a school in the Brisbane 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.
Decision on Applications
Parents and guardians may submit applications on an ongoing basis after the State Superintendent’s list of Lowachieving schools is published. Pursuant to Cal. Educ. Code § 48355(b)(6), in order to provide enrollment
opportunities for pupils residing in the District, applications under the Open Enrollment Act will be deemed
“received” pursuant to Cal. Educ. Code § 48357 on March 1 of each year.
All Open Enrollment Act applications submitted by January 1 will be reviewed following the District’s new student
registration, intradistrict and continuing interdistrict assignment process.
All applications for the upcoming school year submitted after January 1 will be automatically denied without
prejudice unless the parent or guardian with whom the student resides is enlisted in the military and has been
relocated within 90 days of submitting the application.
The District will notify Open Enrollment Act transfer applicants and the applicant’s district of residence in writing as
to whether the application has been approved or denied by May 1 of the school year preceding the school year for
which the student has requested a transfer.
Standards for Rejection or Acceptance of Applications
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.
The District Superintendent shall consider the following standards in determining whether to accept or reject an
application:
1. Capacity of program, class, grade level, or school building
2. Adverse financial impact
The Superintendent or designee shall annually determine the capacity of all programs, classes, grade levels and
school buildings to establish space availability for purposes of open enrollment transfer requests. Open Enrollment
transfer requests shall be rejected if the requested program, class and/or grade level is full based on the
Superintendent or designee’s annual determination of capacity.
The Superintendent shall apply the District's usual requirements for admission to a program designed to serve gifted
and talented students and all other specialized programs that reside within the District.
The District Superintendent shall not consider a student’s previous academic achievement, physical condition,
proficiency in the English language, family income, or any individual characteristic protected under Education Code
section 200 (race, ethnicity, gender, disability, sexual orientation, religion, etc.) as a condition of acceptance.
The District Superintendent shall reject an application if the student’s school district of residence has prohibited the
transfer under the Open Enrollment Act.
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 accepting 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 enrollment 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. The application of a student for transfer under this policy will be rejected if
the transfer would require the displacement from the desired school of any other student who resides in the attendance
area of the school or is currently enrolled in that school.
Accepted Applications
In order to provide stability for others in the enrollment process, parents 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.
The District may for good reason revoke an Open Enrollment Act interdistrict transfer at any time. Reasons may
include, but are not 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 transfer is deemed to have fulfilled the requirements for enrollment under Education Code
section 48204.
The District does not provide transportation for students accepted under the Open Enrollment Act.
Rejected Applications
If an application is rejected, the notice will state the reasons for rejection. The District's decision is final and may not be
overturned absent a finding by a court of competent jurisdiction that the District Governing Board acted in an arbitrary
and capricious manner. There is no appeal to the County Board of Education.
Communications
Communications to parents or guardians regarding Open Enrollment options will be factually accurate and not target
individual parents or guardians or residential neighborhoods on the basis of a student's actual or perceived academic or
athletic performance or any other personal characteristic.
Prohibiting or Limiting the Number of Transfers into the District
The District may prohibit or limit the number of students who transfer into the District under the Open Enrollment Act if
the Governing Board determines that the transfer would negatively impact either of the following:
1.
A court-ordered or voluntary desegregation plan of the District.
2.
The racial and ethnic balance of the District consistent with federal and state law.
Reports and Records
The Superintendent shall maintain any records and provide reports as required by law.
Administrative Regulations
The Superintendent may authorize development of administrative regulations consistent with this policy and applicable
law.
Transfers Out of the District under the Open Enrollment Act
Notice of Eligibility to Transfer
After the District receives notice of schools on the list, the Superintendent shall provide written notice to parents or
guardians of students enrolled in a designated "Low-achieving school" that the student has the option to transfer to
another public school within the district or another school district. The District shall provide notification of the
procedures for those requests.
Prohibiting or Limiting the Number of Transfers out of the District
In the event that a school within the District is designated as a "Low-achieving school” on the State Superintendent’s list,
the District may prohibit or limit the number of students who transfer out of the District under the Open Enrollment Act
if the Governing Board determines that the transfer would negatively impact a voluntary desegregation plan of the
District or the racial and ethnic balance of the district.
Adopted: 21 August 2013