Students BP 5118(a) ATTENDANCE UNDER THE OPEN ENROLLMENT ACT Students generally attend school in the school district where their parents or guardians reside. The Open Enrollment Act allows students in a “Low-achieving school” in one school district to apply to transfer to another school district. A “Low-achieving school” eligible for open enrollment is a school placed on a list issued by the California Superintendent of Public Instruction. Only students from a designated “Low-achieving school” are eligible to transfer under the Open Enrollment Act. Application Procedures A parent or guardian of a student in a designated “Low-achieving school” in another school district may submit an application for the student to attend a school in the District no later than January 1 for the next school year. The District may waive this deadline upon a showing of good cause. The deadline does not apply if a parent or guardian, with whom the student resides, is enlisted in the military and has been relocated within 90 days of submitting the application. An application may request enrollment in a specific school or program 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 The District will notify the parent or guardian and the school district of residence in writing that the application has been accepted or rejected within 60 days of January 1, the submission date. This time line will provide the District with the necessary opportunity to determine if space is available at its schools or programs by projecting the enrollment of resident students and those transferring into the District as part of the Tinsley Desegration Program. Standards for Rejection or Acceptance of Applications The Governing Board directs the Superintendent or designee to accept applications for open enrollment unless the Superintendent or designee determines any of the following: (1) After an analysis of the current and projected enrollment at the schools and in programs, the Superintendent determines that there will not be long-term capacity for additional students within programs, classes, grade levels or schools. (2) After an analysis of projected enrollment and the availability of facilities, the Superintendent determines that additional enrollment will exceed the Master Plan for Facilities. (3) After an analysis of the request, it appears that the application will have an adverse financial effect on the District. Students BP 5118(b) ATTENDANCE UNDER THE OPEN ENROLLMENT ACT (continued) The Governing Board may 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.) The District cannot accept an application if the student’s school district of residence has prohibited the transfer as allowed under the Open Enrollment Act. Providing Priority Enrollment Opportunities to Resident Students In order to provide priority enrollment opportunities for students residing in the school district, the District Superintendent shall establish a time period for resident student enrollment prior to accepting transfer applications under this policy. Priority for Consideration Students accepted for transfer under the Open Enrollment Act will be enrolled in a school with a higher API than the school in which the student was previously enrolled and selected through a random, unbiased process without consideration of individual academic or athletic performance or any characteristic protected under Education Code section 200, except that students applying for a transfer under this policy shall be assigned priority for approval as follows: (1) First Priority for siblings of children already attending a requested school. (2) Second Priority for students transferring from a program improvement school designated by the State Superintendent of Schools. If the number of students who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order stated above to select students at random until all available spaces are filled. The initial application of a student for transfer under this policy will not be approved 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 If an application is accepted, the student may enroll in the school or program approved by the District for the school year immediately following the approval of the application. Once enrolled, the student is not required to submit an application to remain enrolled. A student approved for transfer is deemed to have fulfilled the requirements for enrollment under Education Code section 48204. Students BP 5118(c) ATTENDANCE UNDER THE OPEN ENROLLMENT ACT (continued) The District will accept classes, credits or any other identified criteria toward graduation that were awarded by another school district and will graduate the student if the student meets the graduation requirements of this District. The District does not provide transportation for students accepted under the Open Enrollment Act unless it is required under other laws or programs. 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 acting 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. 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. The District Superintendent will maintain any records and provide reports as required by law. The District Superintendent is authorized to adopt administrative regulations consistent with this policy and applicable law. Notice of Eligibility to Transfer On or before the first day of school each year, or if later, on the date the District receives notice of program improvement, corrective action or restructuring status under federal law, the District 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. Students BP 5118(d) ATTENDANCE UNDER THE OPEN ENROLLMENT ACT (continued) 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,” 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 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. Legal Reference: EDUCATION CODE 200: Educational Equity 48204: Residency Requirements for School Attendance Board Policy Revised/Adopted: January 14, 2015 Previous Adoptions: June 8, 2010 Menlo Park City School District Atherton, CA
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