SCHOOLS LEGAL SERVICE
WILLIAM M. HABERMEHL
County Superintendent of Schools _______________________________________________________________________________________________________________________________________________________________________________________
RONALD D. WENKART
General Counsel
200 Kalmus Drive • P.O. Box 9050
Costa Mesa, CA 92628-9050
CLAIRE Y. MOREY
LYSA M. SALTZMAN
KAREN T. MEYERS
Counsel
(714) 966-4220
(714) 434-4945 FAX
OPEN ENROLLMENT ACT
QUESTIONS AND ANSWERS
NORMA GARCIA
Paralegal
FEBRUARY, 2011
I.
PURPOSE OF THE OPEN ENROLLMENT ACT
1.
What is the Open Enrollment Act?
On January 7, 2010, Governor Schwarzenegger signed SB4 5x (Romero) (the Open
Enrollment Act).1 This legislation takes effect 90 days from the end of the Legislature’s fifth special
session or April 12, 2010. This legislation will apply, in most cases, to “low achieving schools”
identified by the State Superintendent of Public Instruction.
2.
Does the Open Enrollment Act affect all school districts or just school districts
with schools on the Open Enrollment Act list?
The Open Enrollment Act will potentially affect all school districts in the state, not just
school districts with schools on the Open Enrollment Act list. Districts with schools on the Open
Enrollment Act list will need to comply with the parent notification requirements and may have
students who apply for a transfer to another higher performing school within the school district or
another school district. Districts without schools on the list will need to be prepared to properly
respond to applications from students requesting transfers from schools on the Open Enrollment Act
list.
3.
What is the purpose of the Open Enrollment Act?
The legislation adds Article 10, commencing with Education Code section 48350, and is
entitled the Open Enrollment Act. Section 48351 states that the purpose of the legislation is to
improve pupil achievement, in accordance with the regulations and guidelines for the federal Race to
the Top Fund authorized under the federal American Recovery and Reinvestment Act of 20092 and
to enhance parental choice in education by providing additional options to pupils enrolled in low
achieving public schools throughout the State without regard to the residence of their parents.
1
2
Stats. 2010, Ch. 3.
Public Law 111-5.
II.
DEFINITION UNDER THE OPEN ENROLLMENT ACT
4.
How are “low achieving schools” and “school district of enrollment” defined in
the Open Enrollment Act?
Section 48352 defines a “low achieving school” as any school identified by the State
Superintendent of Public Instruction under the following criteria:
5.
a.
Excluding court, community, community day schools, and
schools that are not schools of a district of residence (e.g.
county special education schools or programs) the
Superintendent of Public Instruction shall annually create a
list of 1,000 schools ranked by increasing API with the same
ratio of elementary, middle and high schools as existed in
decile 1 in the 2008-2009 school year.
b.
In constructing the list of 1,000 schools each year, the
Superintendent shall ensure that no local educational agency
shall have more than ten percent of the schools on the list, and
court, community, or community day schools and charter
schools shall not be included on the list.3
c.
The list shall create a pool of schools by selecting all schools
from the most current year’s growth API file.4
How are “school district of enrollment” and “school district of residence”
defined in the Open Enrollment Act?
“School district of enrollment” is defined as the school district other than the school district
in which the parent of the pupil resides, but which the parent of the pupil intends to enroll the pupil.5
“School district of residence” is defined as the school district in which the parent of the pupil
resides.6
III.
REGULATIONS
6.
Is the State Board of Education going to be adopting regulations to implement
the Open Enrollment Act?
Permanent regulations have been adopted and have taken effect.7
3
5 Admin. Code section 4701(a)(2)(E).
5 Admin. Code section 4701(a)(4)(A).
5
Education Code section 48352(c).
6
Education Code section 48352(d).
7
5 Admin. Code section 4700 et seq.
4
2
IV.
TIMELINES UNDER THE OPEN ENROLLMENT ACT
7.
Are school districts required to implement the Open Enrollment Act in the
2010-2011 school year?
Implementation in the 2010-2011 school year is permissive. However, a letter to parents of
students enrolled in the schools on the list of 1,000 schools prepared by the Superintendent of Public
Instruction (based on the 2008-09 API scores) outlining their rights under the Open Enrollment Act
was required to be sent out by September 15, 2010.
Implementation in the 2011-2012 school year and following school years is mandatory. The
final regulations modify the September 15 notice to parents by replacing it with the requirement that
the notice be provided on the first day of instruction if the district has not been notified of whether its
school(s) is on the list, the notification shall be provided no later than fourteen calendar days after the
Open Enrollment Act list is posted on the California Department of Education’s web site at
http://www.cde.ca.gov/.
8.
What are the timelines under the Open Enrollment Act?
Section 48354(a) states that the parent of a pupil enrolled in a low-achieving school may
submit an application for the pupil to attend a school in a school district of enrollment. Section
48354(b)(1) states that consistent with the requirements of the No Child Left Behind Act,8 on or
before the first day of the school year, or, if later, on the date of the notice of program improvement,
corrective action or restructuring status is required to be provided under federal law, (e.g. September
15). The district of residence shall provide the parents and guardians of all pupils enrolled in a
school determined to be on the list of 1,000 schools created by the Superintendent of Public
Instruction with notice of the option to transfer to another public school served by the school district
of residence or another school district.9
An application requesting a transfer shall be submitted by the parent of the pupil to the school
district of enrollment prior to January 1 of the school year preceding the school year for which the
pupil is requesting to transfer.
9.
May a school district waive the deadline for transfer applications?
The school district of enrollment may waive the deadline. The application deadline does not
apply if the parent is enlisted in the military and was relocated by the military within 90 days prior to
submitting the application.10
8
20 U.S.C. Section 6301 et seq.
Education Code section 48354(a) and (b)(1).
10
Education Code section 48354(b).
9
3
V.
TRANSFER REQUESTS
10.
May a parent request a transfer to a specific school or program?
Yes. The application may request enrollment of the pupil in a specific school or program
within the school district of enrollment. A pupil may enroll in a school in the school district of
enrollment in the school year immediately following the approval of his or her application. In order
to provide priority enrollment opportunities for pupils residing in a school district, a school district of
enrollment shall establish a period of time for resident pupil enrollment prior to accepting transfer
applications pursuant to this legislation.11
11.
If a school district of enrollment denies a parent’s request for a particular
school, may the school district advise the parent of other schools in the school
district of enrollment that might be available?
Yes. The school district of enrollment may advise the parents of other schools in the school
district that are available and have sufficient space to grant a transfer. The parent may then apply for
a transfer to that school.
12.
May the school district of enrollment require parents requesting open
enrollment transfers to verify their residency in the school district of residence?
Yes. The school district of enrollment may require the parent to verify their residency in the
school district of residence. The school district of enrollment may require the parent to bring
verification of residence from the school district of residence and the school on the Open Enrollment
Act list.
13.
Do the provisions of the Open Enrollment Act override disciplinary actions
taken by the school district against individual students who have violated school
rules?
In our opinion, the Open Enrollment Act does not override disciplinary actions that have been
taken by the school district of residence when a student has violated school rules or the Education
Code particularly in cases of suspension or expulsion. The disciplinary actions taken by the school
district of residence would override the right of the student to transfer to another school under the
Open Enrollment Act.
14.
May the school district of enrollment incorporate their Open Enrollment Act
transfers within the timelines for their other interdistrict transfers which may
be a few weeks prior to the start of school?
Yes. The Open Enrollment Act sets a timeline of January 1 of the prior year. However, the
school district of enrollment may waive the deadline to coordinate the timelines with the timelines
for other interdistrict and intradistrict transfers. There is no restriction on setting the timeline near
the start of school. However, if a court finds that the timeline is impractical or a hardship to parents,
a court might invalidate a late timeline.12
11
12
Education Code section 48354(b).
Education Code section 48354(b).
4
15.
If additional late enrollment of students who reside in the district pushes the
school total beyond capacity, may the district decline the transfer at the last
minute?
We would recommend that districts avoid this dilemma by estimating the number of late
transfers based on past history and define “capacity” by including the number of estimated late
transfers into the school. Once a transfer is granted, the courts may not allow school districts to
revoke the approval. Another alternative would be to establish a waiting list and allow students to
transfer during the year if there is capacity in the school.
16.
Are there limits on transfers under the Open Enrollment Act? May transfers be
denied if there will be a negative impact on the ethnic balance of the district?
May district discourage students from transferring? Must communications be
factually accurate?
Education Code section 48355 states that the school district of residence or the school district
of enrollment to which a pupil has applied to attend may prohibit the transfer of the pupil or limit the
number of pupils who transfer if the governing board of the district determines that the transfer will
negatively impact a court-ordered or voluntary desegregation plan of the district or the ratio in ethnic
balance of the district, provided that any policy adopted is consistent with federal and state law.
A school district shall not adopt any other policies that in any way prevent or discourage
pupils from applying for transfer to a school district of enrollment. Communications to parents or
guardians by districts regarding the open enrollment options provided by this legislation must be
factually accurate and not target individual parents or guardians or residential neighborhoods on the
basis of a child’s actual or perceived academic or athletic performance or any other personal
characteristic.
VI.
STANDARDS FOR TRANSFER REQUESTS
17.
May a school district adopt specific written standards for applications for
transfers?
Yes. Education Code section 48356(a) states that a school district of enrollment may adopt
specific written standards for acceptance and rejection of applications pursuant to this legislation.
The standards may include consideration of the capacity of a program, class, grade level, school
building or adverse financial impact. The standards shall not include consideration of a pupil’s
previous academic achievement, physical condition, proficiency in the English language, family
income or any individual characteristics set forth in Education Code section 200.13
13
Education Code section 200 states: “It is the policy of the State of California to afford all persons in public
schools, regardless of their disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other
characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal
rights and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that
are contrary to that policy and to provide remedies therefor.”
5
18.
May a school district apply its usual requirements for admission to a magnet
school or a program for gifted and talented pupils?
Yes. Section 48356(b) states that in considering an application pursuant to this article, a
nonresident school district may apply its usual requirements for admission to a magnet school or a
program designed to serve gifted and talented pupils.
19.
May a school district establish a period of time for resident pupil enrollment
prior to accepting transfer applications under the Open Enrollment Act?
Yes. Districts may establish a period of time for resident pupil enrollment prior to accepting
applications for transfer under the Open Enrollment Act.14
20.
Once accepted into a school, is a student required to reapply each year for a
transfer to that school under the Open Enrollment Act?
No. A transfer student, once accepted by the district of enrollment, shall not be required to
submit an application in order to remain enrolled, regardless of whether the original school of
residence remains on the Open Enrollment Act list.15
21.
May a district require a transfer student to submit an application in order to
enroll at a different school in the district?
Yes. A transfer student who wishes to matriculate into a district middle or high school or
transfer to another district school may be required to reapply for admission to the new school
pursuant to district policy or regulation.16
22.
Must students applying for transfers under the Open Enrollment Act enroll in a
school with a higher API score?
Yes. Section 48356(d) states that a school district of enrollment shall ensure that pupils
enrolled pursuant to standards adopted pursuant to this section, are enrolled in a school with a higher
academic performance index (API) than the school in which the pupil was previously enrolled, and
are selected through a random, unbiased process that prohibits an evaluation of whether or not the
pupil should be enrolled based on his or her individual academic or athletic performance.
Section 48356(d) does not specifically prohibit a transfer to a school with a higher API score
that is also on the Open Enrollment Act list of 1,000 schools but such a transfer would appear to go
against the spirit and intent of the Open Enrollment Act (i.e. to allow students to transfer from the
1,000 schools on the list to schools with higher API scores that are not on the list). The final
regulations may clarify this issue. However, at this time, we would recommend not allowing such
transfers until this issue is clarified.
14
Education Code section 48354(b)(6).
Education Code section 48356(c).
16
Admin. Code section 4702(c).
15
6
23.
What priorities must be assigned to students applying for transfers under the
Open Enrollment Act?
Pupils applying for a transfer pursuant to this article shall be assigned priority for approval as
follows:
24.
a.
First priority for the siblings of children who already attend
the desired school.
b.
Second priority for pupils transferring from a program
improvement school ranked in decile 1 on the Academic
Performance Index.
c.
If the number of pupils who request a particular school
exceeds the number of spaces available at that school, a
lottery shall be conducted in group priority order to select
pupils at random until all the available spaces are filled.17
Should districts develop waiting lists for students who apply for transfers under
the Open Enrollment Act?
Districts may develop waiting lists for students who wish to transfer under the Open
Enrollment Act. When there is insufficient capacity to grant all transfer requests, districts are
required to conduct a lottery in group priority order.18
25.
May students transferring under the Open Enrollment Act displace students
who live in the school’s attendance area?
No. Section 48356(e) states that the initial application of a pupil for transfer to a school
within a district of enrollment shall not be approved if the transfer would require the displacement
from the desired school of any pupil who resides within the attendance area of that school or is
currently enrolled in that school.
26.
Do students who transfer under the Open Enrollment Act become residents of
the district of enrollment?
Yes. Section 48356(f) states that a pupil approved for a transfer to a school district of
enrollment pursuant to this article shall be deemed to have fulfilled the requirements of Section
48204 (residency requirements for school attendance in a school district).
27.
Is a transfer under the Open Enrollment Act for one year?
Once accepted into a school the student does not have to reapply for enrollment in that
school. However, the student may be required to reapply for admission to a different school in the
district.
17
18
Education Code section 48356.6 (d).
Education Code section 48356(d).
7
28.
If a student is granted a Open Enrollment Act transfer by the school district of
enrollment and subsequently moves from their residence to another school
district of residence, may the school district of enrollment terminate the
transfer?
No. Under the Open Enrollment Act, the student becomes a resident of the school district of
enrollment under Education Code section 48200 and may remain in the school district of enrollment
until they complete the highest grade offered by the school district of enrollment.
29.
May the school district of enrollment return a student to the school district of
residence for disciplinary reasons without going through the suspension and
expulsion process?
In our opinion, since the student becomes a resident of the school district of enrollment under
Education Code section 48200, the student must be treated like all other students. If the student
commits a disciplinary offense, the normal suspension and expulsion procedures must be followed.
If the student is expelled, the student can then apply to the school district of residence or any other
school district for admission, and the school district of residence or the other school district may
decide whether to admit the student under Education Code section 48915.1.
30.
What notices must be sent to parents regarding acceptance or rejection of their
transfer request?
Section 48357 states that within 60 days of receiving a transfer application pursuant to
Section 48354, a school district of enrollment shall notify the applicant parent and the school district
of residence in writing whether the application has been accepted or rejected. If an application is
rejected, the school district of enrollment shall state in the notification the reasons for the rejection.
31.
May a school district adopt an internal appeal procedure if it rejects an Open
Enrollment Act transfer request?
Yes. A school district may adopt an internal appeal procedure for the denial of Open
Enrollment Act transfer requests.
32.
May districts waive the timeline for responding to transfer applications?
The Open Enrollment Act is unclear as to whether a school district may waive the 60 day
timeline for responding to transfer applications. However, Section 48354(b) authorizes school
districts to waive the January 1 deadline to coordinate the timelines with the timelines for other
interdistrict and intradistrict transfers. Therefore, in our opinion, the Open Enrollment Act implies
that the timeline for responding to transfer applications would also be waived or delayed.
8
VII.
TRANSFER OF CREDITS
33.
Must the school district of enrollment accept credits toward graduation that
were awarded to the pupil by another school district?
Yes. Section 48358 states that a school district of enrollment that enrolls a pupil pursuant to
this article shall accept credits toward graduation that were awarded to the pupil by another school
district and shall graduate the pupil if the pupil meets the graduation requirements of the school
district of enrollment.
VIII. ACCOUNTING REQUIREMENTS
34.
What are the accounting requirements under the Open Enrollment Act?
Section 48359 states that each school district is encouraged to keep an accounting of all
requests made for alternative attendance pursuant to this article, and records of all dispositions of
those requests may include, but are not limited to, all of the following:
a.
The number of requests granted, denied or withdrawn. In the
case of denied requests, the records may indicate the reasons
for the denials.
b.
The number of pupils who transfer out of the district.
c.
The number of pupils who transferred into the district.
d.
The race, ethnicity, gender, self-reported socioeconomic
status, and the school district of residence of each of the
pupils who have transferred in or out of the district.
e.
The number of pupils who have transferred in or out of the
district who are classified as English learners or identified as
individuals with exceptional needs (special education).
The information may be reported to the governing board of the school district at a regularly
scheduled meeting of the board.
IX.
BASIC AID DISTRICTS
35.
Does the Open Enrollment Act apply to basic aid districts?
Yes. Section 48359.5 states that for a school district of enrollment that is a basic aid district,
the apportionment of state funds for any average daily attendance credited shall be 70% of the district
revenue limit that would have been apportioned to the school district of residence. Apportionment of
these funds shall begin in the second consecutive year of enrollment, and continue annually until the
pupil graduates from, or is no longer enrolled in, the school district of enrollment. A basic aid
district is defined as a school district that does not receive an apportionment of state funds pursuant
to Education Code section 42238(h) for any fiscal year.
9
36.
Does a basic aid district have to accept transfers even if they have had a policy
of not accepting interdistrict transfers?
Yes. Under Education Code section 48359.5, a basic aid district would have to accept
students who wish to transfer into the district.
X.
INDEPENDENT EVALUATION OF THE OPEN ENROLLMENT ACT
37.
Is the Superintendent of Public Instruction required to do an independent
evaluation of the Open Enrollment program?
Education Code section 48360 states that the Superintendent of Public Instruction shall
contract for an independent evaluation of the open enrollment program using federal funds. The
evaluation shall, at a minimum, consider all of the following:
a.
The levels of, and changes in, academic achievement of
pupils in school districts of residence and school districts of
enrollment for pupils who do and do not elect to enroll in a
school district of enrollment.
b.
Fiscal and programmatic effects on school districts of
residence and school districts of enrollment.
c.
Numbers and demographic and socioeconomic characteristics
of pupils who do and do not elect to enroll in a school district
of enrollment.
The Superintendent of Public Instruction shall provide a final evaluation report to the
Legislature, Governor and the State Board of Education on or before October 1, 2014.
XI.
TRANSPORTATION
38.
Are there any transportation requirements under the Open Enrollment Act?
No. The Open Enrollment Act does not require school districts to transport students. The
parents are responsible for transporting their children to school.
XII.
SPECIAL EDUCATION STUDENTS
39.
May special education students apply for transfers under the Open Enrollment
Act?
Yes. Special Education students and disabled students under Section 504 have the same
opportunity to apply for transfers under the Open Enrollment Act as nondisabled students. Special
Education students and disabled students may not be discriminated against in the admission process.
Placements must appropriately meet the pupil’s needs under their IEP or Section 504 plan. Program
standards may be applied equally to special education students as to general education students.
10
40.
If special education programs are beyond capacity, do school districts have to
accept transfer students?
No. The school district may refuse to accept students when their special education programs
are beyond capacity. Districts should develop specific standards for determining when their special
education programs are beyond capacity so that districts can explain any refusals to accept transfer
students.
41.
Does the Open Enrollment Act require school districts to provide transportation
to students who transfer from one school district to another or one school to
another within a school district?
No. The Open Enrollment Act does not require school districts to provide transportation to
special education students who apply for a transfer under the Open Enrollment Act. In our opinion,
special education students would not be entitled to transportation if they exercise their right to
transfer under the Open Enrollment Act, even if the child’s IEP provides transportation. Since the
school district of residence has provided the child with a free appropriate public education under
federal law pursuant to the child’s IEP, the parent’s preference to transfer to another school under the
Open Enrollment Act would not obligate the school district of residence or the school district of
enrollment to provide transportation.19
42.
May school districts of enrollment require parents to disclose whether the
student is a special education student with an IEP?
Yes. The school district may require parents to disclose whether their child is a special
education student and require the parents to provide a copy of the child’s IEP. In order to determine
whether the school district has the capacity to grant the parent’s request for a transfer, the parents
must provide the school district with information as to the appropriate special education program for
the child, including a copy of the child’s IEP.
43.
May a school district deny a special education student’s request for a transfer
under the Open Enrollment Act if the school district’s special education
program that meets the child’s unique needs is full or at capacity?
Yes. The school district may deny a special education student’s request for a transfer if the
school district’s special education program that meets the child’s individual needs is full or at
capacity.
19
Requiring transportation under the Open Enrollment Act would most likely be an unfunded state mandate. If the
Legislature intended to require transportation under the Open Enrollment Act, it could have done so and also
provided state funding.
11
44.
May the school district of enrollment bill the school district of residence for
excess special education costs for a special education student (e.g., assessment
costs, etc.)?
The Open Enrollment Act does not address the issue of billing back the district of residence.
However, a pupil approved for a transfer to a district of enrollment is deemed to have fulfilled the
residency requirements of Education Code section 48204. Therefore, we do not believe that the
district of enrollment may bill the district of residence for the excess costs of special education
services.
45.
If a transfer is granted to a special education student under the Open
Enrollment Act is the district required to convene an IEP meeting? Should the
school district of enrollment prepare an IEP amendment for the parent to sign?
If the child is receiving the same services and has the same goals and objectives, we would
recommend that an IEP amendment by the school of enrollment be prepared for the parent’s
signature. The school district of enrollment should advise the parent that they may request an IEP
meeting. The district of enrollment should review the child’s IEP, even if the child is receiving the
same services and has the same goals and objectives in the first 30 days to see if the IEP is being
implemented or if due to the change of location adjustments in the IEP need to be made. The district
should also review the transition plan to see if it is appropriate for the new location.
XIII. INTRADISTRICT TRANSFERS
46.
Does the Open Enrollment Act apply to intradistrict transfers as well as
interdistrict transfers?
The Open Enrollment Act is unclear as to whether it applies to intradistrict transfers. On the
one hand, Section 48351 seems to indicate that students may transfer to any school in the state with a
higher API score which would include intradistrict transfers. On the other hand, Section 48354(a)
grants parents the right to transfer to a school in a school district of enrollment (defined as a school
district other than the school district of residence) which would exclude intradistrict transfers.
However, Section 48354(b) states that the school district of residence with a school on the open
enrollment list shall provide parents with notice of the option to transfer to another public school
served by the school district of residence or another school district. Therefore, in our opinion, most
likely the Open Enrollment Act applies to intradistrict transfers as well as interdistrict transfers.
47.
If the Open Enrollment Act applies to intradistrict transfers, how does the
district coordinate the process with Education Code section 35160.5? Does it
consolidate the two processes or operate two separate processes?
The district may consolidate the two processes or operate the two separate processes and
conclude the intradistrict process first and then the interdistrict process.
12
48.
What should school districts do to prepare for the implementation of the Open
Enrollment Act in the 2011-2012 school year?
Our office would recommend that school districts begin collecting data in preparation for the
implementation of the Open Enrollment Act at the start of the 2011-2012 school year. Districts
should collect data regarding enrollment, projected enrollment, program capacity, building capacity,
teacher-student ratios, cost per student, class size reduction efforts and other information that may be
used to establish standards for acceptance or rejection of transfer applications under the Open
Enrollment Act. Districts should adopt board policies and administrative regulations. CSBA has
drafted a model policy and regulation. Districts may also collect data on late resident enrollees,
students expected to matriculate from or to feeder districts, intradistrict transfers and interdistrict
transfers.
XIV. CONTINUATION SCHOOLS
49.
Does the Open Enrollment Act apply to continuation schools?
The Open Enrollment Act excludes court, community or community day schools but not
continuation schools.20 Students in continuation schools are often placed there on a suspended
expulsion. In our opinion, students on a suspended expulsion would not have the right to request a
transfer under the Open Enrollment Act.
It is unclear whether students who are behind on credits would have the right to apply for a
transfer to a district of enrollment because there may not be an appropriate placement for students
who do not have a sufficient number of credits.
XV.
MISCELLANEOUS QUESTIONS
50.
What if the school in the school district of residence is not on the
underperforming list the next year, does that affect the transfer?
No. Transfers that have been granted would not be affected. With respect to new transfers,
since the school is no longer on the Open Enrollment Act list, students would no longer have the
right to transfer. 21
51.
Can the school district, after granting a transfer request, move the student to a
different school in the district if the school becomes overcrowded the next year?
Districts should try to avoid this situation by estimating the number of students who may
move into the attendance area of the school. However, if the school unexpectedly becomes
overcrowded, districts may be able to reassign transfer students to another school since under Section
20
Education Code section 48352(a)(2)(B). A strong argument can be made that continuation schools should have
been excluded from the list as well. Many of the students in continuation schools are on suspended, expulsions or
are deficient in credits to graduate. Many of the students are in continuation schools because they were not
successful in a comprehensive high school and used to be in a continuation high school and used to be in a
continuation school to make up credits and transition back to a comprehensive high school.
21
5 Admin. Code section 4702(b).
13
48356(e), transfer students should not displace resident students. Unfortunately, the Open
Enrollment Act is unclear as to whether that would affect the transfer.
52.
Do school districts have to accept students from other counties?
Yes. The Open Enrollment Act applies to the entire state and does not limit interdistrict
transfers to the same county.
53.
If a parent disagrees with the school district of enrollment’s denial of their
request, can the parents appeal to the county board of education or file a
uniform complaint under the uniform complaint procedures?
No. The Open Enrollment Act does not authorize an appeal to the county board of education.
If the parent feels that they have been discriminated against, the parent may file a uniform complaint
under the Uniform Complaint Procedures.
54.
May a court of law overturn the school district of enrollment’s decision to deny
a transfer?
A court of competent jurisdiction may not overturn the school district of enrollment’s
decision to deny a transfer request unless the court finds that the school district governing board
acted in an arbitrary and capricious manner.22
55.
Do students have the right to return to their district of residence after
transferring under the Open Enrollment Act?
Yes. Students may return to their district of residence after transferring under the Open
Enrollment Act if they wish.
56.
If the student goes back to their district of residence after transferring under the
Open Enrollment Act, the following year, do they need to apply for a transfer
under the Open Enrollment Act again?
Yes. The student would be required to begin the process again and apply for a transfer under
the Open Enrollment Act.
57.
What are the differences between the Open Enrollment Act and the program
improvement requirements under the No Child Left Behind Act (NCLB)?
The NCLB23 requires that transportation be provided for transferring students, the Open
Enrollment Act does not. The NCLB focuses mainly on intradistrict transfers (although cooperative
agreements with other districts are permissive), the Open Enrollment Act is focused mainly on
interdistrict transfer but also includes intradistrict transfers. The NCLB allows parents to list their
transfer preferences in schools they are interested in but allows the school district to assign the
schools, the Open Enrollment Act allows parents to request a specific school or program but the
school district of enrollment still has the authority to offer other schools or programs.
22
23
Education Code section 48361.
20 U.S.C. Section 6316; 34 C.F.R. Section 200.44.
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58.
If students transfer under the Open Enrollment Act would the student lose a
year of eligibility to play sports under California Interscholastic Federation
(CIF) rules?
CIF is considering a change to its Bylaws to allow transfers from an underperforming school
provided the transfer is not athletically motivated or in violation of pre-enrollment contact rules.
Districts and parents should check the CIF website www.cifstate or for the latest information.
59.
How do you recommend that school districts coordinate the timelines for the
Open Enrollment Act, interdistrict transfers, Allen Bill transfers, and
intradistrict transfers?
We would recommend that a committee of district representatives be formed to discuss the
various options under the Open Enrollment Act with respect to coordinating timelines. The pros and
cons of consolidating the process into one system or having separate processes could be discussed.
One possible scenario would be to process the transfers from program improvement (PI)
schools under the NCLB, then set one deadline for all other intradistrict and interdistrict transfer
requests, and then process all the non-NCLB transfer requests in the following order:
1.
Intradistrict transfers pursuant to Education Code
section 35160.5 and district policy.
2.
Interdistrict permits per Education Code section
46601 that are approved on an annual basis for
outgoing and incoming students.
3.
Residency by employment (Allen Bill) applications.
4.
Open Enrollment Act transfer requests from Open
Enrollment schools.
5.
Requests for transfer received after the deadline, if
space is available.
There may be other scenarios that would be more practical and efficient.
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