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Lodi Unified School District

Policy 5116.1 - Intradistrict Open Enrollment

Series: 5000 - Students

Policy: 5116.1 - Intradistrict Open Enrollment

Adopted: 01/01/1994

Last Revised: 03/06/2018

Download Policy 5116.1 - Intradistrict Open Enrollment PDF (English)

Download Rule 5116.1 - Intradistrict Open Enrollment PDF (English)

Intradistrict Open Enrollment

The Board of Education desires to provide enrollment options that meet the diverse needs and interests of district students and parents/guardians, while also balancing enrollment in order to maximize 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.

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 residence within the district.

The Board shall annually review this policy.


Enrollment Priorities

No student currently residing within a school’s attendance area shall be displaced by another student transferring from outside the attendance area.

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 who is a victim of a violent crime while on school grounds;
  2. 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:
    1. A written statement from a representative of an appropriate state or local agency, such as a law enforcement official, social worker, or a properly licensed or registered professional, such as a psychiatrist, psychologist, or marriage and family therapist;
    2. A court order, including a temporary restraining order and injunction;
  3. Any sibling of a student already in attendance in that school;
  4. Any student whose parent/guardian is an employee of Lodi Unified School District;
  5. Families with child care needs will be placed prior to random selection, where space is available, with verification of a licensed child care provider;
  6. In K-6 and K-8 schools, once a student is enrolled, they have priority for enrollment the following year. The parent or guardian of the student must, however, apply for readmission prior to February 1. A student may be subject to displacement due to excessive enrollment for the following school year. However, students will not be displaced once their school year has begun. Parents must be notified if students are to be returned to their attendance area school prior to June.


Application and Selection Process

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 between December 1 – February 1 of the school year preceding the school year for which the transfer is requested. In K-6 and K-8 schools, applications must be submitted each year.

In high schools and middle schools, once the application is approved, it is valid for the remaining years in that school.

The superintendent or designee shall calculate each school’s capacity in a nonarbitrary manner using student enrollment and available space.

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.

Enrollment decisions shall not be based on a student’s academic or athletic performance, except that existing entrance criteria for specialized schools or programs may be used provided that the criteria are uniformly applied to all applicants. Academic performance may be used to determine eligibility for, or placement in, programs for gifted and talented students. 


Transportation

The district shall not be obligated to provide transportation for students who attend school outside their attendance area.

Legal References

EDUCATION CODE
200 Prohibition against discrimination
35160.5 District policies; rules and regulations
35291 Rules
35351 Assignment of students to particular schools
46600-46611 Interdistrict attendance agreements
48200 Compulsory attendance
48204 Residency requirements for school attendance
48300-48316 Student attendance alternatives, school district of choice program
48350-48361 Open Enrollment Act
48980 Notice at beginning of term
 
UNITED STATES CODE, TITLE 20
6311 State plans
7912 Transfers from persistently dangerous schools
 
CODE OF REGULATIONS, TITLE 5
11992 – 11994 Definition of persistently dangerous schools
 
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. May 4, 2016
Unsafe School Choice Option, May 2004
 
WEBSITES
CSBA: www.csba.org
California Department of Education: www.cde.ca.gov
U.S. Department of Education: www.ed.gov

Rule 5116.1

Rule Approved 06/02/1998

Intradistrict Open Enrollment Agreements are to be initiated at the school of residence. Parents are to submit applications annually in K-6 and K-8 schools. In high schools and middle schools, once the application is approved, it is valid for the remaining years of attendance in that school.

The Superintendent or designee shall identify those schools which may have space available for additional students. A list of schools and open enrollment applications shall be available at each school site; the district office, and on the district’s web site.

After the enrollment priorities have been applied in accordance with Board policy, if there are more requests for a particular school than there are spaces available, a random drawing shall be held from the applicant pool. A waiting list shall be established to indicate the order in which applicants may be accepted if openings occur during the year. Late applicants shall not be added to the waiting list for the current year but shall instead wait for a subsequent lottery.

The Superintendent or designee shall provide written notification to applicants as to whether their applications have been approved, denied, or placed on a waiting list by May 15th. If the application is denied, the reasons for denial shall be stated.

Approved applicants must confirm their enrollment within 10 school days.

Any student who, prior to the 2016-17 school year, was granted a transfer out of a Title I school that had been identified for program improvement shall be allowed to remain in the school of enrollment until he/she completes the highest grade offered at that school.

Any complaints regarding the open enrollment process shall be submitted in accordance with the applicable complaint procedure.

All students who submit applications to the district by February 1 shall be eligible for admission to their school of choice if space is available at the appropriate grade level for the following school year. Space availability is determined by student enrollment for the upcoming year, future growth, and facility needs. Kindergarten requests shall be accepted at the time of Kindergarten registration.

The district will hold approximately 10% of the seats in each classroom for projected enrollment of new attendance area students pursuant to Board Policy 5116, School Attendance Areas, which articulates the establishment of neighborhood schools.


Notifications

Notifications shall be sent to parents/guardians at the beginning of each school year (i.e. in parent news-letters and student handbooks) describing all current statutory attendance options and local attendance options available in the district. Such notification shall include:

  1. All options for meeting residency requirements for school attendance;
  2. Program options offered within local attendance areas;
  3. A description of any special program options available on both an inter-district and intradistrict basis;
  4. A description of the procedure for application for alternative attendance areas or programs and the appeals process available, if any, when a change of attendance is denied;
  5. A district application form for requesting a change of attendance;
  6. The explanation of attendance options under California law as provided by the California Department of Education.


Transfers for Victims of a Violent Criminal Offense

Within a reasonable amount of time, not to exceed 14 school days, after it has been determined that a student has been the victim of a violent criminal offense while on school grounds, the student’s parents/guardians shall be offered an option to transfer their child to an eligible school identified by the Superintendent or designee. In making the determination that a student has been a victim of a violent criminal offense, the Superintendent or designee shall consider the specific circumstances of the incident and consult with local law enforcement as appropriate. Examples of violent criminal offenses include, but are not limited to, attempted murder, battery with serious bodily injury, assault with a deadly weapon, rape, sexual battery, robbery, extortion, or hate crimes.

The Superintendent or designee shall consider the needs and preferences of the affected student and his/her parent/guardian in making the offer. If the parent/guardian elects to transfer his/her child, the transfer shall be completed as soon as practicable.

To remain on an Intradistrict Agreement the student and parent must agree to the following conditions:

  1. The student will maintain a minimum attendance rate of ninety percent (90%) for each grading period. Exceptions may be granted with medical verification;
  2. The student will attend school on time and have no truancies or unexcused absences during the year;
  3. The student will maintain appropriate school behavior as outlined in the Student Code of Conduct Handbook. If a student commits an offense that is subject to suspension under Education Code Section 48911 and District Policy 5116.1, the student may be returned to the home school at the end of the term of suspension.

Secondary students on an Intradistrict Agreement are expected to maintain a cumulative grade point average of 2.0 each grading period in addition to 1 -3 above.