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Title 5, CCR Open Enrollment Act

Title 5 California Code of Regulations (5 CCR), Section 4700 et seq., effective date January 1, 2011.
Title 5. EDUCATION
Division 1. California Department of Education
Chapter 5.2. Open Enrollment Act
Subchapter 1. Open Enrollment Act
Article 1. General Provisions
§ 4700. Purpose.

These regulations set forth requirements for the administration of the Open Enrollment Act.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 48352, 48354, 48355, 48356 and 48357, Education Code.

§ 4701. Identification of Open Enrollment Schools.

(a) The State Superintendent of Public Instruction (SSPI) shall annually construct a list of 1,000 schools for the Open Enrollment Act that maintains the same ratio of elementary, middle, and high schools as existed in decile 1 of the 2009 Base Academic Performance Index (API) file and retains only “10 percent” of a local educational agency’s (LEA’s) schools pursuant to the following methodology:

(1) the list of 1,000 schools shall include 687 elementary schools, 165 middle schools, and 148 high schools;

(2) the list of 1,000 schools shall exclude the following:

(A) schools that are court, community, or community day schools;

(B) schools that are charter schools;

(C) schools that are closed; and

(D) schools that have fewer than 100 valid test scores.

(E) schools that are not schools of a district of residence as defined in Education Code section 48352(d), and that enroll students who would otherwise be required to enroll in a school of a district pursuant to Education Code section 48200.

(3) an LEA shall have on the list no more than 10 percent of its total number of schools that are not closed. However, when that total number of schools is not evenly divisible by 10, the 10 percent number of the LEA’s schools shall be rounded up to the next whole number; and

(4) to produce the final list of 1,000 schools, the SSPI shall apply the following process:

(A) create a pool of schools by selecting all schools from the most current year’s growth API file;

(B) create an initial pool of eligible schools by excluding from the pool set forth in subdivision (a)(4)(A) all schools identified in subdivision (a)(2);

(C) from the pool of eligible schools set forth in subdivision (a)(4)(B), select the list of 1,000 schools with the lowest API scores while maintaining the number of the elementary schools, middle schools, and high schools respectively, as set forth in subdivision (a)(1);

(D) from the list of 1,000 schools identified in subdivision (a)(4)(C), retain only the schools with the lowest API scores from each LEA irrespective of whether it is an elementary school, middle school, or high school until the LEA reaches the 10 percent cap pursuant to subdivision (a)(3);

(E) from the schools remaining in the eligible pool after the list of 1,000 schools as set forth in subdivision (a)(4)(C) was removed, retain only the schools that are part of LEAs that have not yet reached their 10 percent cap pursuant to subdivision (a)(3);

(F) create the next pool of eligible schools by combining the schools retained in subdivision (a)(4)(D) with the schools retained in subdivision (a)(4)(E); and

(G) repeat the procedures outlined in subdivisions (a)(4)(C) through (a)(4)(F) until such time as the number of schools as set forth in subdivision (a)(4)(D) is 1,000 schools with no LEA exceeding the 10 percent cap.

(5) The final list of 1,000 Open Enrollment schools is achieved when the list contains 1,000 schools that meet the requirements for both the decile 1 ratio and the LEA "10 percent" cap.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 48352 and 52052, Education Code.

§ 4702. Application for Transfer Pursuant to the Open Enrollment Act.

(a) The district of residence shall notify the parent(s) or guardian(s) of each pupil enrolled in a school included on the most recent Open Enrollment List of the option to transfer. This notice shall 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 14 calendar days after the Open Enrollment List is posted on the CDE’s Web site.

(b) A pupil who transfers to a school pursuant to the Open Enrollment Act and is currently enrolled in that school shall not be required to reapply for enrollment in that school, regardless of whether the pupil’s school of residence remains on the list of 1,000 Open Enrollment schools.

(c) A district of enrollment may allow a pupil who has transferred to and is currently enrolled in a school in the district pursuant to the Open Enrollment Act to matriculate to a middle or high school in the district without having to reapply, regardless of whether the school into which the pupil would normally matriculate in the pupil’s district of residence is on the list of 1,000 Open Enrollment schools.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 48354, and 48355, Education Code.

§ 4703. Approval and Rejection of Applications.

(a) If an application is approved, the school district of enrollment shall state in the notification the particular school site and that school’s address to which the pupil has been admitted.

(b) If the parent(s) or guardian(s) of a pupil chooses to enroll the pupil in a school to which the pupil has been admitted pursuant to this chapter, the pupil shall be enrolled in the school identified in subdivision (a) on or before the first day of instruction, or not later than 14 calendar days from the date of the notification pursuant to subdivision (a), whichever is later. If the parent(s) or guardian(s) of the pupil fails to enroll the pupil within this timeframe, the district is not required to enroll the pupil in the school.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 48353, 48354 and 48357, Education Code; and Section 88003, Government Code.

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