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Open Enrollment Revocations BP 5119

Students BP 5119(a)


Purpose and Intent

The Governing Board endorses the neighborhood public school concept. However, the Board

recognizes that some parents/guardians may wish to choose a school of attendance other than their

school of residence. Thus, a Capistrano Unified School District Open Enrollment Program shall be

included as an integral feature of the District’s instructional offerings.

School of residence attendance areas, school capacities, and class size mandates/guidelines are

established to optimize the use of existing facilities and to maintain relatively balanced enrollments.

All CUSD schools offer high quality instructional programs addressing the district’s mission, goals

and adopted curricula. However, parents/guardians may wish to apply to other CUSD schools in

order to take advantage of specialized or innovative programs, or to meet other family needs.

Priority Criteria for School Placement

CUSD students residing in any Board-approved school attendance area shall first be provided the

option of attending their school of residence. After all students within each school’s attendance area

have been accommodated within established class-size mandates, and after all students in categories

A and B below have been placed, requests for Open Enrollment placement will be honored according

to the following priority until all openings in a given school are filled:

A. CUSD students who are siblings of any student currently in attendance who will continue to

be enrolled at the same school next year or CUSD students requesting placement at their

school of residence after attending a school of choice for at least one full year.

B. CUSD students who have continuously attended the school for at least one full year, but have

moved into another CUSD school's attendance area, or CUSD students residing in an area

affected by an attendance boundary change who wish to remain at their existing school.

C. CUSD students whose residence is not within the school’s attendance area but whose

parents/guardians pay a Mello-Roos tax which helped support construction of the school.

D. All other CUSD students requesting Open Enrollment placement.

Determination of Openings

District staff shall project the initial number of open enrollment classroom seats which will be

available for the fall of the following school year. In this analysis, staff shall consider each of the

following elements:

1. Current enrollment as it rolls forward and provides a basis for the following year’s


2. Projected new enrollments for the school’s entry grade level (K, 6, or 9).

3. Projected new enrollments due to the construction of new housing facilities in the attendance

area during the next year.

4. The ratio of enrollment to capacity as compared with the enrollment to capacity ratio of other

schools in the surrounding area.

5. Plans for the construction of new school facilities which would provide future relief from

current overcrowded conditions.

6. Special programs which may have particular enrollment requirements or limitations.

When the Open Enrollment process is implemented each year, the initial number of openings

assigned to each school may be augmented as students who are currently enrolled in a given school

transfer to another school site during the Open Enrollment process.

Schools with Openings

Each year the Superintendent or designee shall utilize all available information to determine which

schools have openings. Schools without additional space will accept students in Priority A and

Priority B categories only.

Schools with openings will begin the Open Enrollment process with a designated number of

openings. Students will be placed in order of the priority criteria referenced in this policy.

Placement Procedures

The Open Enrollment timeline will be published on the CUSD website and will be available at all

school sites in January of each year.

Open Enrollment applications shall be initiated by a child’s parent/guardian. Applications must be

submitted on the district-designated form which is available at the District office, in each school

office and on the CUSD website. Parents/guardians seeking placement for multiple children must

submit a separate application for each child.

Parents/guardians who have applied for an Open Enrollment transfer by the published application

deadline shall be notified of the status of their transfer request by late spring. Open Enrollment

approval is school specific and does not guarantee placement in the feeder school(s) for the school of


After the number of openings has been determined and applications processed, a determination will

be made as to whether sufficient openings exist to accommodate all applications. In the event there

are more applications for Open Enrollment into any given school than there are openings in that

school, a lottery procedure for placement will be implemented which takes into account the priority

criteria referenced in this policy and considers the openings which are available according to grade


Students in priorities A and B may continue to apply beyond the published application deadline. In

late spring, the list of schools with openings will be updated and a second opportunity to apply for

Open Enrollment placement for all priorities will take place.

Eligibility for Interscholastic Athletic Participation

When a student enrolls as a freshman (Grade 9) in any CUSD high school, he/she will have that

school identified as the school of attendance for athletic eligibility. Once eligibility has been

established, a transfer to a different high school under Open Enrollment may result in a declaration of

ineligibility to participate. Students considering a transfer to another CUSD high school should

contact CIF for eligibility guidelines.

Recruitment of students by school personnel to attend a high school other than the school of

residence for the purpose of athletic participation is prohibited in accordance with CIF rules and


Home-to-School Bus Transportation

Transportation of students who have been placed through the open enrollment process is the

responsibility of the parent/guardian.

Nonrequirements to the District

In implementing the Open Enrollment Program, the District is not required to:

1. Make alterations in the structure or grounds of any schools or make alterations to the

arrangement or function of rooms within District schools.

2. Establish and offer any particular program in a school if such program is not offered currently

in each school in the District.

3. Alter or waive any established eligibility criteria for participation in a particular program

including age requirements, course prerequisites and required levels of performance.

Transfer Back to the School of Residence

Students approved for Open Enrollment placement in accordance with the priority placement criteria

spelled out in this policy shall abide by all school rules and procedures. Principals may recommend

to Student Services the involuntary transfer of students back to their school of residence or another

school deemed appropriate for any of the following reasons:

1. Unsatisfactory attendance

2. Continual tardiness

3. Failure of the parent/guardian to make adequate transportation arrangements

4. Unsatisfactory academic performance

5. Unsatisfactory behavior

6. No longer residing within CUSD boundaries

Students being transferred back to their school of residence or another school deemed appropriate

have the right to an Admission and Discharge (A & D) hearing relative to the infraction which caused

the involuntary transfer.

Students determined to have enrolled in a school by falsifying attendance or residency records shall

be returned to their school of residence immediately. These students will not qualify as Priority A or

B students even if they otherwise meet the stated priority criteria.

Students requesting a transfer to their school of residence, after having been accepted into another

school through the open enrollment process, will not be guaranteed a place in their school of

residence. Students may reapply for Open Enrollment placement at their school of residence after

attending their school of choice for at least one full year.

Legal Reference:


35160 Authority of governing boards

35160.1 Broad authority of school districts

35160.5 District policies; rules and regulations

35291 Rules

35350 Transportation of students

35351 Assignment of students to particular schools

29 Ops.Cal.Atty.Gen. 63


53312.7 Establishment of community facilities district; goals and policies

Jackson v. Pasadena City School District (1963) 59 Cal. 2nd 876, 879

Crawford v. Board of Education (1976) 17 Cal.3d 280

(cf 5152 – Expulsion, Suspension, Involuntary Transfer and Due Process)


adopted: February 8, 1999 San Juan Capistrano, California

revised: November 17, 2003

revised: December 8, 2003

revised: February 11, 2008

revised December 15, 2009

Non-Discrimination Statement

The Capistrano Unified School District prohibits discrimination, harassment, intimidation, and bullying in all district activities, programs, and employment based upon actual or perceived gender, gender identity, gender expression, race, ethnicity, color, religion, ancestry, nationality, national origin, ethnic group identification, sex, sexual orientation, marital or parental status, pregnancy, age, physical or mental disability or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. Reference: AR 1312.3, BP 1312.3 and BP 5183.

Rich Montgomery, Executive Director, Human Resource Services/Compliance
33122 Valle Road, San Juan Capistrano, CA 92675
(949) 234-9200

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