POLICY
NO. 5116.1(a)
MANTECA UNIFIED
SCHOOL DISTRICT
INTRADISTRICT OPEN ENROLLMENT
The Governing Board desires to provide options that meet the diverse needs, potential and
interests of district pupils and shall annually review enrollment options.
Pupils who reside within district boundaries may apply for enrollment in any district school. The
Superintendent or designee shall determine on a school-by-school basis what the capability of
each school is to accept transfer pupils and establish a random, unbiased selection process for the
admission of students from outside a school’s attendance area.
The parents or guardians of each school age child who is a resident in the district may identify
the school the child wishes to attend, irrespective of the particular locations of his or her
residence within the district, except that the district shall retain the authority to maintain
appropriate racial and ethnic balances and class size among its respective schools at the school
district’s discretion or as specified in applicable court ordered or voluntary desegregation plans.
If, as of the date established for filing requests for enrollment, a school receives requests in
excess of the capacity of the school, selection of applicants from outside of the attendance area
of the school shall be determined by lot. A waiting list shall then be established indicating the
order in which pupils may be accepted as openings occur. Persons who apply after the deadline
will be added to the waiting list in the order in which they apply. Pupils applying for admission
shall not be evaluated based on academic or athletic performance.
The school district may employ existing entrance criteria for specialized schools or programs
such as continuation schools, opportunity programs, and Independent Study Programs. The
criteria shall be uniformly applied to all applicants.
No pupil who currently resides in the attendance area of a school shall be displaced by pupils
transferring from outside the attendance area.
Transportation is the responsibility of the pupils making the request for an intradistrict transfer.
However, assistance to the pupil shall be considered subject to the availability of space on
existing buses, and shall only be provided to the extent that the district otherwise provides
transportation assistance to pupils. This means that pupils may ride existing transportation on a
space available basis, but that new transportation routes will not be created.
The annual notice required by Education Code Section 48980 to be sent to each parent or
guardian at the beginning of the first semester or quarter of the regular term shall advise the
parent or guardian of all current statutory attendance options and local attendance options
available in the school district. That notification shall include all options for meeting residency
POLICY
NO. 5116.1(b)
MANTECA UNIFIED
SCHOOL DISTRICT
requirements for school attendance, programmatic options offered within the local attendance
areas, and any special programmatic options available on both an interdistrict and intradistrict
basis. That notification also shall include a description of all options, a description of the
procedure for application for alternative attendance areas or programs, an application form from
the district for requesting a change of attendance, and a description of the appeals process
available, if any, for a parent or guardian denied a change of attendance.
The Governing Board recognizes that it is the intent of the legislature that the Governing Board
of each school district annually review the enrollment options available to the pupils within its
district and that the school districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of California’s pupils.
The District may at its discretion place pupils in any school within the District for the purpose of
maintaining class balance, maintaining acceptable teacher/student ratio, or improving
educational opportunities, even though said school is not within the student’s established
attendance area.
Romero Bill Transfer Provisions
The Governing Board desires to offer enrollment options in order to provide children with
opportunities for academic achievement that best meet their diverse needs. Under the Open
Enrollment Act (Romero Bill), such options shall also be provided to children who reside within
another district's boundaries in accordance with law, Board Policy, and Administrative
Regulation.
Whenever a student is attending a district school on the Open Enrollment List as identified by the
Superintendent of Public Instruction, he/she may transfer to another school within or outside of
the district, as long as the school to which he/she is transferring has a higher Academic
Performance Index. (Education Code 48354, 48356)
Legal Reference:
EDUCATION CODE
35160.5 District policies; rules and regulations
35291 Rules
35351 Assignment of students to particular schools
48980 Notice at beginning of term
Crawford v. Board of Education (1976) 17 Cal 3d 280
POLICY
NO. 5116.1(c)
MANTECA UNIFIED
SCHOOL DISTRICT
200 Prohibition of discrimination
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
48915 Expulsion; particular circumstances
48915.1 Expelled individuals: enrollment in another district
52317 Regional Occupational Center/Program, enrollment of students, interdistrict attendance
FAMILY CODE
6500-6552 Caregivers
UNITED STATES CODE, TITLE 20
6316 Transfers from program improvement schools
CODE OF REGULATIONS, TITLE 5
4700-4703 Open Enrollment Act
CODE OF FEDERAL REGULATIONS, TITLE 34
200.36 Dissemination of information
200.37 Notice of program improvement status, option to transfer
200.39 Program improvement, transfer option
200.42 Corrective action, transfer option
200.43 Restructuring, transfer option
200.44 Public school choice, program improvement schools
ATTORNEY GENERAL OPINIONS
87 Ops.Cal.Atty.Gen. 132 (2004)
84 Ops.Cal.Atty.Gen. 198 (2001)
COURT DECISIONS
Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275
Management Resources:
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
Date Adopted:
Date Revised:
May 17, 1994
March 8, 2011