San Francisco Unified School District and County Office of Education
Board Policy 5116.1
Intradistrict Safety Transfer Process
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
The Governing Board desires to provide enrollment options that meet the diverse needs and interests of District students and parents/guardians, while also maximizing the efficient use of District facilities and resources. 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.
(cf. 5116.2 – Involuntary Student Transfers)
(cf. 5117 – Interdistrict Attendance)
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 their residence within the District.
(cf. 5101 Student Assignment)
(cf. 5111.1 – District Residency)
The Board shall annually review this policy. (Education Code 35160.5, 48980)
Scope
This policy applies to intradistrict transfers and safety transfers for District resident students. Unless otherwise stated, this policy does not address or supersede the District’s school assignment process and does not apply to Fall and Spring open enrollment.
(cf. 5101 Student Assignment)
Safety Transfer Enrollment Priorities
A student currently assigned or enrolled in a District school through the District’s school assignment process shall not be displaced by another student transferring to the same school under this policy. When applicable, this policy will not interrupt the order of preference categories provided to applicants in the District’s school assignment process, including attendance area.
(cf. 5116 – School Attendance Boundaries)
The Superintendent or designee shall grant priority for the enrollment of a student in a District school outside of the student’s school assignment if the student:
- Is enrolled in a District school designated by the California Department of Education (CDE) as “persistently dangerous” (20 USC 7912; 5 CCR 11992)
(cf. 0450 – Comprehensive Safety Plan)
- Is a victim of a violent crime while on school grounds. (20 USC 7912)
- Is a victim of an act of bullying committed by another District student, as determined through an investigation following the parent/guardian’s submission of a written complaint with the school, District, or local law enforcement agency pursuant to Education Code 234.1. (Education Code 46600)
The District shall offer school transfer options that have capacity in the grade level of the victim of the act of bullying that are best able to provide a safe and supportive school community for the student.
(cf. 1312.3 – Uniform Complaint Procedures)
(cf. 5131.2 – Bullying)
- Is experiencing special circumstances that might be harmful or dangerous to the student in the current attendance area, including, but 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 has capacity to receive transfers. To grant priority under these circumstances, the Superintendent or designee must have received either: (Education Code 35160.5)
- A written statement from a representative of an appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or a properly licensed or registered professional, including, but not necessarily limited to, a psychiatrist, psychologist, marriage and family therapist, clinical social worker, or professional clinical counselor; or
- A court order, including a temporary restraining order and injunction.
Application and Selection Process
In order to ensure that priorities for safety transfer enrollment in District schools are implemented in accordance with law and Board policy, applications for intradistrict safety transfer enrollment may be submitted using the transfer process referred to in the accompanying Administrative Regulation 5116.1.
The Superintendent or designee shall calculate each school’s capacity in a nonarbitrary manner using student enrollment and available space. (Education Code 35160.5)
Except for the enrollment priorities listed above, the Superintendent or designee shall use a random, unbiased selection process to determine which students shall be admitted whenever a District school receives admission requests that are in excess of the school’s capacity. (Education Code 35160.5)
Enrollment decisions shall not be based on a student’s academic or athletic performance. However, existing entrance criteria may be used for enrolling students in specialized schools or programs, provided that the criteria are uniformly applied to all applicants. In addition, academic performance may be used to determine eligibility for, or placement in, programs for gifted and talented students. (Education Code 35160.5)
(cf. 6172 – Gifted and Talented Student Program)
Transportation
In general, the District shall not be obligated to provide transportation for students under this policy.
(cf. 5101.1 General Transportation Policy)
However, upon parent/guardian request, the District shall provide transportation assistance to any student who is eligible for free or reduced-price meals and whose enrollment in a District school outside the student’s attendance area is a result of being a victim of bullying. (Education Code 46600)
(cf. 3250 – Transportation Fees)
(cf. 3540 – Transportation)
Legal Reference:
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
48980 Notice at beginning of term
CODE OF REGULATIONS, TITLE 5
11992-11994 Definition of persistently dangerous schools
UNITED STATES CODE, TITLE 20
6311 State plans
6313 Eligibility of schools and school attendance areas; funding allocation
7912 Transfers from 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)
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.