Open Enrollment Act - Romero Bill List Of 1,000 Schools Released For Purposes Of 2012-2013 Transfers

Lozano Smith Client News Brief
November 2011
Number 71

On November 1, 2011, the California Department of Education (CDE) released its list of 1,000 open enrollment schools from which students may transfer under the Open Enrollment Act (Romero Bill) for the 2012-2013 school year. While the Romero Bill intended to identify 1,000 "low performing" schools based on the Academic Performance Index (API), once again, the list includes many schools with exceptionally high API scores. As reported in Client News Brief Number 54, October 2011, last month Governor Brown vetoed Assembly Bill 47, which sought to remedy and reduce the number of schools with high API scores listed as "low performing," as well as make other changes regarding how the list is calculated.

Under the Romero Bill, school districts must provide notice to students attending a school on the list of the right to apply for a transfer to a different school with a higher API score. Pursuant to the regulations under the Open Enrollment Act, because the list was not released before the start of the school year, school districts of residence with a school on the list must provide notice to parents and guardians of each student enrolled in the school "no later than 14 calendar days after the Open Enrollment List is posted on the CDE's Web site." (Cal.Code Regs., tit. 5, 4702(a).) As noted above, the Open Enrollment List was posted on the CDE's website on November 1 and, as a result, notice must be provided by Tuesday, November 15, 2011.

If you have any questions, would like to request LOZANO SMITH'S model Romero Bill Notice, or assistance with the development of standards for acceptance and rejection of Romero Bill transfer applications, please contact one of our eight offices located statewide, visit our website, or follow Lozano Smith on Facebook.
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As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.