Board Policy

BP 5116

Students

School Attendance Boundaries

Note: Jackson v. Pasadena City School District and 29 Ops. Cal. Atty. Gen. 63 affirm the right of the Board to establish attendance areas, provided the exercise of such discretion is reasonable and does not violate the equal protection or due process rights of students. Additionally, districts have an affirmative duty to alleviate racial segregation (Crawford v. Board of Education). Although AB 1114 (Ch. 161, Statutes of 1993) provides that a student currently residing in an attendance area cannot be displaced by a student outside the attendance area through newly adopted open enrollment procedures, no specific statutory requirements limit the Board's authority to establish attendance boundaries.

The Board of Education shall regularly review school attendance boundaries, taking into account school capacities and enrollment data, geographic features, student safety and transportation, racial and ethnic balance, educational programs such as magnet schools, and community input.

(cf. 5116.1- Intradistrict Open Enrollment)

The Superintendent or designee may place some students in a school outside of their attendance area in order to alleviate overcrowding.

Legal Reference:

EDUCATION CODE

35160 Authority of Board of Educations

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

GOVERNMENT CODE

53312.7 Establishment of community facilities district; goals and policies

COURT DECISIONS

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

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

ATTORNEY GENERAL OPINIONS

29 Ops. Cal. Atty. Gen. 63

Policy PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT

adopted: March 8, 2001 Palso Verdes Estates, California