California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.2 - Open Enrollment Act › Subchapter 1 - Open Enrollment Act › Article 1 - General Provisions › Section 4701 - Identification of Open Enrollment Schools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The State Superintendent of Public
					 Instruction (SSPI) shall annually construct a list of 1,000 schools for the
					 Open Enrollment Act that maintains the same ratio of elementary, middle, and
					 high schools as existed in decile 1 of the 2009 Base Academic Performance Index
					 (API) file and retains only "10 percent" of a local educational agency's
					 (LEA's) schools pursuant to the following methodology:
(1) the list of 1,000 schools shall include
					 687 elementary schools, 165 middle schools, and 148 high schools;
(2) the list of 1,000 schools shall exclude
					 the following:
(A) schools that are court,
					 community, or community day schools;
(B) schools that are charter
					 schools;
(C) schools that are
					 closed; and
(D) schools that have
					 fewer than 100 valid test scores.
(E) schools that are not schools of a
					 district of residence as defined in Education Code section
					 48352(d),
					 and that enroll students who would otherwise be required to enroll in a school
					 of a district pursuant to Education Code section
					 48200.
(3) an LEA shall have on the list no more
					 than 10 percent of its total number of schools that are not closed. However,
					 when that total number of schools is not evenly divisible by 10, the 10 percent
					 number of the LEA's schools shall be rounded up to the next whole number;
					 and
(4) to produce the final list
					 of 1,000 schools, the SSPI shall apply the following process:
(A) create a pool of schools by selecting all
					 schools from the most current year's growth API file;
(B) create an initial pool of eligible
					 schools by excluding from the pool set forth in subdivision (a)(4)(A) all
					 schools identified in subdivision (a)(2);
(C) from the pool of eligible schools set
					 forth in subdivision (a)(4)(B), select the list of 1,000 schools with the
					 lowest API scores while maintaining the number of the elementary schools,
					 middle schools, and high schools respectively, as set forth in subdivision
					 (a)(1);
(D) from the list of 1,000
					 schools identified in subdivision (a)(4)(C), retain only the schools with the
					 lowest API scores from each LEA irrespective of whether it is an elementary
					 school, middle school, or high school until the LEA reaches the 10 percent cap
					 pursuant to subdivision (a)(3);
(E)
					 from the schools remaining in the eligible pool after the list of 1,000 schools
					 as set forth in subdivision (a)(4)(C) was removed, retain only the schools that
					 are part of LEAs that have not yet reached their 10 percent cap pursuant to
					 subdivision (a)(3);
(F) create the
					 next pool of eligible schools by combining the schools retained in subdivision
					 (a)(4)(D) with the schools retained in subdivision (a)(4)(E); and
(G) repeat the procedures outlined in
					 subdivisions (a)(4)(C) through (a)(4)(F) until such time as the number of
					 schools as set forth in subdivision (a)(4)(D) is 1,000 schools with no LEA
					 exceeding the 10 percent cap.
(5) The final list of 1,000 Open Enrollment
					 schools is achieved when the list contains 1,000 schools that meet the
					 requirements for both the decile 1 ratio and the LEA "10 percent"
					 cap.