Section 4701 - Identification of Open Enrollment Schools(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.Cal. Code Regs. Tit. 5, § 4701
1. New section filed 8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No. 32). A Certificate of Compliance must be transmitted to OAL by 1-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-2-2010 order, including amendment of section and NOTE, transmitted to OAL 10-26-2010 and filed 12-2-2010; operative 1-1-2011 (Register 2010, No. 49). Note: Authority cited: Section 33031, Education Code. Reference: Sections 48352 and 52052, Education Code.
1. New section filed 8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No. 32). A Certificate of Compliance must be transmitted to OAL by 1-31-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-2-2010 order, including amendment of section and Note, transmitted to OAL 10-26-2010 and filed 12-2-2010; operative 1-1-2011 (Register 2010, No. 49).