CONTROLLED OPEN ENROLLMENT | Policy Manual | Brevard Co. Public Schools

5121 – CONTROLLED OPEN ENROLLMENT

The Board shall permit a program of controlled open enrollment as set forth herein and in accordance with Florida law. “Controlled Open Enrollment” means a public education delivery system that allows school districts to make student school assignments using parents’/legal guardians’ indicated preferential educational school choice as a significant factor. The District’s controlled open enrollment program is in addition to the educational choice options provided by Policy 2271 - Articulation and Access to Florida College System Institutions; Policy 2370 - Educational Options; Policy 2370.01 - Virtual Instruction; Policy 2421 - Career and Technical Education; and Policy 9800 - Charter Schools.

Components of the District’s Controlled Open Enrollment Program

The District’s Controlled Open Enrollment Program:
1. Adheres to Federal desegregation requirements;
2. Allows parents/legal guardians to declare school preferences, including placement of siblings within the same school;
3. Provides a lottery procedure to determine student assignment and establishes an appeals process for hardship cases;
4. Affords parents of students in multiple session schools preferred access to controlled open enrollment;
5. Maintains socioeconomic, demographic, and racial balance;
6. Provides transportation information for parents on the District website pursuant to F.S. 1002.394;
  
  Transportation to public schools pursuant to F.S. 1002.38, 1002.39, and 1002.394 (the Opportunity Scholarship Program, the John M. McKay Scholarships for Students with Disabilities Program, and the Family Empowerment Scholarship Program)
7. Maintains existing academic eligibility criteria for public school choice programs pursuant to Florida law;
8. Identifies schools that have reached capacity, as determined by the District;
9. Ensures that preferential treatment is provided to individuals as set forth in Florida law;
10. Maintains a waitlist of students who are denied access due to capacity and provides notification to parents when seats are available;
11. Enables a student who, in middle school, completed a career and technical education course of an industry certification included in the CAPE Industry Certification Funding List to continue to sequential program of career and technical education in the same concentration, if a high school in the District offers the program, and,
12. Accepts students at regular intervals as capacity becomes available throughout the year.
Eligibility for Participation in the Controlled Open Enrollment Program
1. In addition to the public school choice programs available under Florida law and provided in the District pursuant to the policies listed above, a parent/legal guardian of a student under the age of eighteen (18), or an eligible student who lives in the District or in any other school district in the State of Florida who is not subject to current expulsion or suspension, may seek to enroll in a public school in the District that has not reached capacity, subject to the maximum class size pursuant to F.S. 1003.03, and Section 1, Article IX of the Florida Constitution.
2. In determining the capacity of each district school, the Board shall incorporate the specifications, plans, elements, and commitments contained in the District's educational facilities plan and the long-term work programs required under Florida law.
3. A District school shall be at “capacity”:
  1. Once the school has reached ninety-five percent (95%) total capacity as set forth in the Florida Inventory of School Houses (FISH) and/or
  2. Once the number of enrolled students in the District school equals or exceeds the number of seats available for each of the grade levels and/or programs offered in the school.
4. The Superintendent or the Superintendent’s designee may “freeze” a school to new incoming Educational Location Option (ELO) requests regardless of the projected student enrollment to total capacity ratio, if the Superintendent or Superintendent’s designee, with the input of representatives from Facilities and/or Leading and Learning, determines that this restriction is in the best interest of the District.
5. “Capacity” as defined herein is subject to program-specific enrollment limitations. Programs with enrollment limitations may include, but are not limited to, self-contained Exceptional Student Education (ESE), career-tech, magnet, International Baccalaureate (IB), Cambridge, and other academic programs that require student-teacher ratios less than the FISH capacity for that space.
6. The public schools in the District that have reached capacity shall be identified on the District’s website.
7. Capacity information for each school by grade level available seats will be updated and posted on the District's website at least every twelve (12) weeks.
8. Dependent children of active duty military personnel who otherwise meet the eligibility criteria for special academic programs offered through public schools:
  1. shall be given first preference for admission to such programs even if the program is being offered through a public school other than the school to which the student would generally be assigned
  2. must be enrolled in such program if the student's parent is transferred to Florida during the school year.
9. A student whose parent is transferred within Florida after the controlled open enrollment window may enroll in any school within Florida.
10. Eligibility for acceptance into a School of Choice requires that the student is on schedule to graduate with their designated cohort.
Applications and Preferential Treatment
1. Applications to participate in the District’s controlled open enrollment program shall be accepted within the published timelines located on the District's website.
2. Timelines are determined annually and posted on the District’s website.
3. Computer access is available upon request at each District school for parents to complete the application.
4. Applicants will be required to identify their primary school of choice or specific program within the application.
5. An applicant’s failure to disclose information (e.g., being subject to suspension or expulsion, having a current IEP that is served in a categorical unit, being assigned to a Department of Juvenile Justice program) that would be relevant to the District’s determination that the applicant could be served in a program at his/her preferred or alternate schools and therefore would be accepted shall constitute grounds for revocation of approval to enroll under this policy.
6. After the close of the application period and the determination of capacity at each school, the District shall conduct a lottery as described below and then process the applications according to the random numbers assigned.
7. Applications are grouped accordingly:
  1. Tier I – Special Consideration
    
    Applicants included in this tier who reside in the District but are unable to apply during the application window are entitled to preferential treatment in at least one (1) of the following ways:
    1. Dependent children of active military personnel whose move resulted from military orders and resides within the District. Official military orders must be submitted to the Patrick Space Force Base military liaison who will complete the requisite forms to verify preferential treatment;
    2. Children who have been relocated due to foster care placement in a different school zone; and/or
    3. Children who move due to court-ordered change in custody or, due to separation or divorce or serious illness or death of a custodial parent/legal guardian.
  2. Tier II – Site-Based Employee Preference
    
    District employees working at a school are considered site-based employees of that school and qualify for the site-based employee preference. Capacity restrictions do not apply to site-based employees. Furthermore, children of site-based employees working at a School of Choice (Educational Program Option) must meet the entry requirements, if applicable.
  3. Tier III – Sibling Preference
    
    Family member(s) of a current student who is residing at the same residence as his/her sibling, who will also begin his/her attendance at the same school during a year in which the current student is attending the school, qualify for sibling preference. Siblings who do not begin their attendance at the school while the current student is attending the school do not qualify for sibling preference.
  4. Tier IV – Family Preference
    
    A student whose sibling has been offered a seat through the lottery process qualifies for the family preference for the next available seat in the applicable grade level or program pursuant to entry requirements, if applicable.
  5. Tier V – District Students
    
    Children who reside in the District are entitled to no other preferential treatment.
  6. Tier VI – Out-of-District Students
    
    Students who reside in another county within the State are not entitled to preferential treatment under State law are known as out-of-district students under F.S. 1002.31, and therefore may not displace a student from within the District.
8. Purple Star Designation - the parent of a dependent of a current member of the United States military serving on active duty in, or a former member of, the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard; a reserve component of any branch of the United States Military; or the Florida National Guard must submit official military paperwork to the Patrick Space Force Base military liaison who will complete the requisite forms to verify preferential treatment. Purple Star Campuses will reserve at least five percent (5%) of controlled open enrollment seats for military students.
Lottery
1. The lottery will be conducted by two (2) or more staff members designated by the Superintendent.
2. The lottery involves the assignment of a random number to each applicant. Siblings in the same grade level/twins/triplets will be assigned the same number unless otherwise requested.
3. Separate lotteries will be conducted for applicants in the following order:
  1. Tier I
  2. Tier II
  3. Tier III
  4. Tier IV
  5. Tier V
  6. Tier VI
4. Applicants will be offered seats as capacity in the school, grade level, or program allows.
5. Applicants will be notified of the seat offering or waitlist status through the District's application program.
6. Applicants have fourteen (14) calendar days to accept the seat offered.
7. Students may only commit to one (1) school or program.
8. Accepting a seat at more than one (1) school or program will result in forfeiture of all seats accepted.
9. Applicants who were not offered a seat will be waitlisted in rank order. Waitlisted applicants may be offered a seat as seats become available throughout the school year.
10. Upon accepting a seat in a school or program, students may then register at that school.
Appeals
1. Applicants who are not accepted for enrollment may appeal to the Superintendent’s Designee within fourteen (14) calendar days from the receipt of the District’s notice advising them that their application was denied. If the last day for appeal falls on a day that the District or School Office is not open for business, the deadline shall be extended to the next day that the school office is open for business.
2. The appeal must be submitted in writing, must be based on a hardship, and must include as much detail as possible regarding the hardship.
3. Appeals will be considered by an Appeals Team consisting of representatives from various District departments. The Appeals Team decisions are final.
4. Applicants will be notified in writing via email of the Appeals Team decision.
5. “Hardship” includes but is not limited to the following:
  1. Medical or psychological matters
  2. Law enforcement matters
  3. Employment needs
  4. Any other circumstances demonstrating a hardship
Students Residing in the District
1. residing in the District will not be displaced by a student from another district seeking enrollment under the District’s controlled open enrollment program.
Completion of Highest Grade Level
1. A student who enrolls through the District’s controlled open enrollment program may remain at his/her current school until the completion of the highest grade at that school.
2. After completing the highest grade at that school, a student who resides in another school zone and wants to transition to the next level of the academic program in this District, must reapply for enrollment through the controlled open enrollment process.
3. After completing the highest grade at the school, a student who resides in the District and wants to transition to the next level of the academic program at a school other than the one to which s/he would be assigned in accordance with Policy 5120 - Assignment Within the District must reapply for enrollment at his/her preferred school, as well as (an) alternate school(s), through the controlled open enrollment program.
Maintaining Appropriate Socioeconomic, Demographic, and Racial Balance
1. Given our diverse society and the importance of preparing students for education, work, and citizenship, the Board is committed to providing students with equal educational opportunities, promoting educational diversity in the District, and providing students with the educational benefits of a diverse student body. To that end, should a concern arise regarding socioeconomic, demographic, or racial balance in one or more of the District’s schools, the Superintendent shall consult with legal counsel to determine the appropriate steps that should be taken, including, but not limited to, any necessary policy revisions and other actions necessary to comply with Florida and Federal law. The Superintendent shall then make the appropriate recommendations to the Board.
Open Enrollment Revocation

Approval of an Educational Location Option (ELO) or Educational Program Opportunity (EPO) may be revoked for certain reasons: Students and parents are required to complete an acknowledgement of the expectations for participation and enrollment in these schools or programs. Approval may be revoked for the following reasons:
1. Poor attendance; (as evidenced with nine (9) or more unexcused absences per semester)(absences are excused if a doctor's note or court note is provided)
2. Chronic misbehavior (five (5) or more referrals in a semester) or committing a level 4 or 5 offense;
3. Lack of academic effort by the student; (must maintain a 2.0 GPA or higher) (For high school students; grade level must be equivalent to cohort)
4. Excessive early check-outs or late pick-up after school of the student; (as evidenced with a combination of 9 or more early check-outs or late pick-ups per semester)
5. Falsification of application details; and/or
6. Falsification or misrepresentation of address or entrance documents.

Revised 12/15/20
Revised 6/28/22
Revised 3/7/23
Revised 3/12/24
Technical Correction 3/11/25
Revised 10/7/25