Campbell Union ESD | AR 5117 Students
Interdistrict Attendance Agreements and Permits
In accordance with an agreement between the Governing Board and the board of another district, a permit authorizing student of either district to enroll in the other district may be issued upon approval of both districts.
The district shall post on its web site the procedures and timelines for requesting an interdistrict transfer permit, including a link to BP 5117 - Interdistrict Attendance. The posted information shall include, but is not limited to:(Education Code 46600.1, 46600.2)
1. The date upon which the district will begin accepting and processing interdistrict transfer requests for the following school year
2. The reasons for which the district may approve or deny a request, and any information or documents that must be submitted as supporting evidence
3. If applicable, the process and timelines by which a denial of a request may be appealed within the district before the district renders a final decision
4. A statement that failure of a parent/guardian to meet any timelines established by the district shall be deemed an abandonment of the request
5. Applicable timelines for processing a request, including the following statements:
a. For an interdistrict transfer request received by the district 15 or fewer calendar days before the commencement of instruction in the school year for which the transfer is sought, the district will notify the parent/guardian of its final decision within 30 calendar days from the date the request was received.
b. For an interdistrict transfer request received by the district more than 15 days before the commencement of instruction in the school year for which the interdistrict transfer is sought, the district will notify the parent/guardian of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which transfer is sought.
6. The conditions under which an existing interdistrict transfer permit may be revoked or rescinded
Priority for interdistrict attendance shall be given to a student who has been determined, through an investigation by either the district of residence or district of proposed enrollment, to be a victim of an act of bullying as defined in Education Code 48900(r) committed by a student of the district of residence.
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 5131.2 - Bullying)
Until the district is at maximum capacity, the district shall accept any student whose interdistrict transfer application is based on being the victim of an act of bullying or a child of an active duty military parent/guardian. The district shall ensure that such students are admitted through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a student should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Education Code 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status. (Education Code 46600)
In addition, the Superintendent or designee may approve an interdistrict attendance permit for a student for any of the following reasons when stipulated in the agreement
1. To meet the child care needs of the student only as long as the student's child care provider remains within district boundaries.
(cf. 5148 - Child Care and Development)
2. To meet a child's special mental or physical health needs, as certified by a physician, school psychologist or other appropriate school personnel.
(cf. 6159 - Individualized Education Program)
3. When the student has a sibling attending school in a receiving district, to avoid splitting the family's attendance.
4. To allow students to remain with a class graduating that year from an elementary or middle school.
5. When the parent/guardian provides written evidence (e.g. copy of a lease; completed escrow papers) that the family will be moving to the receiving district in the immediate future and would like the student to start the school year in that district.
6. When there is valid interest in a particular educational program not offered in the district of residency.
7. When the student is a child of an employee of the district.
(cf. 5113.1 - Chronic Absence and Truancy)
(cf. 5113.12 - District School Attendance Review Board)
Every interdistrict attendance permit shall stipulate the terms and conditions under which the permit may be revoked. (Education Code 46600)
Interdistrict transfers may occur when class enrollments in the district will permit the addition of nonresident students. Continuing interdistrict transfer students must reapply on a yearly basis to attend the following year. Notification of placement will be made prior to the end of each school year. Annual renewal shall take place in the spring of each school year allowing school site administrators an opportunity to review each applicant, attendance, any disruptions of the educational program, or failure to progress towards meeting district standards, prior to requesting interdistrict attendance renewals.
If the transfer request is for a school year that begins within 15 calendar days of the receipt of the request, the Superintendent or designee shall notify the parent/guardian of the final decision within 30 calendar days of receiving the request. If the transfer request is for a school year that begins more than 15 calendar days after the receipt of the request, the parent/guardian shall be notified of the final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction during that school year. (Education Code 46600.2)
Interdistricts Based on Child Care Needs
Interdistrict transfers for continuing students shall be approved on an annual basis subject as long as the student continues to receive child care in the district. A student's interdistrict agreement may be denied or revoked because of falsified information on the application, unsatisfactory attendance, disruption of the educational program, or failure to progress towards meeting district standards.
Transportation shall not be provided for students attending on an interdistrict agreement.
(cf. 3250 - Transportation Fees)
(cf. 3540 - Transportation)
Denial of Interdistrict Transfer Agreement
The Superintendent may deny initial requests for interdistrict attendance agreements for capacity considerations of a program, class, grade level, school building or adverse financial impact. If a student's interdistrict transfer request is denied, the Superintendent or designee shall, in writing, provide parent/guardians of their right to appeal to the County Board of Education within 30 calendar days from the date of the final denial. (Education Code 46600.2)
(cf. 5145.6 - Parental Notifications)
All notices to parents/guardians regarding the district's decision on any request for interdistrict transfer shall conform to the translation requirements of Education Code 48985, and may be provided by regular mail, electronic format if the parent/guardian provides an email address, or by any other method normally used to communicate with parents/guardians in writing. (Education Code 46600.2)
Pending a decision by the two districts or by the County Board on appeal, the Superintendent or designee may provisionally admit a student who resides in another district for a period not to exceed two school months, provided the district is the district of proposed enrollment. If the decision has not been rendered by the conclusion of two school months and the districts or County Board is still operating within the prescribed timelines, the student shall not be allowed to continue attending the district school to which the student was provisionally admitted. (Education Code 46603)
Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion. (Education Code 46601)
(cf. 5119 - Students Expelled from Other Districts)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
A student's interdistrict agreement may be denied or revoked because of falsified information on the application, unsatisfactory attendance, disruption of the educational program, or failure to progress towards meeting district standards. Once a student is admitted, the district shall not deny continued attendance under his/her current annual agreement because of overcrowded facilities at the relevant grade level.
(cf. 5144 - Discipline)
(cf. 5119 - Students Expelled from Other Districts)
Regulation CAMPBELL UNION SCHOOL DISTRICT
approved: December 17, 1998 Campbell, California
revised: October 14, 2010
revised: May 26, 2011
revised: March 1, 2012
revised: June 20, 2013
revised: January 18, 2018
revised: June 13, 2019
revised: March 10, 2020