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Fallbrook Union HSD |  AR  5117  Students

Interdistrict Attendance Agreement   

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In accordance with an agreement between the Board of Trustees and the board of another district, a permit authorizing a student's attendance outside his/her district of residence may be issued upon approval of both the district of residence and the district of proposed attendance.

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. When the student has been determined by staff of either the district of residence or district of proposed attendance 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. Such a student shall be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, shall be given consideration for the creation of a new permit. (Education Code 46600)

(cf. BP 5131.2- Bullying)

2. To meet the child care needs of the student. Such a student may be allowed to continue to attend district schools only as long as he/she continues to use a child care provider within district boundaries.

3. To meet the student's special mental or physical health needs as certified by a physician, school psychologist, or other appropriate school personnel.

(cf. BP 6159- Individualized Education Program)

4. When the student has a sibling attending school in the receiving district, to avoid splitting the family's attendance.

5. To allow the student to complete a school year when his/her parents/guardians have moved out of the district during that year.

6. To allow the student to remain with a class graduating that year from an elementary, middle, or senior high school.

7. When the parent/guardian provides written evidence that the family will be moving into the district in the immediate future and would like the student to start the school year in the district.

8. When the student will be living out of the district for one year or less.

9. When recommended by the school attendance review board or by county child welfare, probation, or social service agency staff in documented cases of serious home or community problems which make it inadvisable for the student to attend the school of residence.

(cf. BP 5113.1- Chronic Absence and Truancy)

10. When there is valid interest in a particular educational program not offered in the district of residence.

11. To provide a change in school environment for reasons of personal and social adjustment.

12. To allow the student to complete a school year when his/her parents/guardians have moved out of the district during that school year.

13. When the student has a parent or guardian who is a full-time employee of the school district of desired attendance.

The Superintendent or designee may deny initial requests for interdistrict attendance permits due to limited district resources, overcrowding of school facilities at the relevant grade level, or other considerations that are not arbitrary. However, once a student is admitted, the district may not deny him/her continued attendance because of overcrowded facilities at the relevant grade level.

The Board has determined the district is being negatively impacted by the number of students requesting transfers to neighboring districts. Therefore, the Board has authorized the Superintendent or designee to deny transfers to other districts for students living in the district.

(cf. BP 0410 - Nondiscrimination in District Programs and Activities)

For interdistrict permits requested during the regular school year (excluding extended school year), the Superintendent or designee shall notify the parents/guardians of the district's decision to deny the interdistrict attendance request and the process for appeal to the County Board of Education as specified in Education Code 46601, within 30 calendar days of the district's receipt of the request. (Education Code 46601)

For interdistrict permits requested twenty-nine days or less before the first day of the regular school year, the Superintendent or designee shall notify the parents/guardians of the district's decision to deny the interdistrict attendance request and the process for appeal to the County Board of Education as specified in Education Code 46601, within 30 calendar days of the request. (Education Code 46601)

For interdistrict permit requests received after the last day of the regular school year (excluding extended school year), and up to thirty days prior to the start of the subsequent regular school year, the Superintendent or designee shall notify the parents/guardians of the district's decision to deny the interdistrict attendance request and the process for appeal to the County Board of Education as specified in Education Code 46601, within 14 calendar days of the start of the subsequent school year. (Education Code 46601)(cf. BP 5145.6- Parental Notifications)

The parents/guardians of a student may appeal the district's denial of an interdistrict attendance request by submitting a written appeal to the district's superintendent or designee within 5 calendar days of the district's decision. The district superintendent may require a meeting with parents/guardians. The district superintendent or designee will notify parents/guardians of the appeal decision within 10 calendar days of receipt of the request.

Pending a decision by the two districts or an appeal by the County Board, the Superintendent or designee may provisionally admit a student who resides in another district for a period not to exceed two school months. (Education Code 46603)

Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict attendance denials or decisions while expulsion proceedings are pending or during the term of the expulsion. (Education Code 46601)

Interdistrict attendance permits shall not be required for students enrolling in Regional Occupational Programs (ROP)

Interdistrict attendance permits shall not be required for students who reside in another district and are placed in the district's Special Education programs by their IEP team via an intra- special education local plan area (SELPA) or inter-SELPA agreement.

Secondary students who wish to participate in interscholastic athletic activities shall abide by all California Interscholastic Federation (CIF) eligibility rules and regulations.

The district may accept completed work, attendance, and other academic progress credited to an accepted student by any district(s) he/she previously attended and may grant academic standing to the student based upon the district's evaluation of the student's academic progress. (Education Code 48309)

The district may revoke an interdistrict transfer if the student is recommended for expulsion pursuant to Education Code 48918 (Education Code 48309).

Each permit shall stipulate the terms and conditions established by both districts under which interdistrict attendance shall be permitted, denied, or revoked, and any standards for reapplication. Existing interdistrict attendance permits shall not be rescinded for students entering grade 11 or 12 in the subsequent school year. (Education Code 46600)

Conditions that may result in revocation include falsification of information stated on the permit application, unsatisfactory attendance, continual disruption, or poor academic achievement.

(cf. BP 5119 - Students Expelled from Other Districts)

(cf. BP 5144.1 - Suspension and Expulsion/Due Process)

Regulation FALLBROOK UNION HIGH SCHOOL DISTRICT

adopted: May 9, 1995 Fallbrook, California

revised: June 22, 2009

revised: March 14, 2011

revised: January 28, 2013

revised: January 13, 2014

revised: April 27, 2015

revised: September 15, 2015