The Board of Education recognizes students generally must attend school in the district where their parents/guardians reside, although the Board of Education recognizes justifiable reasons for occasional interdistrict transfers. Upon request, the Superintendent or designee may accept students from another district and may also allow students who live within the district to attend out-of-district schools, on a case-by-case basis.
The Board may enter into an agreement with any other school district, for a term not to exceed five school years, for the interdistrict attendance of students who are residents of the districts. (Education Code 46600)
The agreement shall specify the terms and conditions under which interdistrict attendance shall be permitted or denied. It also may contain standards agreed to by both districts for reapplication and/or revocation of the student's permit. (Education Code 46600)
Upon receiving a permit for transfer into the district that has been approved by the student's district of residence, or upon receiving a written request from the parent/guardian of a district student who wishes to enroll in another district, the Superintendent or designee shall review the request and may approve or deny the permit subject to the terms and conditions of the interdistrict attendance agreement.
Interdistrict attendance permit applications shall be submitted during the designated window established by the district. The Superintendent or designee may deny applications for interdistrict attendance permits if the school's facilities are overcrowded and based on other considerations that are not arbitrary.
The Board has determined the District is being negatively impacted by the number of students requesting transfers to neighboring districts. Therefore, the Board authorizes the Superintendent or designee to deny transfers to other districts for students living in the district.
(cf. 0520.3 - Title I Program Improvement Districts)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5118 - Open Enrollment Act Transfers)
Transportation
Transportation shall not be provided for students attending district schools on an interdistrict attendance permit.
Legal Reference:
EDUCATION CODE
41020 Annual district audits
46600-46611 Interdistrict attendance agreements
48204 Residency requirements for school attendance
48300-48316 Student attendance alternatives, school district of choice program
48350-48361 Open Enrollment Act
48900 Grounds for suspension or expulsion; definition of bullying
48915 Expulsion; particular circumstances
48915.1 Expelled individuals: enrollment in another district
48918 Rules governing expulsion procedures
48980 Notice at beginning of term
ATTORNEY GENERAL OPINIONS
87 Ops.Cal.Atty.Gen. 132 (2004)
84 Ops.Cal.Atty.Gen. 198 (2001)
COURT DECISIONS
Walnut Valley Unified School District v. the Superior Court of Los Angeles County, (2011) 192 Cal.App.4th 234
Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275
Management Resources:
CSBA PUBLICATIONS
Transfer Law Comparison, Fact Sheet, March 2011
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
Policy FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT
adopted: February 6, 2017 Fallbrook, California