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Hope ESD  |  BP  5117  Students

Interdistrict Attendance   

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Although students generally must attend school in the district where their residency has been established, the Board of Trustees recognizes justifiable reasons for occasional interdistrict transfers, through the Interdistrict Transfer Agreement policy with other districts.

(cf. 5111-Admission)

(cf. 5111.1-District Residency)

Upon request, the district may accept students from another district and may also allow students who live within the district to attend out-of-district schools. Interdistrict transfers may be granted pursuant to the following procedures:

1. Priority for new interdistrict transfers shall be granted to children of employees of the district, in the following order. "Children" shall be limited to each employee's immediate family, including step children living with them at least 50% of the time:

a. Full-time certificated personnel;

b. Full-time classified personnel;

c. Part-time certificated personnel;

d. Part-time classified personnel.

Within the above rankings, siblings of currently enrolled interdistrict transfers shall have priority for enrollment over other interdistrict applicants. If there is more than one application for an opening, among similarly ranked personnel, a lottery shall be held for that opening. Neither children of employees, nor their siblings, shall have any priority for placement over intradistrict applicants.

To enjoy this priority, employees must make application for interdistrict transfers to the district office by May 1st of each year. An employee making application after this cut-off date is not entitled to priority.

2. Interdistrict transfers for established students must be renewed yearly, although established students will not have to participate in the lottery. While priority will be given to returning interdistrict transfers over new intra- or interdistrict transfer requests, no guarantees for continuing enrollment in subsequent school years are made to any interdistrict transfer student. A student previously admitted as an interdistrict transfer may be subject to displacement due to excessive in-district enrollment.

3. No later than July 1st of each year, current interdistrict students will be notified, in writing, that they may be subject to displacement for the following school year, due to excessive enrollment.

4. No established interdistrict transfer student shall be granted a request for an intradistrict transfer. Any established interdistrict student must go through the interdistrict lottery process if he or she wishes to change schools within the district.

5. No priority shall be given for children whose childcare is within the boundaries of the district.

6. The district has not implemented the provisions in Education Code 48204f. No priority shall be given to families in which one or both parents/guardians work within the geographical boundaries of the district, other than employees of the district.

7. No transportation shall be provided for any student transferring into the district.

8. The district administration may retain a number of open spaces at each grade level, if necessary, to allow for natural growth within the district in any given school year.

9. All other interdistrict requests shall be determined on a case-by-case basis by the district administration.

10. The Board retains the authority to maintain appropriate socio-economic and ethnic balances among district schools (Education Code 35160.5). The district may, in its discretion and by vote of the Board, determine that either no intradistrict or no interdistrict transfers will be granted for any of the district schools where such determination is based upon the socio-economic balance of the district schools, the need to establish stability in the school enrollment, or where it is determined that it would be in the district's best interests.

11. The district reserves the right to refuse to accept any interdistrict application for any reason determined to be in the best interests of the district.

The district shall not knowingly accept students who are not district residents without an interdistrict attendance permit. (Education Code 52317)

A student's interdistrict agreement may be revoked because of violations of district rules, attendance problems including excessive absences and tardies, and policies governing student conduct.

(cf. 5144 - Discipline)

Denial of Transfer

The parent/guardian of a student who is denied a transfer shall receive timely notice, in accordance with law, regarding the process for appeal to the County Board of Education. This notice shall be provided by the district denying the request, or, in the absence of an agreement between the districts, by the district of residence.

Legal Reference:

EDUCATION CODE

46600-46611 Interdistrict attendance agreements

48204 Residency requirements for school attendance

48300-48315 Student attendance alternatives

48915 Expulsion; particular circumstances

48915.1 Expelled individuals: enrollment in another district

48918 Rules governing expulsion procedures

48980 Notice at beginning of term

52317 ROP, enrollment of students, interdistrict attendance

GOVERNMENT CODE

6250-6270 Public Records Act

ATTORNEY GENERAL OPINIONS

84 Ops.Cal.Atty.Gen. 198 (2001)

87 Ops.Cal.Atty.Gen. 132 (2004)

COURT DECISIONS

Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275

Management Resources:

WEB SITES

California Department of Education: http://www.cde.ca.gov

CSBA: http://www.csba.org

Policy HOPE SCHOOL DISTRICT

adopted: October 14, 2019 Santa Barbara, California