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Hope ESD  |  AR  5117  Students

Interdistrict Attendance   

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No new interdistrict transfer students will be accepted as of March 7, 2006, except as noted in Board Policy 5111.1 for children of qualified Hope School district staff and Santa Barbara County Education Office employees.

(cf. 5111-Admission)

(cf. 5111.1-District Residency)

Interdistrict transfers may be granted pursuant to the following procedures:

1. Priority for new interdistrict transfers for children of qualified Hope School district staff and Santa Barbara County Education Office employees shall be placed 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.

If there is more than one application for an opening, among similarly ranked personnel a lottery shall be held for that opening. The lottery shall be held no later than August 20 each year. Neither children of employees, nor their siblings, shall have any priority for placement over intradistrict applicants.

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.

3. No transportation shall be provided for any student transferring into the district unless it is the requirement of an Individualized Education Plan (IEP) for that student.

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

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

52317 Regional occupational center/program, enrollment of students, interdistrict attendance

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

Regulation HOPE SCHOOL DISTRICT

approved: June 2005 Santa Barbara, California

revised: January 22, 2013