La Canada USD | BP 5117 Students
District residency status may be granted to a student if at least one parent/guardian is physically employed within district boundaries. (Education Code 48204)
(cf. 5111.1 - District Residency)
(cf. 5117 - Interdistrict Residency)
Transfers into the District
The Board recognizes that to the extent available resources and programs exist, the District may be able to serve additional students and directs that requests to transfer into the District be considered pursuant to the following policy and the Education Code. The Superintendent or designee shall consider incoming transfer requests pursuant to the following criteria:
1. Evaluation of requests shall be made on a case-by-case basis, with special consideration given to the impact a transfer may have upon class sizes and school resources, pursuant to Administrative Regulations to be adopted in compliance with this policy.
2. District residents shall have priority in attendance. Approval of any interdistrict transfer request is subject to class sizes at the receiving school. A student who is not a resident in the attendance area of the receiving school shall not attend that school at the expense of a student who resides in that school's attendance area.
3. The Superintendent or designee shall not admit or refuse to admit students on the basis of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration.
4. The Superintendent or designee may grant or deny transfer requests pursuant to Administrative Regulations or other special considerations as deemed proper by the Superintendent or designee. The Superintendent shall present an annual report to the Board on current and pending transfers.
Placement within District for Students Attending Pursuant to Interdistrict Transfer Permit
Because the Board recognizes the importance of small class size and the potential for overcrowding within some of the district schools and because of potentially limited district resources at certain schools, an interdistrict transfer permit shall not be granted for any particular school site. The Superintendent or designee is directed to consider class size and resource limitations at certain schools in determining placement of students attending within the district pursuant to an interdistrict transfer permit. A student who is not a resident in the attendance area of the receiving school shall not attend that school at the expense of a student who resides in that school attendance area.
Any policies or regulations within the district regarding intra-district transfers shall not apply to student attending school within the district pursuant to an interdistrict transfer permit. A student attending school within the district pursuant to an interdistrict transfer permit may be placed at any school within the district at the sole direction of the Superintendent or designee pursuant to this policy and accompanying regulations. This placement may be changed by the Superintendent or designee at any time at the sole discretion of the Superintendent or designee.
There shall be no right to appeal the Superintendent or designee's placement.
Transportation of Interdistrict Transfer Students
The district shall have no obligation to provide transportation to and from school for any student attending school within the district pursuant to an interdistrict transfer permit.
Transfers Out of District
Because of the negative impact upon district schools, the Board discourages transfers out of the district and shall prohibit such transfers to the extent permitted by law and as set forth in the Administrative Regulations. The Superintendent or designee shall retain the right to review annually requests for transfer and to revoke any such transfer should the original grounds supporting the grounds for transfer change. The Superintendent or designee shall also have the right to revoke a transfer if the transfer results in additional cost of education resulting from charge-backs exceeding the amount of additional revenue received, if the transfer exceeds the numerical cap on transfers, if any, set forth in Education Code 48204 (f)(6).
Parental Notification of Decisions Regarding Interdistrict Transfer
If the Superintendent or designee denies an interdistrict transfer the parent/guardian shall receive timely notice, in accordance with the law, regarding the process for appeal before the County Board of Education. This notice shall be provided by the district denying the request. This notice shall be provided within 14 calendar days of the commencement of instruction, if the application has been submitted no later than 30 calendar days before the commencement of instruction of the school year in which the transfer becomes effective (an application for a current term transfer). The district shall provide such notice within 30 days of the request whether the district denies the request or fails to act upon the request.
If the Superintendent or designee accepts an interdistrict transfer request, the parent/guardian shall receive notice of grounds for revocation of the acceptance and of the parent/guardian' responsibility to transport student.
41020 Annual district audits
48204 Residency requirements for school attendance
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)
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
Transfer Law Comparison, Fact Sheet, March 2011
California Department of Education: http://www.cde.ca.gov
Policy LA CANADA UNIFIED SCHOOL DISTRICT
adopted: December 8, 2009 La Canada Flintridge, California