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Newport-Mesa USD |  BP  5117  Students

Interdistrict Attendance   

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The Governing Board recognizes that students who reside in one district may choose to attend school in another district and that such choices are made for a variety of reasons.

The Board desires to communicate with parents/guardians and students regarding the district's educational programs and services.

Upon request by students' parents/guardians, the Superintendent or designee may approve interdistrict attendance permits with other districts on a case-by-case basis to meet individual student needs.

The district reserves the right to deny requests for interdistrict transfers if it places a financial burden on the district and/or a school has reached its capacity.

The Superintendent or designee may deny interdistrict attendance permits because of overcrowding within district schools or limited district resources.

If an interdistrict attendance transfer is granted under Education Code 46600, students will not need to reapply for an interdistrict transfer, and the student shall be allowed to continue to attend the school in which he or she is enrolled, except as specified below.

If the district of residence and district of attendance have entered into an agreement for interdistrict attendance, the agreement may contain standards for reapplication that may not allow continued attendance. The agreement may also stipulate terms and conditions under which the interdistrict permit may be revoked.

Neither a district of residence nor a district of attendance may rescind existing transfer permits for pupils entering grade 12 for the following school year.

Open Enrollment Act

Commencing in the 2011-2012 school year, and upon application by parents/guardians of students whose school of residence appears on the State-adopted Open Enrollment List, the Superintendent or designee may approve attendance at a district school with a higher Academic Performance Index.

The district reserves the right to deny requests for Open Enrollment Act transfers based on the capacity of a program, class, grade level, school building, or adverse financial impact.

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

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

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

Management Resources:

WEB SITES

CSBA: http://www.csba.org

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

Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT

adopted: September 13, 2011 Costa Mesa, California