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Newport-Mesa USD |  AR  5117  Students

Interdistrict Attendance   

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Interdistrict Attendance Permits

The Superintendent or designee may approve an interdistrict attendance permit for a student for any of the following reasons:

1. To allow the student to remain until the next natural school break when his/her parents/guardians have moved out of the district during that year

2. To consider allowing the student to remain with a class graduating that year from an elementary, junior, or senior high school

3. To allow a high school senior attend the same school he/she attended as a junior, even if his/her family moved out of the district during the junior year

Interdistrict attendance permits or applications shall not be required for students enrolling in a regional occupational center or program. (Education code 52317)

When the student has been determined by staff of either the district of residence or district

Of proposed attendance to be a victim of an act of bullying as defined in Education Code

48900(r). Such a student shall be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, shall be given consideration for the creation of a new permit. (Education Code 46600)

The Superintendent or designee may deny initial requests for interdistrict attendance permits if school facilities are overcrowded at the relevant grade level or based on other considerations that are not arbitrary. However, once a student is admitted, the district may not deny him/her continued attendance because of overcrowded facilities at the relevant grade level.

Within 30 days of a request for an interdistrict permit, the Superintendent or designee shall notify the parents/guardians of a student who is denied interdistrict attendance regarding the process for appeal to the County Board of Education as specified in Education Code 46601. (Education Code 46601)

(cf. 5145.6 - Parental Notifications)

Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict attendance denials or decisions while expulsion proceedings are pending, or during the term of the expulsion. (Education Code 46601)

(cf. 5119 - Students Expelled from Other Districts)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

Open Enrollment Act Transfers

1. A parent or guardian of a student attending a school located in another school district and which is identified on the State-approved Open Enrollment List may apply to a school in this district with a higher academic performance index ("API") than the student's current school of residence.

2. Students of parents/guardians who submit applications to the district during the application period will be eligible for admission to their chosen "school of enrollment" on the first day of school of the following school year, after consideration by the district of the application pursuant to the procedures in BP 5116.1 and AR 5116.1 regarding interdistrict enrollment.

3. If more parents/guardians request a particular school than the number of spaces available, students will be selected through a random, unbiased lottery process. Priority for approval will be given to siblings of children already attending the desired school, and students transferring from a program improvement school ranked in decile 1 on the API.

4. The Superintendent or designee shall provide written notification to applicants as to whether their applications have been approved or denied. If the application is denied, the reasons for denial shall be stated in the notice. If the application is approved the name and address of the school to which the student has been admitted will be stated in the notice.

5. The Superintendent or designee will adopt specific, written standards of acceptance which considers the capacity of a program, class, grade level, school building, or adverse financial impact.

6. The acceptance standards will not include consideration of the pupil's previous academic achievement, physical condition, proficiency in the English language, family income, disability, gender, nationality, race or ethnicity, religion, or sexual orientation.

7. The Superintendent or designee shall determine the capacity of schools in the district.

8. A wait list will be established to indicate the order in which applicants may be accepted if openings occur during the next school year. Late applicants will not be added to the wait list.

9. Once enrolled in a school pursuant to an interdistrict transfer permit, students will not need to reapply for an interdistrict transfer, and the student will be allowed to continue to attend the school in which he or she is enrolled.

However, 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 students entering grade 12 for the following school year.

10. Once admitted, a transfer student who wishes to promote to a district middle school or high school, or transfer to another district school, shall reapply for admission to the new school pursuant to the requirements of Board policy and administrative regulation.

11. If accepted to a district school, the pupil must enroll on or before the first day of school, or not later than 14 calendar days from the date of the district's notification of approval of the student's application, whichever is later. If the student fails to enroll within the above timeframe the school of enrollment is not required to enroll the student.

12. Any complaints regarding the selection process shall be submitted to the Superintendent's office, in writing. The sole basis for an appeal shall be the parent's/guardian's belief that these procedures have not been followed. The decision by the Superintendent or designee shall not be overturned unless a competent court of law determines that the district acted in an "arbitrary and capricious manner."

13. Application procedures:

a. Parents/guardians may secure application forms for the requested school or program at the district office.

b. In order to ensure that priorities for enrollment in district schools are implemented in accordance with law, the Board hereby waives the January 1 deadline in Education Code 48354 for all applications for transfer from non-resident parents/guardians of children attending a school on the Open Enrollment List. Transfer applications shall be submitted to the district office beginning January 15 and ending on March 15 of the preceding school year for which the transfer is requested. Regardless of the date of submission, all applications will be considered "received" by the school district on March 15. If the parent with whom the student resides is enlisted in the military and has been relocated by the military within 90 days prior to submitting the application, the application deadline does not apply.

c. Parents/guardians will be notified, in writing, within 60 days of the school district's receipt of the application, or no later than May 15 of that school year, whether the application has been approved or rejected, and the name and address of the school to which the student has been admitted. If an application is rejected, the notification must include the reason for the rejection.

d. Students will be selected through a random, unbiased process that prohibits consideration of individual academic or athletic performance.

e. An application for enrollment will be denied if the enrollment would displace a student who resides within the attendance area of the school or a student who is currently enrolled in the school.

f. A transfer may be prohibited if it would negatively impact a court-ordered or voluntary desegregation plan, or any policy regarding the racial and ethnic balance of the district.

g. Students residing in the district will be given priority enrollment over students residing in another school district.

h. Applicants for enrollment in a magnet school or a program for gifted and talented students will be required to satisfy the entrance requirements identified for all students in that program.

i. Parents/guardians are responsible for transporting their child/children to school. District bus transportation will not be provided to students. Parents are responsible for ensuring that their student has regular and timely attendance.

j. All students and schools are subject to all California Interscholastic Federation rules and regulations relating to athletic eligibility and students' schools of attendance. The district makes no guarantees of California Interscholastic Federation eligibility to students who elect to transfer under this policy.


approved: February 12, 2013 Costa Mesa, California