Oakley Union SD | AR 5117 Students
Interdistrict Attendance Agreements and Permits
In accordance with an agreement between the Board of Trustees and the board of another district, a permit authorizing a student in grades TK-8 of either district to enroll in the other district may be issued upon approval of both districts.
The district shall post on its web site the procedures and timelines for requesting an interdistrict transfer permit, including a link to BP 5117 - Interdistrict Attendance. The posted information shall include, but is not limited to: (Education Code 46600.1, 46600.2)
1. The date upon which the district will begin accepting and processing interdistrict transfer requests for the following school year
2. The reasons for which the district may approve or deny a request, and any information or documents that must be submitted as supporting evidence
3. If applicable, the process and timelines by which a denial of a request may be appealed within the district before the district renders a final decision
4. A statement that failure of a parent/guardian to meet any timelines established by the district shall be deemed an abandonment of the request
5. Applicable timelines for processing a request, including the following statements:
a. For an interdistrict transfer request received by the district 15 or fewer calendar days before the commencement of instruction in the school year for which the transfer is sought, the district will notify the parent/guardian of its final decision within 30 calendar days from the date the request was received.
b. For an interdistrict transfer request received by the district more than 15 days before the commencement of instruction in the school year for which the interdistrict transfer is sought, the district will notify the parent/guardian of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which transfer is sought.
6. The conditions under which an existing interdistrict transfer permit may be revoked or rescinded
Priority for interdistrict attendance shall be given to a student who has been determined by staff of either the district of residence or district of proposed enrollment to be a victim of an act of bullying, as defined in Education Code 48900(r), committed by a student of the district of residence. (Education Code 46600)
In addition, the Superintendent or designee may approve an interdistrict attendance permit for a student for any of the following reasons when stipulated in the agreement:
1. To meet the child care needs of the student, only as long as the student's child care provider remains within district boundaries and the parent/guardian can provide proof of such childcare.
2. To meet the student's special mental or physical health needs as certified by a physician, school psychologist, or other appropriate school personnel
3. When the student has a sibling attending school in the receiving district, to avoid splitting the family's attendance
4. To allow the student to complete a school year when the student's parents/guardians have moved out of the district during that year
5. To allow the student to remain with a class graduating that year from an elementary, middle, or senior high school
6. When the parent/guardian provides written evidence that the family will be moving into the district in the immediate future and would like the student to start the school year in the district
7. When the student will be living out of the district for one year or less
8. When there is valid interest in a particular educational program not offered in the district of residence
9. To provide a change in school environment for reasons of personal and social adjustment
The interdistrict attendance permit shall stipulate the terms and conditions under which the permit make be revoked. (Education Code 46600) Interdistrict transfer permits are only good for one school year and student must reapply every year.
The Superintendent or designee may deny initial requests for interdistrict attendance permits due to limited district resources, overcrowding of school facilities at the relevant grade level, or other considerations that are not arbitrary. However, once a student is admitted, the district shall not deny continued attendance because of overcrowded facilities at the relevant grade level.
If the transfer request is for a school year that begins within 15 calendar days of the receipt of the request, the Superintendent or designee shall notify the parent/guardian of the final decision within 30 calendar days of receiving the request. If the transfer request is for a school year that begins more than 15 calendar days after the receipt of the request, the parent/guardian shall be notified of the final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction during that school year. (Education Code 46600.2)
If a student's interdistrict transfer request is denied, the Superintendent or designee shall, in writing, notify the parents/guardians of their right to appeal to the County Board of Education within 30 calendar days from the date of the final denial. (Education Code 46600.2)
In exercising discretion whether to grant or deny an interdistrict transfer request for any student in grades TK-8, the Superintendent may deny a request under the following circumstances:
1. A student who is attending a district school under an interdistrict transfer permit shall not attend any school at the expense of a child who resides in the district.
2. Approval of the request would require the addition of a special program, service or class.
3. The transferring student is determined to undermine the educational environment of the district due to an established disciplinary record, prior poor attendance, refusal to agree to abide by school rules or other similar information as determined from the student's school record and as otherwise determined by the district.
4. The transferring student or his parents/guardians refuse to comply with the processes required for evaluation of an applicant for transfer, including refusal to agree to the student transfer contract, refusal to provide information required by the Superintendent or designee to aid in the evaluation of the transfer request, and/or the provision of misinformation or false information.
5. For other such circumstances which, at the discretion of the Superintendent or designee, justify the denial of the permit.
Evaluation of Transferring Students
The Superintendent or designee may require, as part of the evaluation of an interdistrict transfer request, that a student or his parents/guardians provide information regarding the educational, disciplinary and criminal history of the student applicant. The district may, as part of this evaluation, require the presentation of student records from the transferring district.
The Superintendent or designee may further require that a student and his parents/guardians sign an acknowledgment of the rights of the district to revoke the interdistrict transfer permit under circumstances as set forth in these regulations.
The purpose of this request for information shall be to assist in the determination of whether the student will cost the district more than the additional state aid received for that student, whether the student will undermine the educational environment of the district, or to evaluate any of the other criteria listed herein for determination of the acceptance or rejection of an interdistrict transfer request. This information shall not be used to deny an interdistrict transfer based upon the disabled status of the student nor on the basis of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration.
Pending a decision by the two districts or by the County Board on appeal, the Superintendent or designee may provisionally admit a student who resides in another district for a period not to exceed two school months, provided the district is the district of proposed enrollment. If the decision has not been rendered by the conclusion of two school months and the districts or County Board is still operating within the prescribed timelines, the student shall not be allowed to continue attending the district school to which the student was provisionally admitted. (Education Code 46603)
Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending or during the term of the expulsion. (Education Code 46601)
Revocation of Interdistrict Transfer Permits
Pursuant to Board Policy 5117, an interdistrict transfer permit may be revoked by the Superintendent or designee at any time for any of the following reasons:
1. Student misconduct, including, but not limited to, a violation of law, school rule or school directive, whether or not such misconduct constitutes a violation of Education Code 48900, et seq.
2. Failure of the student to maintain a satisfactory record of attendance.
3. Failure of the student to make an effort to maintain appropriate grades. Class size limits are not satisfactorily maintained.
5. Continued attendance would require the addition of a special program, service or class.
6. Continued attendance would displace a resident student in light of class size limitations or other considerations.
7. Failure of the parent/guardian to arrange for their child to be picked up at dismissal time unless he or she is under the direct supervision of a teacher for a specified reason (athletics, band, etc.).
8. Failure of the parent/guardian to provide adequate supervision or childcare before or after school.
9. Failure of the parent/guardian to comply with reasonable requests by the district.
10. Any misrepresentation on the interdistrict transfer application or enrollment packet that is discovered by the district.
If a student's interdistrict transfer permit is revoked by the district, the student may not reapply for another interdistrict transfer permit to return to school in the district for the following two school years.
Transfers Out of the District
Pursuant to Board Policy 5117, transfers out of the district shall be denied to the extent permitted by law, except as follows:
1. To accommodate a request by a parent/guardian due to the place of employment of the parent/guardian. Parent/guardian must submit proof of employment within the boundaries of the district they are requesting the student attend.
2. To accommodate a request by a parent/guardian to accommodate the childcare needs of the student. Parent/guardian must submit proof of childcare within the boundaries of the district they are requesting the student attend.
3. Under exceptional circumstances at the discretion of the Superintendent or designee.
4. Transfers may only be approved for the school year for which the application was submitted in order to allow a student who recently moved to the District to finish the school year at the school the student was attending before the move.
A student whose parent/guardian is in active military duty shall not be prohibited from transferring out of the district, provided the school district of proposed enrollment approves the application for transfer. (Education Code 46600, 48307)
Regulation OAKLEY UNION ELEMENTARY SCHOOL DISTRICT
approved: September 18, 2002 Oakley, California
revised: January 21, 2004
revised: June 16, 2004
revised: March 12, 2014
revised: August 17, 2016
revised: June 5, 2019