Oceanside USD | BP 5117 Students
Interdistrict Attendance, Agreements, And Permits
The Board of Education recognizes students generally must attend school in the district where their parents/guardians reside, although the Board of Education recognizes justifiable reasons for occasional interdistrict transfers. Upon request, the Superintendent or designee may accept students from another district and may also allow students who live within the district to attend out-of-district schools, on a case-by-case basis. The district shall not knowingly accept students who are not district residents without an interdistrict attendance permit. Each interdistrict attendance permit shall not exceed a term of five years and shall stipulate the terms and conditions under which attendance shall be permitted or denied (Education Code 46600). After contracts have been approved by the Board, it shall be the responsibility of the Superintendent or authorized representative to issue permits under the agreement.
Interdistrict attendance permit applications shall be submitted between the first school day after winter break in January through April 30. The Superintendent or designee may deny applications for interdistrict attendance permits if the school's facilities are overcrowded and based on other considerations that are not arbitrary. Transfers for students who move out of the district without informing the school and without filing an interdistrict attendance permit application within 30 days of the change in residency may also be denied.
The Board has determined the district is being negatively impacted by the number of students requesting transfers to neighboring districts. Therefore, the Board authorized the Superintendent or designee to deny transfers to other districts for students living in the district.
(cf. 0520.3 - Title I Program Improvement Districts)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5118 - Open Enrollment Act Transfers)
Interdistrict Attendance Agreements and Permits
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 agreement shall specify the terms and conditions under which interdistrict attendance shall be permitted or denied. It also may contain standards agreed to by both districts for reapplication and/or revocation of the student's permit. (Education Code 46600)
Upon receiving a permit for transfer into the district that has been approved by the student's district of residence, or upon receiving a written request from the parent/guardian of a district student who wishes to enroll in another district, the Superintendent or designee shall review the request and may approve or deny the permit subject to the terms and conditions of the interdistrict attendance agreement.
The district shall not provide transportation beyond any school attendance area. Upon request of a student's parent/guardian, the Superintendent or designee may authorize transportation for an interdistrict transfer student to and from designated bus stops within the attendance area of the school that the student attends if space is available.
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)
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 OCEANSIDE UNIFIED SCHOOL DISTRICT
adopted: February 8, 2011 Oceanside, California
revised: December 10, 2013
revised: December 17, 2019