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Oceanside USD |  BP  5117  Students

Interdistrict Attendance   

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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 district. 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 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 Superintendent or designee shall ensure that interdistrict permits specify the terms and conditions agreed to by both districts for the granting, denial, or revocation of the permit as well as the standards for reapplication.

The Superintendent or designee may deny the granting of an interdistrict attendance permit because of overcrowding within district schools or limited district resources.

Transportation

Transportation shall not be provided for students attending district schools on an interdistrict attendance permit.

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

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)

COURT DECISIONS

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

Management Resources:

CSBA PUBLICATIONS

Transfer Law Comparison, Fact Sheet, March 2011

WEB SITES

CSBA: http://www.csba.org

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

Policy OCEANSIDE UNIFIED SCHOOL DISTRICT

adopted: February 8, 2011 Oceanside, California

revised: December 10, 2013