Orinda Union SD | BP 5117 Students
The Board of Trustees recognizes that parents/guardians of students who reside in one district may, for a variety of reasons, choose to enroll their child in a school in another district.
(cf. 5111.1 - District Residency)
(cf. 5116.1 - Intradistrict Open Enrollment)
Interdistrict Attendance Agreements and Permits
The Board designates authority to the Superintendent or his/her designee to enter into an agreement with any other school district, for a term not to exceed five school years, for the interdistrict attendance of students who are residents of the districts. (Education Code 46600)
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 his/her designee shall review the request and may approve or deny the permit subject to the terms and conditions of the interdistrict attendance agreement.
Because of limited classroom space and district resources, the Superintendent or his/her designee may approve interdistrict transfers on a case-by-case basis through an interdistrict attendance agreement. The Superintendent or his/her designee may approve interdistrict attendance agreements with other districts on a case-by-case basis to meet individual student needs.
The Board authorizes procedures for interdistrict transfers under the direction of the Superintendent or his/her designee. The approved transfer will be to the district; the Superintendent or his/her designee has the prerogative of the assignment to a specific school for the transferring student.
Only the official written consent of both school districts shall establish a bona fide interdistrict attendance agreement. No nonresident student shall be enrolled prior to the approval of an interdistrict transfer by both districts, except in unusual circumstances, as determined by the Superintendent.
Interdistrict attendance agreements shall be granted for a term of one school year or the balance thereof and may be renewed at the discretion of the districts involved. Every interdistrict attendance agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. (Education Code 46600)
The Superintendent or designee may deny new 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.
41020 Annual district audits
46600-46610 Interdistrict attendance agreements
48204 Residency requirements for school attendance
48300-48315 Student attendance alternatives
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 ROP, enrollment of students, interdistrict attendance
Article 1, Section 31 Nondiscrimination on the basis of race, sex, color, ethnicity, or national origin
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 ORINDA UNION SCHOOL DISTRICT
adopted: January 7, 2008 Orinda, California
revised: April 7, 2008
revised: December 11, 2017
revised: March 11, 2019
revised: April 15, 2019