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Orinda Union SD |  BP  5117  Students

Interdistrict Attendance   

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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)

(cf. 5118 - Open Enrollment Act Transfers)

Interdistrict Attendance 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.

Legal Reference:

EDUCATION CODE

41020 Annual district audits

46600-46611 Interdistrict attendance agreements

48204 Residency requirements for school attendance

48300-48315 Student attendance alternatives

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 ROP, enrollment of students, interdistrict attendance

ATTORNEY GENERAL OPINIONS

84 Ops.Cal.Atty.Gen. 198 (2001)

87 Ops.Cal.Atty.Gen. 132 (2004)

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 ORINDA UNION SCHOOL DISTRICT

adopted: January 7, 2008 Orinda, California

revised: April 7, 2008

revised: December 11, 2017