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Orinda Union SD |  AR  5117  Students

Interdistrict Attendance   

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Interdistrict Attendance Criteria

In accordance with an agreement between the Board of Trustees and the board of another district, a permit authorizing a student of either district to enroll in the other district may be issued upon approval of both districts.

The district shall post on its website 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 The conditions under which an existing interdistrict transfer permit may be revoked or rescinded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, through an investigation by 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)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 5131.2 - Bullying)

Until the district is at maximum capacity, the district shall accept any student whose interdistrict transfer application is based on being the victim of an act of bullying or a child of an active duty military parent/guardian. The district shall ensure that such students are admitted through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a student should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Education Code 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status. (Education Code 46600)

In addition, the Superintendent or his/her designee may approve interdistrict attendance requests for the following reasons:

1. When the student is the child of an employee of the Orinda Union School District or the Acalanes Union High School District who works at least 20 hours per week, in order to attract and retain high quality employees

2. When the student has a sibling(s) attending school in the receiving district, to avoid splitting the family's attendance

3. To allow a student to complete a school year when his/her parents/guardians have moved out of the district during that year

4. When the parent/guardian provides verifiable written evidence that the family will be moving into the district within 30 days and would like the student to start the school year in the district

5. When the student will be living out of the district for one year or less

6. When recommended by the School Attendance Review Board or by county child welfare, probation, or social service agency staff in documented cases of serious home or community problems which make it inadvisable for the student to attend the school of residence

(cf. 5113.1 - Chronic Absence and Truancy)

(cf. 5113.12 - District School Attendance Review Board)

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. However, once the student is admitted, the district shall not deny him/her continued attendance at the school in which the student is enrolled except as otherwise stated herein. (Education Code 46600.)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

Every interdistrict transfer must be approved annually for the next school year.

Approval/Denial of New Interdistrict Attendance Requests

New interdistrict attendance requests must be submitted to the District between July 1 and July 15 for the following school year. The Superintendent or his/her designee shall provide written notification to the parent/legal guardian and the student's district of residence as to whether the application has been accepted or rejected no later than August 7.

The district will only accept new interdistrict attendance requests from students if all of the following criteria are satisfied:

1. The student has met or exceeded grade level standards the prior school year

2. The student has never been expelled from any school. For purposes of this requirement, any stipulated expulsion or any other similar agreement constitutes an expulsion rendering the student ineligible for consideration for interdistrict attendance.

3. The district has in place the program or program(s) necessary to serve the student.

4. The district has sufficient space available for the student.

All students who meet the eligibility requirements for consideration of an interdistrict transfer shall be provided equal opportunity as provided by law.

A new request for interdistrict attendance may be rejected if the Superintendent or his/her designee determines any of the following:

1. The transfer would cause the district's enrollment figures to exceed capacity. Capacity for purposes of this policy is maintaining a minimum of two spaces at each grade level.

2. The class sizes would exceed collective bargaining agreement standards.

3. Established staff caseloads would be exceeded. Caseloads for purposes of this regulation are: five students per special day class or inclusion; 14 students per full time IS Specialist; 25 students per full time speech and language specialist; eight students per full time school psychologist.

4. The cost of educating the student would exceed the amount of additional state aid received as a result of the transfer.

5. The transfer would require the district to create a new program or provide a new service to serve the student.

6. The student has an unsatisfactory discipline/behavior record, including but not limited to having been expelled from any school. For purposes of this requirement, any stipulated expulsion or any other similar agreement constitutes an expulsion rendering the student ineligible for consideration for interdistrict attendance.

7. The student has not met grade level standards the prior school year.

8. Material on the interdistrict attendance application has been falsified or intentionally omitted.

Approval/Denial of Interdistrict Attendance Annual Renewal Requests

Interdistrict attendance requests must be renewed annually by submitting a new application between May 1 and May 15 for the following school year. The Superintendent or his/her designee shall provide written notification to the parent/legal guardian and the student's district of residence as to whether the renewal application has been accepted or rejected no later than May 31.

An interdistrict attendance agreement may be continued on an annual basis, subject to all of the following conditions:

1. Ongoing approval from district of residence

2. The student has met grade level standards the prior school year

3. Satisfactory behavior and attendance the prior year

4. The district has in place the program or program(s) necessary to serve the student

A request for renewal of an interdistrict attendance agreement may be rejected if the Superintendent or his/her designee determines any of the following:

1. Established staff caseloads would be exceeded. Caseloads for purposes of this regulation are: five students per special day class or inclusion; 14 students per full time IS Specialist; 25 students per full time speech and language specialist; eight students per full time school psychologist.

2. The cost of educating the student would exceed the amount of additional state aid received as a result of the transfer.

3. The transfer would require the district to create a new program or provide a new service to serve the student.

4. The student has an unsatisfactory discipline/behavior record.

5. The student is performing below grade level standards.

6. Material on the interdistrict attendance application has been falsified or intentionally omitted.

Rejection of Applications for New or Returning Interdistrict Transfers

The Superintendent or his/her designee shall provide written notification to the parent/legal guardian and the student's district of residence as to whether the application has been rejected within the time limits set forth above for new and annual renewal of interdistrict permit requests.

If the district rejects the new interdistrict attendance or renewal request, the Superintendent or designee shall notify the parents/guardians of the student regarding the process for appeal to the County Board of Education as specified in Education Code 46600.2. Pending a decision by the two districts or an appeal by the County Board, the Superintendent or designee may provisionally admit a student who resides in another district for a period not to exceed two school months. (Education Code 46603)

(cf. 5145.6 - Parental Notifications)

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 Attendance

A student's interdistrict attendance agreement may be revoked for any of the following reasons:

1. Excessive truancy or tardiness

2. Excessive disruption of the educational program

3. When the district no longer has space in the program required by the student

4. Disciplinary action occurs including suspension or expulsion

5. Student is performing below grade level standards

Appeal of Interdistrict Attendance Decisions

If a student's interdistrict transfer request is denied, the Superintendent or his/her designee shall, in writing, notify the parents/guardians of their right to appeal to the Contra Costa County Board of Education within 30 days from the date of the final denial. (Education Code 46600.2)

(cf. 5145.6 - Parental Notifications)

All notices to parents/guardians regarding the district's decision on any request for interdistrict transfer shall conform to the translation requirements of Education Code 48985, and may be provided by regular mail, electronic format if the parent/guardian provides an email address, or by any other method normally used to communicate with parents/guardians in writing. (Education Code 46600.2)

Transportation

Transportation shall not be provided for students admitted pursuant to an interdistrict attendance agreement unless otherwise required by law.

Transfers Out of the District

If the district is unable to provide an intradistrict transfer to a student who is a victim of an act of bullying, as defined in Education Code 46600, the district shall not prohibit the student from transferring out of the district if the district of proposed enrollment approves the application for transfer. (Education Code 46600)

Regulation ORINDA UNION SCHOOL DISTRICT

approved: January 7, 2008 Orinda, California

revised: April 7, 2008

revised: April 12, 2010

revised: September 8, 2014

revised: December 11, 2017

revised: March 11, 2019

revised: April 15, 2019

revised: May 13, 2019

revised: January 13, 2020