topleft CSBA.org >  Services >  Governance Technology > 

San Mateo-Foster City SD |  BP  5117  Students

Interdistrict Attendance   

arrow Previous bar Next arrow

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. 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

Parents of a student in the district may request approval for the student to attend a school outside the San Mateo-Foster City School District, or correspondingly, parents who do not live in the San Mateo-Foster City School District may request to have their child attend a school in this district.

Student Services shall approve an interdistrict transfer request provided there is no adverse impact on enrollment, finances, or educational program. Agreements shall be issued on an annual basis and will be subject to the following conditions:

* The transfer form shall first be approved by the district of residence and presented to the district of request.

* Each district may refuse to accept any given student.

* The money obtained from average daily attendance of students in regular classes shall be retained by the district of attendance.

* The district of residence agrees to pay to the district of attendance the actual pro-rata share of the cost of educating each student assigned to special education classes in the district of attendance.

The San Mateo - Foster City School District has not adopted the Allen Bill concept of residency.

The Board may enter into an agreement with any other school district, for a term not to exceed one school year, 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 designee shall review the request and may approve or deny the permit subject to the terms and conditions of the interdistrict attendance agreement.

Interdistrict Transfer Process

Parent/guardians requests for approval of an interdistrict transfer shall be initiated in the district of residence (available at the Student Services office for San Mateo-Foster City School District) and upon, approval forwarded to the district in which attendance is requested. Requests to transfer into the district received by the posted deadline at 4:00 pm will be reviewed and parent/guardians notified by mail no later than July 31 whether the application has been approved, denied or wait listed. For applications received after the posted deadline, parent/guardians will be notified only if a transfer is being granted to their student. Requests to transfer out will be responded to in writing within 30 days of the applications receipt by Student Services. Notice that an application has been denied will be accompanied by a reason for denial. Appeals shall be made in writing to the Superintendent within ten days of receipt of the denial letter.

Interdistrict transfers are automatically terminated at the end of each school year unless a renewal is requested and approved for the succeeding year. Renewals are accepted each year according to the posted district enrollment calendar deadline. Applications must be renewed before a student will be admitted at the beginning of the school year.

A student who has been expelled must notify Student Services prior to submitting a transfer form to enroll the student in the district. The district will determine if the student's enrollment would cause a threat to the safety of other students or staff or be detrimental to the school environment (Education Code 48915.1). If the student is admitted, all conditions of probation as/prescribed by the expelling district must be followed. Failure to notify the district that the student has been expelled may result in the student's being returned to the sending district.

Transportation

The district shall not provide transportation beyond any school attendance area. Upon request, the Superintendent or designee may authorize transportation for interdistrict transfer students to and from designated bus stops within the attendance area if space is available.

Limits on Student Transfers Out of the District to a School District of Choice

The Superintendent or designee may limit the number of student transfers out of the district to a school district of choice based on the percentages of average daily attendance specified in Education Code 48307.

In addition, transfers out of the district may be limited during a fiscal year when the County Superintendent of Schools has given the district a negative budget certification or when the County Superintendent has determined that the district will not meet the state's standards and criteria for fiscal stability in the subsequent fiscal year exclusively as a result of student transfers from this district to a school district of choice. (Education Code 48307)

(cf. 3100 - Budget)

(cf. 3460 - Financial Reports and Accountability)

The district may deny a transfer of a student out of the district to a school district of choice if the Board determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan of the district. (Education Code 48301)

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 SAN MATEO-FOSTER CITY SCHOOL DISTRICT

adopted: June 5, 2014 Foster City, California