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Tamalpais Union HSD |  BP  5117  Students

Interdistrict Attendance   

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Although students generally must attend school in the district where their parents/guardians reside, the Board of Trustees recognizes that there are justifiable, compelling reasons for occasional interdistrict transfers. Upon request and under exceptional circumstances, the Board may accept a student from another district on a case-by-case basis to meet individual student needs and may also allow a student who lives within the District to attend out-of-district schools on a case-by-case basis to meet individual student needs.

Unlike most other California districts, the Tamalpais Union High School District's primary funding source is local property taxes, and receives minimal resources from the state based on student enrollment/attendance. Therefore, out-of-district students do not bring in additional resources and, in fact, reduce the educational resources available to resident students.

The Board authorizes procedures for acceptance and denial of interdistrict transfer requests under the direction of the Superintendent or designee. An approved transfer will be to the District as a whole and not to an individual school; the Superintendent or designee has the prerogative of the assignment to a school for the transferring student.

(cf. 5111.1 - District Residency)

(cf. 5116.1 - Intradistrict Open Enrollment)

The Board may 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 district. (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.

Transportation

The district shall not provide transportation.

Denial or Revocation of a Transfer Due to Falsification or Fraud

The Superintendent will deny a transfer, or revoke an existing transfer, if material information provided on the transfer form, or provided in support of a transfer is discovered to be false or fraudulent.

(cf. 5119 - Students Expelled from Other Districts)

Legal Reference:

EDUCATION CODE

41020 Annual district audits

46600-46611 Interdistrict attendance agreements

48204 Residency requirements for school attendance

48300-48317 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 Admission of persons including nonresidents to attendance area; workers' compensation for pupils

CALIFORNIA CONSTITUTION

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)

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:

WEB SITES

CSBA: http://www.csba.org

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

Policy TAMALPAIS UNION HIGH SCHOOL DISTRICT

adopted: February 9, 1993 Larkspur, California

revised: November 25, 1997

revised: November 24, 1998

revised: February 22, 2000

revised: February 6, 2018

revised: October 15, 2019