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Vista USD |  BP  5117  Students

Interdistrict Attendance   

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The Board of Education declines the opportunity for the district to become a "school district of choice" pursuant to Education Code 48209-48209.16 because of overcrowding within district schools and limited district resources. Thus, the Board discourages transfers into the district and will consider approving such transfers only on a case-by-case basis consistent with applicable law.

Interdistrict applications for a particular school only will be considered after intradistrict applications have been honored.

Applications for an interdistrict attendance permit must be filed with this district no later than January 1 prior to the year of requested attendance.

The Board appoints the Superintendent, or an administrator designated by the Superintendent, the reviewing, granting or denying of interdistrict transfers. The Superintendent or designee shall oversee the implementation of this policy.

Interdistrict Attendance Permits

Although students generally must attend school in the district where the parents/guardians reside, the Board recognizes justifiable reasons for occasional Interdistrict transfers. Upon request, the Superintendent or designee may accept students from another district, and may also allow students who live within the district to attend out-of-district schools on a case-by-case basis. The district shall not knowingly accept students who are not district residents without an Interdistrict Attendance Permit. However, such permits will not be required for students enrolling in Regional Occupational Programs or SELPA regional programs.

As necessary, the Superintendent shall submit to the Board agreements for the interdistrict transfer of students between the school districts in the State of California in accordance with the Education Code. Agreements shall stipulate terms and conditions for approval or denial (Education Code 46600). The Board delegates the authority to approve or deny individual interdistrict transfer permits to the Superintendent or designee.

The Superintendent or designee may deny applicants for Interdistrict transfers because of overcrowding within the district schools or limited district resources. Transfers for students who move out of the district without informing the school and without filing an Interdistrict transfer application within 30 days of the change in residency may also be denied.

The Board has determined that the district is being negatively impacted by the number of students requesting transfers to neighboring districts. Therefore, the Board authorizes the Superintendent or designee to deny transfers to other districts for students living in district.

The Board will allow students who are currently attending high school on an approved Interdistrict transfer to continue attending until they graduate.

Transportation

Transportation shall not be provided for students attending district schools on an Interdistrict

Transfer Agreement.

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 VISTA UNIFIED SCHOOL DISTRICT

adopted: June 26, 2014 Vista, California