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Woodside ESD |  BP  5117  Students

Interdistrict Attendance   

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The Governing Board 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.

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 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 provide a recommendation to the Board. The Governing Board shall make a decision on the Superintendent's recommendation within 30 calendar days of the receipt of the request for transfer. If the Board denies the request, or fails to act on the request within the 30 day time period, the parents/guardians may appeal within 30 calendar days of he failure or refusal to approve the transfer to the County Board of Education. The District shall notify an applicant of the Board decision within 3 business days.

Until this policy is amended to state otherwise, there is a moratorium on interdistrict transfers, with the exception of the categories "a-e" below. Even in the case of categories "a-e", approval of any transfer is dependent upon available classroom space. For these purposes, classroom space is defined as up to 20 students for grades K-5 and 23 students for grades 6-8. Students whose parent (s)/guardians (s) have moved out of the District during the school year will be allowed to complete the school year. No transfers will be permitted with the following exceptions:

a. A child of a nonresident employee of the Woodside School District, according to the following conditions:

If space is not available to accommodate all requests for transfers for children of nonresident employees, priority shall be given in the following order:

(1) Full-Time Certificated Employees

(2) Part-Time Certificated Employees (50% or more)

(3) Full-Time Classified Employees

(4) Part-Time Classified Employees (20 hours per week or more)

Priority for transfer requests by employees within the same category listed above shall be based upon employee seniority. Seniority will override consideration of sibling status.

When an employee is no longer employed by the District, the District will discontinue the interdistrict transfer of his/her child. The only exceptions to this practice are for children of employees who have been enrolled in the school for three years as of July 1, 2013 and are thus exempt from the moratorium under category "c."

b. Any student who is in the seventh grade and whose family moves out of the District may stay to complete the eighth grade. This does not apply to siblings in the sixth grade or below.

c. Students who have been enrolled in the District for 4 or more years on an interdistrict transfer as of July 1, 2013.

d. A student in a licensed institution or foster home in the District

e. A student assigned to the District through the Voluntary Transfer (Tinsley) Program.

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 WOODSIDE ELEMENTARY SCHOOL DISTRICT

adopted: February 12, 2013 Woodside, California