Inter-District Transfers and Appeals Process

        Inter-District Transfers and Appeals Process

Policy 3-103

Scope:

The District may enter into interdistrict attendance agreements with other districts to allow nonresident students to attend district schools or to permit resident students to attend schools in another district.

All requests shall be considered on a case-by-case basis using fair and consistent criteria, and in a manner that respects the rights and educational interests of students.

The District shall post to its website the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password.

Administrative Regulations

1. 1. Definitions  

1. •  Interdistrict Attendance Agreement: A written agreement between two school districts that allows a student to attend a school outside of their district of residence. 

   •  District of Residence: The District in which the student’s custodial parent/guardian resides.  

   •  District of Attendance: The District receiving the student under an interdistrict agreement. 

1. 2. Application Process 

1. •  Requests must be submitted using the District’s standard interdistrict attendance request form.  

   •  If the request is received 15 calendar days or less before the start instruction in the school year in which the transfer is sought, including a request received after instruction has started, a final decision shall be issued not later than 30 calendar days after the request is received.   

   •  If the request is received more than 15 calendar days before the start of instruction in the school year in which the transfer is sought, a final decision shall be issued as soon as possible, but no later than 14 calendar days after the start of instruction.  

   •  If no agreement currently exists, the District shall attempt to execute one within the same timelines. 

1. 3. Provisional Enrollment 

1. •  Students from other districts may be provisionally enrolled for up to 2 months pending a decision of the two districts, or by the county board on appeal, upon reasonable evidence thereof. 

   •  This period of provisional attendance shall begin on the student’s first day of attendance.   

   •  If a final decision by the governing boards of the district, or the county board on appeal, has not been issued within two months after the student’s provisional enrollment, the student must be disenrolled and required to return to their district of residence. 

1. 4. Approval Priorities 

The District may prioritize interdistrict transfer requests based on:

1. •  Victim of bullying at the school of residence, in accordance with Education Code section 46600(b) 

   •  Continuation of enrollment for students already attending the District  

   •  Siblings of enrolled students  

   •  Children of District employees  

   •  Students facing exceptional hardship (e.g., foster youth, homelessness) 

   •  Students seeking access to unique programs not available in their district of residence 

1. 5. Criteria for Denial 

The District may deny interdistrict requests based on:

1. •  Lack of space in the requested school, grade level, or program   

   •  Student's record of serious discipline issues  

   •  Excessive unexcused absences or truancy  

   •  Lack of appropriate services for the student’s educational needs  

   •  Denials shall not be based on:  

     •  Race, ethnicity, income level, academic performance, language, disability, or any other characteristic protected by state or federal law 

     •  The District shall not prohibit the child of an active-duty military parent from transferring out of the District pursuant an interdistrict transfer agreement. 

(NOTE:  IF YOUR DISTRICT OPERATES AS A SCHOOL DISTRICT OF CHOICE PURSUANT TO EDUCATION CODE SECTION 48300, ET SEQ, CONSULT WITH LEGAL COUNSEL REGARDING THE ADOPTION OF THIS POLICY)

1. 6. Term and Renewal 

1. •  Agreements may be valid for up to five (5) years, and will specify the terms under which the Agreement may be renewed and/or revoked.  However, existing transfer agreements shall not be rescinded for students after June 30 following the completion of Grade 10, or for pupils in grades 11 or 12.  

1. 7. Appeals to the County Board of Education 

If an interdistrict transfer request is denied, the parent/guardian has the right to appeal to the County Board of Education within 30 calendar days.

The District shall:

1. •  Provide written notice of this appeal right at the time of denial or revocation  

   •  Include contact information for the appropriate County Office of Education  

   •  Provide all documentation to the County Board upon request  

1. 8. Recordkeeping 

1. •  The Superintendent or designee shall maintain records of:  

     •  Interdistrict attendance requests received, granted, denied  

     •  Appeals filed and their outcomes  

     •  Transfers revoked  

   •  An annual report shall be submitted to the Governing Board.