5117
BP
Board Policy
Interdistrict Attendance
The Governing Board recognizes that parents/guardians of students who reside within the geographic boundaries of one district may, for a variety of reasons, desire to enroll their children in a school in another district. Student transfers into and out of the district shall be in accordance with law and as specified in this policy and accompanying administrative regulation.
Interdistrict Attendance Agreements and Permits
The district 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 either district. (Education Code 46600)
The agreement shall specify the terms and conditions under which interdistrict attendance shall be permitted or denied. Additionally, it may contain standards agreed upon by both districts for reapplication and/or revocation of the student's permit. (Education Code 46600)
When the request of a student seeking to transfer out of the district, or an individual permit verifying another district's approval for its student to transfer into the district, is received, the Superintendent or designee shall review, and approve or deny the request or permit based on the terms and conditions of the interdistrict attendance agreement.
Instruction Collaboration Agreements
The district may, with Governing Board approval, enter into an instruction collaboration agreement (ICA) with another school district, county office of education, or charter school for the district to offer the same or similar courses and coursework to students from another school district, county office of education, or charter school who have been impacted by any of the following: (Education Code 48345)
Disruptions or cancellations in science, technology, engineering, and mathematics (STEM) classes
Disruptions or cancellations in dual language immersion programs
Teacher shortages in STEM classes or dual language immersion programs
Prior to accepting students for classes for any of the reasons specified in Items #1-3 above, the Superintendent or designee shall, with Board approval, determine the maximum number of students that the district can accept for these purposes. The district shall accept students who apply until the district is at maximum capacity.
Students shall be transferred to this program through an unbiased process that prohibits an inquiry into, or evaluation or consideration of, whether a student should be authorized to participate in the course or coursework based upon the student's current academic or athletic performance, proficiency in English, physical condition, any of the individual characteristics specified in Education Code 200, or family income. If the number of applicants exceeds the number of seats available, the approval for participation shall be determined by a random public drawing at a regularly scheduled Board meeting. (Education Code 48345)
The Superintendent or designee shall publicly post information, including, but not limited to, applicable forms and timelines for submission pursuant to the ICA, to ensure that students and their families are aware of the opportunities to participate. (Education Code 48345)
When negotiating the ICA, the Superintendent or designee shall collaborate with the other participating local educational agencies to agree upon an appropriate shared cost structure. (Education Code 48345)
Transportation
Upon parent/guardian request, the district shall provide transportation assistance to a student receiving an interdistrict transfer who is eligible for free and reduced-price meals and is the child of an active duty military parent/guardian or a victim of bullying, as defined in Education Code 46600. (Education Code 46600)
Additionally, upon request of a student's parent/guardian, the Superintendent or designee may authorize transportation for any interdistrict transfer student to and from designated bus stops within the attendance area of the school that the student attends, if space is available.
Legal & Management References
State
CA Constitution Article 1, Section 31 - Nondiscrimination on the basis of race, sex, color, ethnicity, or national origin
Ed. Code 200 - Educational equity
Ed. Code 41020 - Requirement for annual audit
Ed. Code 46600-46611 - Interdistrict attendance agreements
Ed. Code 48204 - Residency requirements for school attendance
Ed. Code 48300-48317 - Student attendance alternatives; school district of choice program
Ed. Code 48900 - Grounds for suspension or expulsion
Ed. Code 48915 - Expulsion; particular circumstances
Ed. Code 48915.1 - Expelled individuals; enrollment in another district
Ed. Code 48918 - Rules governing expulsion procedures
Ed. Code 48980 - Parent/Guardian notifications
Ed. Code 48985 - Notices to parents/guardians in language other than English
Ed. Code 52317 - Regional Occupational Center/Program; enrollment of students; interdistrict attendance
Ed. Code 8151 - Apprentices; exemption from interdistrict attendance agreement
Management Resources
Attorney General Opinion - 84 Ops.Cal.Atty.Gen. 198 (2001)
Attorney General Opinion - 87 Ops.Cal.Atty.Gen. 132 (2004)
Court Decision - Walnut Valley Unified School District v. the Superior Court of Los Angeles County (2011) 192 Cal.App.4th 234
Court Decision - Crawford v. Huntington Beach Union High School District (2002) 98 Cal.App.4th 1275
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - CSBA
Cross References
1312.3 AR Uniform Complaint Procedures
3540 AR Transportation
3553 AR Free And Reduced Price Meals
5111 AR Admission
5111.1 AR District Residency
5112.2 AR Exclusions From Attendance
5113.1 AR Chronic Absence And Truancy
5113.12 AR District School Attendance Review Board
5116 BP School Attendance Boundaries
5116.1 AR Intradistrict Open Enrollment
5131.2 AR Bullying
5144.1 AR Suspension And Expulsion/Due Process
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
6173.1 AR Education For Foster Youth
7160 AR Charter School Facilities
9000 AR Role Of The Board