STATUTORY ATTENDANCE OPTIONS

Prepared by the California Department of Education

CHOOSING YOUR CHILD'S SCHOOL

A Summary of School Attendance Alternatives in California

California law [EC § 48980(h)] requires all school boards to inform each pupil's parents/guardians at the beginning of the school year of the various ways in which they may choose schools for their children to attend other than the ones assigned by school districts. Pupils that attend schools other than those assigned by the districts are referred to as "transfer pupils" throughout this notification. There is one process for choosing a school within the district which the parents/guardians live (intradistrict transfer), and three separate processes for selecting schools in other districts (interdistrict transfer). The general requirements and limitations of each process are described below.

Choosing a School Within the District in Which Parents/Guardians Live

The law (EC § 35160.5(b) (1) requires the school board of each district to establish a policy that allows parents/guardians to choose the schools their children will attend, regardless of where the parents/ guardians live in the district. The law limits choice within a school district as follows:

Pupils who live in the attendance area of a school must be given priority to attend that school over pupils who do not live in the school's attendance area.

In cases in which there are more requests to attend a school than there are openings, the selection process must be "random and unbiased," which generally means pupils must be selected through a lottery process rather than on a first-come, first-served basis. A district cannot use a pupil's academic or athletic performance as a reason to accept or reject a transfer.

Each district must decide the number of openings at each school which can be filled by transfer pupils. Each district also has the authority to keep appropriate racial and ethnic balances among its schools, meaning that a district can deny a transfer request if it would upset this balance or would leave the district out of compliance with a court-ordered or voluntary desegregation program.`

A district is not required to provide transportation assistance to a pupil that transfers to another school in the district under these provisions.

If a transfer is denied, a parent/guardian does not have an automatic right to appeal the decision. A district may, however, voluntarily decide to put in place a process for parents/guardians to appeal a decision.

Choosing a School Outside the District in Which Parents/Guardians Live

Parents/guardians have four different options for choosing a school outside the district in which they live. The three options are described below:

1. Interdistrict Transfers (Discretionary)

The law (EC §§46600 through 46607) allows two or more school boards to enter into an agreement, for a term of up to five years, for the transfer of one or more pupils between districts. The agreement must specify the terms and conditions for granting or denying transfers. The district in which the parent/guardian lives may issue an individual permit under the terms of the agreement, or district policy, for transfer and for the applicable period of time. The permit is valid upon endorsement by the district of proposed attendance. The law on interdistrict transfers also provides for the following:

If either district denies a transfer request, a parent/guardian may appeal that decision to the county board of education. There are specified timelines in the law for filing an appeal and for the county board of education to make a decision.

No district is required to provide transportation to a pupil who transfers into the district.

2. Parental Employment Transfers (Discretionary)

The law (EC §48204(b)) provides that a school district may deem a pupil as having complied with the residency requirements for school attendance if one or both parents/guardians of a pupil are physically employed within the boundaries of the district for a minimum of 10 hours during a school week. A school district is not required to accept a pupil requesting a transfer on this basis, but a pupil may not be rejected on the basis of race, ethnicity, sex, parental income, academic achievement, or any other" arbitrary" consideration. Other provisions of the EC § 48204(b) includes:

Either the district in which the parent/guardian lives or the district in which the parent/guardian works may prohibit the transfer if it is determined that there would be a negative impact on the district's court-ordered or voluntary desegregation plan.

The district in which the parent/guardian works may reject a transfer if it determines that the additional cost of educating the pupil would be more than the amount of government funds the district would receive for educating the pupil.

There are set limits (based on total enrollment) on the net number of pupils that may transfer out of a district in any school year, unless the sending district approves a greater number of transfers.

There is no required appeal process for a transfer that is denied. However, the district that declines to admit a pupil is encouraged to identify, and communicate in writing to the parent/guardian the specific reasons for denying the transfer.

Once a pupil is deemed to have complied with the residency requirements for school attendance based on one or both parents or guardians being employed within the boundaries of the district and the pupil is enrolled in a school in a school district whose boundaries include the location where one or both parents of the pupil is employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the district shall allow the pupil to attend school through the 12^th grade in that district if one or both of the pupil’s parents or guardians continues to be employed within the attendance boundaries of the school district, subject to certain conditions.

3. Districts of Choice (Discretionary)

The law (EC §§48300 through 48318) allows each school district to become a "district of choice" --that is, a district that accepts transfer pupils from outside the district under the terms of a resolution. A school board that decides to become a "district of choice" must determine the number of pupils it is willing to accept in this category each year and make sure that the pupils are selected through a "random and unbiased" process, which generally means a lottery process. Pupils may request transfers into a "district of choice" by January 1 of the prior school year.. Other provisions include:

Either the district of choice or the district of residence may deny a transfer if it will negatively affect the racial and ethnic balance of the district, or a court-ordered or voluntary desegregation plan. The district of residency may also limit the total number of pupils transferring out of the district each year to a specified percentage of its total enrollment, depending on the size of the district.

The district of choice may not prohibit a transfer based on the additional cost of educating the pupil but may prohibit a transfer if it would require the district to create a new program, except that a school district of choice shall not reject the transfer of a special needs pupil and an English learner.

No pupil who currently attends a school or lives within the attendance area of a school can be forced out of that school to make room for a pupil transferring under these provisions.

Siblings of pupils already attending school in the "district of choice" must be given transfer priority. Children of military personnel may also be given priority.

A parent/guardian may request transportation assistance within the boundaries of the "district of choice." The district may provide transportation only to the extent it already does so.

The above summary of the attendance alternatives available to parents/guardians and their children is intended to provide them with an overview of the laws applying to each alternative. Any parents/guardians, who are interested in securing more information about these options, districts' policies or procedures, and timelines for applying for transfers, should contact their own school district, or the district they may be thinking about transferring into.

Open Enrollment

The law (EC §48350 et seq.) authorizes the parent/guardian of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined. Other provisions include:

An application requesting a transfer must be submitted by the parent of a pupil to the school district of enrollment prior to January 1 of the school year preceding the school year for which the pupil is requesting a transfer. The application deadline does not apply to a request for transfer if the parent is enlisted in the military and was relocated by the military within 90 days prior to submitting the transfer application.

The application may request enrollment of the pupil in a specific school or program within the school district.

A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of the transfer application.

A school district of enrollment shall establish a period of time to provide priority enrollment for pupils residing in the school district prior to accepting transfer applications.

The school district of residence in which the pupil resides or a school district of enrollment to which a pupil has applied to attend may prohibit the transfer of the pupil or limit the number of pupils who transfer if the governing board of the district determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan, the racial and ethnic balance of the district.

A resident pupil who is enrolled in one of the district’s schools shall not be required to submit an application in order to remain enrolled.

Pupil applying for a transfer shall be assigned priority for approval as follows:

a. First priority for the siblings of children who already attend the desired school.

b. Second priority for pupils transferring from a program improvement school ranked in decile 1.

c. If the number of pupils who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order identified in (a) and (b), above, until all available spaces are filled.

Initial applications for transfer to a school within a school district of enrollment shall not be approved if the transfer would require displacement from the desired school of any other pupil who resides within the attendance area of that school or is currently enrolled in that school.

A pupil approved for a transfer to a school district of enrollment shall be deemed to have fulfilled the residency requirements for school attendance.

4. Open Enrollment

The law (EC §48350 et seq.) authorizes the parent/guardian of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined. Other provisions include:

An application requesting a transfer must be submitted by the parent of a pupil to the school district of enrollment prior to January 1 of the school year preceding the school year for which the pupil is requesting a transfer. The application deadline does not apply to a request for transfer if the parent is enlisted in the military and was relocated by the military within 90 days prior to submitting the transfer application.

The application may request enrollment of the pupil in a specific school or program within the school district.

A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of the transfer application.

A school district of enrollment shall establish a period of time to provide priority enrollment for pupils residing in the school district prior to accepting transfer applications.

The school district of residence in which the pupil resides or a school district of enrollment to which a pupil has applied to attend may prohibit the transfer of the pupil or limit the number of pupils who transfer if the governing board of the district determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan, the racial and ethnic balance of the district.

A resident pupil who is enrolled in one of the district’s schools shall not be required to submit an application in order to remain enrolled.

Pupil applying for a transfer shall be assigned priority for approval as follows:

a. First priority for the siblings of children who already attend the desired school.

b. Second priority for pupils transferring from a program improvement school ranked in decile 1.

Initial applications for transfer to a school within a school district of enrollment shall not be approved if the transfer would require displacement from the desired school of any other pupil who resides within the attendance area of that school or is currently enrolled in that school.

A pupil approved for a transfer to a school district of enrollment shall be deemed to have fulfilled the residency requirements for school attendance.

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