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Lakeside Union SD (Lakeside) |  BP  5117  Students

Interdistrict Attendance   

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The Governing Board recognizes that students who reside in one district may choose to attend school in another district and that such choices are made for a variety of reasons.

(cf. 0520.3 - Title I Program Improvement Districts)

(cf. 5111.12 - Residency Based on Parent/Guardian Employment)

(cf. 5116.1 - Intradistrict Open Enrollment)

(cf. 5118 - Open Enrollment Act Transfers)

Upon request by students' parents/guardians, the Superintendent or designee may approve interdistrict attendance permits with other districts on a case-by-case basis to meet individual student needs.

The Superintendent or designee shall ensure that interdistrict permits specify the terms and conditions agreed to by both districts for the granting, denial, or revocation of the permit as well as the standards for reapplication.

The Superintendent or designee may deny the granting of an interdistrict attendance permit because of overcrowding within district schools or limited district resources.

Limits on Student Transfers out of the District to a School District of Choice

The Superintendent or designee may limit the number of student transfers out of the district to a school district of choice based on the percentages of average daily attendance specified in Education Code 48307.

In addition, transfers out of the district may be limited during a fiscal year when the County Superintendent of Schools has given the district a negative budget certification or when the County Superintendent has determined that the district will not meet the state's standards and criteria for fiscal stability in the subsequent fiscal year exclusively as a result of student transfers from this district to a school district of choice. (Education Code 48307)

(cf. 3100 - Budget)

(cf. 3460 - Financial Reports and Accountability)

The district may deny a transfer of a student out of the district to a school district of choice if the Board determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan of the district. (Education Code 48301)

Residency Checks

The Board of Trustees believes that all children should have the opportunity to receive educational services. Staff shall encourage parents/legal guardians to enroll all school-aged children in school.

The Superintendent/designee shall maintain procedures, consistent with applicable laws and regulations, for reasonable evidence that the pupil meets residence requirements for school attendance in the District. These requirements shall include all enrollment requirements regarding foster students and homeless students, including unaccompanied youth. If an employee of the District reasonably believes that the parent or legal guardian of a pupil has provided false or unreliable evidence of residency, the District may make reasonable efforts to determine that the pupil actually meets the residency requirements.

In the event the Superintendent/designee reasonably believes false or unreliable evidence of residency has been provided by a parent/legal guardian, the following procedures apply:

1. The Superintendent/designee shall identify the circumstances upon which the District may initiate an investigation, which shall, at a minimum, require the District employee to be able to identify specific, articulable facts supporting the belief that the parent/legal guardian of the pupil has provided false or unreliable evidence or residency. Examples of such situations include, but are not limited to: altered documents; credible information from the property owner or neighbor that the student does not reside at the address provided; results of a home visit by a District employee indicating the student does not reside at the address provided; credible information from the student stating s/he does not reside at the address provided; and/or mail sent by the school returned from the address provided.

2. The Superintendent/designee may use reasonable investigatory methods, as appropriate, to determine residency. These methods may include, but are not limited to:

a. Review of documentation

b. Home visit by District personnel

c. Interview of student and parent/legal guardian

d. Contacting the landlord or neighbors regarding whether or not the student resides at the address provided

e. Research information and past addresses provided to District or to other districts attended

f. Other information as needed (e.g. making inquiries about returned mailings)

3. The Superintendent/designee may hire a private investigator if the investigatory methods described above are inconclusive to determine whether the pupil resides in the school district.

4. For any investigation conducted pursuant to this policy, the District shall:

a. Prohibit the surreptitious photographing or video-recording of pupils who are being investigated. For purposes of this policy, "surreptitious photographing or video-recording" means the covert collection of photographic or videographic images of persons or places subject to an investigation. For purposes of this policy, the collection of images is not covert if the technology is used in open and public view.

b. Require that the employees and contractors of the District engaged in the investigation must identify themselves truthfully as such to individuals contacted or interviewed during the course of the investigation.

5. If the District determines that the pupil does not meet the residency requirements for school attendance in the District, the District shall provide the parent/legal guardian with the basis for the determination. The parent/legal guardian may appeal this determination to the Executive Director of Pupil Services within 5 days of the determination. If an appeal is made, the burden shall be on the parent/legal guardian to show why the decision of the District should be overruled.

Legal References:

EDUCATION CODE

41020 Annual district audits

46600-46611 Interdistrict attendance agreements

48204 Residency requirements for school attendance

48204.1 Reasonable evidence of residency; false or unreliable evidence; unaccompanied youth

48204.2 Pupil school enrollment; residency requirements; policy on investigations

48300-48316 Student attendance alternatives, school district of choice program

48350-48361 Open Enrollment Act

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

Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275

Management Resources:

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Policy LAKESIDE UNION SCHOOL DISTRICT

adopted: September 17, 2012 Lakeside, California

revised: October 13, 2016