District Procedure for Review of Interdistrict Attendance Permit Request
• Request is received from student's residence district/transferring district.
• If request is approved, student may proceed to assigned school and register. If the request is not approved, a letter is sent to parents/guardians by the Assistant Superintendent of Instruction on the procedure to appeal to the Superintendent of the district.
• Appeal to the district Superintendent. The Superintendent, as designee for the Board of Trustees, may uphold the Assistant Superintendent of Educational Services' denial of the request; or, may approve the request.
APPEALS TO THE COUNTY BOARD OF EDUCATION
If the request is denied or the district fails to approve the request within the timelines as noted above, the parents/guardians have the right to file an appeal (Education Code 46601) with the Santa Clara County Board of Education within 30 calendar days. Appeals must be filed in writing on the "lnterdistrict Attendance Appeal Request" form, which may be obtained from Julie Alvarado, Santa Clara County Office of Education, 100 Ridder Park Drive, Mail Code 201, San Jose, California 95131-2398, Telephone (408) 453-6509.
• County Board Responsibility: to hear and resolve appeals when request has been denied by school district within 30 days from denial. The time requirement for appeal hearing may be extended by an additional 5 calendar days for good cause.
• Preconditions for hearings: all options within the district of residence have been explored; verification that all avenues for appeal within the district denying the request have been exhausted and that the denial is final; and, verification that proper procedures have been accorded the student by the district denying the request
• Limitations to Board's Authority: the County Board has no authority to consider the following:
• The actual school within the requested district.
• Employment-based interdistrict transfer requests (also known as "Allen Bill" requests).
• Denials of interdistrict transfer requests for students who have been expelled or are being considered for expulsion.
• Denials of intradistrict transfers within the same district; or
• Special education issues which are subject to Education Code 56000 et.seq.
• Preparation for Board Hearing: Parents/guardians provide written materials setting forth their position in the case by identifying and documenting all applicable "Factors for Consideration When Hearing Appeals." The burden of proof shall be placed on the parents/guardians to demonstrate the factors they identified have merit and districts must demonstrate the factors they identified have merit. If, during preparation for Board hearing it is determined that the parents/guardians have introduced a new factor into the case, the district is given an opportunity to reconsider the transfer request in light of the new information.
• Presentations at the Hearing: oral presentations may be made (not required) at the scheduled hearing and a hearing shall not be delayed because one or more of the parties are not in attendance.
• Factors for Consideration When Hearing Appeals: the Board shall employ the "Factors for Consideration when Hearing Appeals Based on Exceptional or Extraordinary Circumstances" as described above.
• General Conditions Governing Appeals: additional Board considerations during deliberations - failure to appeal within required time; misinformation and/or falsification of information provided by either party.
• Final Decision by the Board: Board shall make its final decision based on deliberations concerning merits of the various factors identified by parents/guardians and the district. If none of the "Factors" identified by appellant is found to have merit, the County Board shall have good cause to deny the appeal; if none of the "Factors' identified by the district is found to have merit, the County Board shall have good cause for approving the appeal. If opposing Factors appear to have merit, the Board's deliberations shall address the balance in an effort to determine which case is the most severe and compelling.
APPEAL GRANTED BY COUNTY OFFICE OF EDUCATION
All appeals shall be heard in open session and shall be decided by a majority vote of the Board. The County Board's final decision shall be made in writing within 30 days of the filing of the appeal unless circumstances prevent action and all parties agree to an extension.
When appeal is granted, the County Board shall fix the duration for which the interdistrict transfer is allowed, which is generally one school year.
When granted, transfer shall be without charge or tuition to the parents/guardians. However, transportation shall be the responsibility of the parents/guardians.
When the transfer is approved, the County Board directs the student to the district of proposed attendance, not to a particular school. The district of attendance will assign your student to an appropriate school where there is space available.
When the transfer is approved, the student is required to meet the attendance, behavior and scholastic requirements that the district of attendance normally expects of its students.
When the transfer is approved, it is generally for one school year only, unless it is granted for additional years for exceptional or extraordinary circumstances. The parents/guardians must apply each school year and must satisfy the criteria, which the districts have at that time.
(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5117.1 - Interdistrict Attendance Agreements)
(cf. 5117.2 - Alternative Interdistrict Attendance Program)
(cf. 5145.6 - Parental Notifications)
Exhibit SANTA CLARA UNIFIED SCHOOL DISTRICT
version: February 13, 2014 Santa Clara, California