Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
Interdistrict transfers (move of student from one school district to another at parent request) are common events. A parent does not like where their child attends school, the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child. They then request a transfer to another school district. Once that transfer request is granted, can the school require students to reapply year after year for a transfer? No.
Per California Education Code section 46600, two school districts may enter an agreement to accept students of the other district. Once accepted on an interdistrict transfer, however:
"[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled."
This is wonderful as if you are "in," you remain "in." Previously, I would hear from parents who would have to reapply every year to maintain a transfer- no more.
Section 46601, however, does specify that a district may develop terms of revocation. I have often seen VERY VERY restrictive interdistrict transfer agreements stating that if a student "does not follow school rules," their transfer will be revoked. I would certainly argue against revocation for minor events. However, depending on the terms of revocation at the new district, this statute loses some of its strength. Still, for most parents, this will be good news.
Additionally, once a student is transferred and will attend the eleventh or twelfth grades in the upcoming year, their transfer can no longer be revoked. For the school of attendance to kick them out then, they would have to expel them or impose an involuntary transfer. This should ease some parents' worries on their high schoolers' continued attendance.
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Law and Rights
Interdistrict Transfers in California: Can A School Require You To Reapply?
By Michelle Ball, California Education Attorney for Students since 1995
Interdistrict transfers (move of student from one school district to another at parent request) are common events. A parent does not like where their child attends school, the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child. They then request a transfer to another school district. Once that transfer request is granted, can the school require students to reapply year after year for a transfer? No.
Per California Education Code section 46600, two school districts may enter an agreement to accept students of the other district. Once accepted on an interdistrict transfer, however:
"[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled."
This is wonderful as if you are "in," you remain "in." Previously, I would hear from parents who would have to reapply every year to maintain a transfer- no more.
Section 46601, however, does specify that a district may develop terms of revocation. I have often seen VERY VERY restrictive interdistrict transfer agreements stating that if a student "does not follow school rules," their transfer will be revoked. I would certainly argue against revocation for minor events. However, depending on the terms of revocation at the new district, this statute loses some of its strength. Still, for most parents, this will be good news.
Additionally, once a student is transferred and will attend the eleventh or twelfth grades in the upcoming year, their transfer can no longer be revoked. For the school of attendance to kick them out then, they would have to expel them or impose an involuntary transfer. This should ease some parents' worries on their high schoolers' continued attendance.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Faceboook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Improved, But Still Confusing Cif High School Sports Transfer Rules
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the California Interscholastic Federation, aka CIF, the governing body for high school sports in California, softened their interdistrict transfer rules for the better....
- Now Is The Time To Change Schools In Roseville Joint Unified School District As District Identified As "needs Improvement" Under No Child Left Behind: Deadline October 17, 2011
By Michelle Ball, California Education Attorney for Students since 1995 Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools....
- What Happens After A School Expels A Student? Can They Still Attend Some School?
By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- Can Schools Just Involuntarily Transfer My Child To A Continuation School?
By Michelle Ball, California Education Attorney for Students since 1995 Okay- you are going along in life, minding your own business. Your kids are fine, attending school, seem to be able to read and all is right with the world when suddenly, you...