Interdistrict Attendance Appeals
BP 5117

Note: Certain decisions by the governing boards of school districts may be appealed to the County Board. Education Code 46601 allows a student to appeal to the County Board when a school district denies his/her request for interdistrict attendance. However, students who are under consideration for expulsion, or who have been expelled, may not appeal interdistrict attendance denials while the expulsion proceedings are pending or during the term of the expulsion.

For appeals on denials of charter school petitions, see BP/E 0420.4 Charter Schools, and for appeals on student expulsion, see BP 5144.3 Student Expulsion Appeals.

The County Board of Education shall consider an appeal against any school district within the county for its failure or refusal to issue an interdistrict attendance permit to a student, or for its failure or refusal to enter into an interdistrict attendance agreement with another school district for the student’s attendance. (Education Code 46601)

If the request for interdistrict attendance involves a school district located within the county and a school district located in a different county, the County Board shall have jurisdiction if the denial of the permit, or the refusal or failure to enter into an agreement, is by the school district within the county. If both school districts deny the permit or refuse or fail to enter into an agreement, the County Board shall have jurisdiction only if the school district within the county is the student’s district of residence. (Education Code 46601)

The appeal shall be filed in writing, by a person having legal custody of the student, within 30 calendar days of the district’s failure or refusal to issue a permit, or to enter into an agreement allowing the interdistrict attendance. Failure to appeal within the required time is good cause for denial of an appeal. (Education Code 46601)

The appeal shall be accepted only upon verification by the County Superintendent of Schools or designee that appeals within the districts have been exhausted. (Education Code 46601)

Hearing

Note: The time stated in the following paragraph to notify the parties about the hearing, is suggested to ensure compliance with the timelines set by law for the hearing and the County Board’s decision. The County Board may revise it to reflect its practice.

No later than 10 days prior to the hearing, the secretary to the County Board shall serve upon all parties involved, a notice by certified mail, return receipt requested. The notice shall include details of the date, time and place of the hearing, and of the opportunity to submit written statements and documentation, and to be heard on the matter. 

Note: Education Code 46601 allows counties with 1994/95 countywide ADA of at least 180,000, to appoint a hearing officer or an impartial administrative panel to hear appeals on behalf of the County Board. Even when a hearing officer or administrative panel is appointed, the following timelines must be complied with.

The County Board shall conduct a hearing within 30 calendar days after the appeal is filed, to determine whether the student should be permitted to attend school in the district of his/her choice. If it is impractical for the County Board to comply with the time requirement for the hearing, the County Board may extend the time period for up to an additional five school days. (Education Code 46601)

Final Order of the County Board

Note: Option 1 is for County Boards that hear interdistrict attendance appeals and those that appoint hearing officers/administrative panels to hear such appeals and invest them with the authority to render final decisions on behalf of the County Board. Option 2 is for County Boards that appoint hearing officers/administrative panels but retain the authority to render final decisions.

OPTION 1: County Board/Hearing Officer or Administrative Panel with Authority to Render Final Decision

The County Board/hearing officer/administrative panel shall render its decision within three school days of the hearing unless the student requests a postponement. (Education Code 46601)

OPTION 2: Hearing Officer or Administrative Panel without Authority to Render Final Decision

The County Board shall render a decision within 10 days of receiving the hearing officer/administrative panel’s recommended decision. (Education Code 46601)

Note: The following paragraph applies to all County Boards

The County Board shall either grant or deny an appeal on its merits. However, if new evidence or grounds for the request are introduced, the County Board may remand the matter for further consideration by the district or districts.

If the County Board determines that the student should be permitted to attend school in the district of choice, the County Board shall fix the length of time for the student’s attendance in that district, and the student shall be admitted to a school in that district without delay. (Education Code 44601, 46602)

All parties shall be notified in writing of the decision of the County Board. (Education Code 46602)

Legal Reference:

EDUCATION CODE
46600-46611 Interdistrict attendance agreements
48204 Residency requirements for school attendance
48209-48209.17 Student attendance alternatives
48660-48666 Community day schools
48900-48926 Suspension and expulsion
48950 Speech and other communication
49073-49079 Privacy of student records

GOVERNMENT CODE
11455.20 Contempt
54950-54962 Ralph M. Brown Act (re closed sessions)

08/02

Policy Reference UPDATE Service
Copyright 2002 by California School Boards Association, West Sacramento, California 95691
All rights reserved.