New Haven Unified School District

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Administrative Regulations for Board Policy #S-5117

New Haven Unified School District
STUDENT POLICIES

INTERDISTRICT TRANSFERS

The school district in which the parent or legal guardian resides has jurisdiction for the education of any person between the ages of 6 and 18 years. A student may be permitted to enroll in another school district provided that an interdistrict transfer is approved by the sending and receiving school districts.

The Superintendent or designee may approve interdistrict attendance permits for the following reasons:

1. To meet the child care needs of a student (Education Code 46601.5)

2. To meet a child’s special mental or physical health needs as certified by a physician, school psychologist, or other appropriate school personnel. (cf. 6159 – Individualized Education Program)

3. When a student has a sibling(s) attending school in the receiving district, to avoid splitting the family’s attendance.

4. To allow a student to complete a school year when his/her parents/guardians have moved out of the district during the year.

5. To allow students to remain with a class graduating that year from an elementary, junior, or senior high school.

6. To let seniors attend the same school they attended as juniors, even if their families moved out of the district during the junior year.

7. When the parent/guardian provides written evidence that the family will be moving to the district in the immediate future and would like the student to start the year in the district.

8. When a student will be living out of the district for one year or less.

9. When recommended by the School Attendance Review Board or by county child welfare, probation or social service agency staff in documented cases of serious home or community problems which make it inadvisable for the student to attend the school of residency. (cf. 5113.1 – Truancy)

10. When there is valid interest in a particular educational program not offered in the district of residence.

11. To provide a change in school environment for reasons of personal and social adjustment.

Interdistrict attendance permits or applications shall not be required for students enrolling in a regional occupational center or program. (Education Code 52317)

Every interdistrict attendance permit shall stipulate the terms and conditions under which the permit may be revoked. (Education Code 46600)

The Superintendent or designee shall notify parents/guardians of a student who is denied interdistrict attendance regarding the process for appeal to the County Board of Education as specified in Education Code 46601.

Residency

For the purpose of interdistrict transfers, pupil residence is defined as:

1. The residence of the parent with whom the student lives.

2. There can be only one residence. For cases of joint physical custody of a minor, the parents must stipulate one school district for enrollment purposes.

Conditional Terms

1. The transfer form shall first be approved by the sending district and presented to the receiving district.

2. Interdistrict transfers expire on the last school day of the academic year.

The district may deny a transfer if:

1. The transfer would require the district to create a new program to serve that student

2. The Board determines that the transfer would negatively impact a court-ordered or voluntary desegregation plan of the district.

3. The number of transfers out of the district exceeds the limit specified in Education Code 48307.

The district shall not provide transportation for students attending school on an interdistrict transfer.

Application Process for Transfers Going Out of New Haven Unified School District

1. A parent/legal guardian may obtain an Interdistrict Transfer Application from the New Haven Unified School District, Centralized Enrollment Center, at 34200 Alvarado-Niles Road, Union City, CA 94587

2. The New Haven district will approve or deny the transfer within thirty (30) calendar days after receipt.

3. The application for transfer must be completed by the parent/legal guardian, must include specific reasons for requesting the transfer, and include any documentation supporting the request.

4. The student shall return all school books and materials and settle any unpaid fines on or before his/her last day of attendance. The New Haven district may withhold the grades, diploma, or transcript until the student or parent/guardian has paid for missing school property.

Application Process for Transfers Into New Haven Unified School District

1. At any time during the school year, a parent may complete an Interdistrict Transfer application acquired from their district of residence and submit it to the New Haven Unified School District, Centralized Enrollment Center, at 34200 Alvarado-Niles Road, Union City. The application must include a copy of the student’s attendance record and academic transcript from the previous year unless he or she was enrolled in a New Haven school.

2. The district will approve or deny the transfer within ten calendar days when the request is for the current school year.

3. Transfer applications will be reviewed annually.

4. Transfer applications received for the following school year may be submitted after January 1st and shall be approved or denied before the start of the school year.

5. Each student’s transfer application will be approved or denied on its own merit.

6. No student shall be enrolled on an interdistrict transfer if that student’s enrollment will cause any class to exceed class-size limits set by the district or above the maximums provided for in the negotiated teacher contract or places the district at risk of violating such a standard or, in the case of middle or high schools, enrollment would interfere with the appropriate scheduling of currently enrolled students.

7. Parents of pupils under pending or actual expulsion must disclose the fact upon application.

8. While parents may request a school site, placement is at the discretion of the Superintendent or designee and is based on space available at the given grade level and site requested.

Revocation of Interdistrict Transfers

Revocation of interdistrict transfers will normally occur only at the end of a grading period, however the district may revoke an interdistrict transfer at other times for:

Expelled Individuals

If an individual has been expelled or recommended for expulsion from another school district for any violations of Education Code 48915(b) or (e) , the New Haven Unified School District shall hold an administrative hearing to determine if the individual poses a continuing danger either to pupils or employees. At the hearing the district shall review the expulsion information from the expelling district and will determine if the individual has complied with the rehabilitation conditions. The district may deny enrollment or permit conditional enrollment in a regular school program or alternative program.

Denial of Interdistrict Transfers and Appeal Process

The parent/legal guardian of a student who is denied a transfer shall be informed of the right to appeal the decision to the Executive Director of Student Services. Subsequent to all district appeals, the parent may then appeal the decision within thirty (30) calendar days to the Alameda County Board of Education.

Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict transfer decisions while expulsion proceedings are pending, or during the term of the expulsion.

Legal References:

CALIFORNIA EDUCATION CODE
3250 Transportation fees
3540 Transportation
46600-46611 Interdistrict attendance agreements and computation
46621 Newly formed, changed or joint district
48011 Admission from kindergarten or other school
48200 Compulsory education, definition of residency
48204 Residency requirements for school attendance
48209-48209.16 Student attendance alternatives
48904 Withholding grades, diploma, or transcripts
48915 Expulsion; particular circumstances
48915.1 Expelled individuals: enrollment in another district
48918 Rules governing expulsion procedures
48980 Notice of beginning of term
52317 Admission of persons including nonresidents to attendance area; workers' compensation for pupils

Cross Reference:

NEW HAVEN UNIFIED SCHOOL DISTRICT BOARD POLICIES
#S-5119 Students expelled from other districts
#S-5144 Discipline
#S-3250 Transportation fees
#S-3540 Transportation

March 2006