Switching Schools Within Your District: Open Enrollment And Intradistrict Transfer Options

 By Michelle Ball, California Education Attorney for Students since 1995

Sometimes students are just not at the right school, but their parents like the school district they live within and want to keep their kids in it.  There are processes in place to achieve this goal, but certain requirements must be met.  Some options available to parents include open enrollment or filing an application for intradistrict transfer per school district policies.

Open Enrollment

What is school district open enrollment?  This is a process where a student living within a district can opt to attend any school in that district.  All a parent needs to do usually is return the relevant forms, listing their top choices for schools.  

All districts are supposed to have an open enrollment process, and the only argument to not have one could conceivably be that there is only one school in the district or all their schools are overly enrolled, aka impacted, and will remain so.  Most districts will have some space and will need to hold an open enrollment process.  

The school open enrollment process usually happens at the end of the prior year or early in the calendar year when the transfer will apply (e.g. late 2021- early 2022 deadline for a move at the beginning of the 2022-2023 school year).  Due dates for submissions vary by school district.

Certain priorities will apply.  For example, open enrollment cannot cause the displacement of residents who want to attend their school of residence.  After the residents of a school are placed, other students with priorities should be placed.  Priorities can exist for siblings of a student already in attendance and/or as outlined in school district policies.  If there end up being spaces and too many students vying for those spaces, an unbiased student lottery should occur.

Intradistrict Transfer

If open enrollment request time has passed, and a parent wants to transfer to another school in their district, they could pursue an intradistrict transfer. 

What is an intradistrict transfer?  It is a transfer to another school WITHIN the same school district. This is different from an interdistrict transfer, which is between two different school districts.  

There may be deadlines to apply for intradistrict transfers, but many districts may accept requests outside the timelines as well, depending on the reasons for the request.  If the regular timeline can be met, that is a good idea.

The rules related to these transfers will be outlined in school board policies, usually found on most school district websites under a tab titled "School Board" or "Board of Education," or by contacting the school district office.  There may be a place on a school district website referencing intradistrict transfers and requirements to obtain one.

Most districts outline certain parameters for the granting of intradistrict transfer requests such as the new school having a program not at the school of residence, the school where the student resides being persistently dangerous, a court order, bullying, or the mental health of the student, among other possible bases.  

Other Ways To Transfer

Students who are in special education may be transferred without ever applying via this process, if their IEP (Individualized Educational Program) team places them due to services needed at a particular school.

Sometimes an involuntary intradistrict transfer may be imposed on a student who has committed a harmful act and/or agreed to by their parent to avoid a school expulsion.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

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.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

 

READ MORE - Switching Schools Within Your District: Open Enrollment And Intradistrict Transfer Options

Who is a Resident of a School District?

 By Michelle Ball, California Education Attorney for Students since 1995 

What district a student is a resident of is usually a simple matter isn't it?  Where does one live and what does the online map say?  Regardless, sometimes this can become a tricky and very important issue for kids.  

Where a student resides legally comes up when a family moves, when a student wants to attend a school where their parent works, their parents are in the military, or are taken out of the state, while the child remains behind in California.  Residency status can become critical, and can involve investigations by school districts and termination of attendance if a student is not found a "resident" of the school district where they attend.

The bottom line is to attend a school district one must be a resident of that school district as defined by state law and district policy.  Simply, a resident is a student 

living with their parents within the boundaries of a school district.  A resident is also, per California Education Code Section 48204, defined as:

-  A student who is attending on an interdistrict attendance agreement (transfer) which has been approved (California Education Code section 46600)

- An emancipated minor living within the district

- A student living in a caregivers home in the district (e.g.caregiver affidavit)

- A student in a state hospital in the district

- A student whose parent or legal guardian works at least 10 hours in that district, who has been approved for transfer.  So long as the parent remains employed, this student should be able to attend through twelfth grade without reapplication (California Education Code section 48204(b)(8)).

-  A foster care, family home, or children's institution resident living in the district boundaries.

- A foster care student who remains in their school (but may not live in that area) within the district

Students may also continue to attend a school, although the codes do not address whether they are "residents," in the following circumstances:

- A student whose parent is active military and who is being transferred into the district. (California Education Code section 48204.3)

- A student whose parent has departed the state involuntarily, regardless of where the pupil lived in California prior to the departure (California Education Code section 48204.4)

- A student belonging to a military family who attends and was a resident previously (California Education Code section 48204.6).  The time they are allowed to stay will depend on the grade in which they were/are enrolled.

-  A student who is migratory and attends that district (California Education Code section 48204.7). The time they are allowed to stay will depend on the grade in which they were/are enrolled.

This determination of a student's status as a "resident," is critical for many families, to ensure their kids don't have to switch schools unnecessarily or that a student can enter a particular district or remain at their school of attendance.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

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. This blog may not reflect the current state of the law.  

[This communication may be considered a communication/solicitation for services]

READ MORE - Who is a Resident of a School District?

The Importance Of The Chronic Illness Form When Your Child Is Sick

By Michelle Ball, California Education Attorney for Students since 1995

Life may seem rosy for most California public school kids as they can attend school and are there for most of the material, homework, tests and other school activities.  However, if you find your child is missing a lot of school due to a long term illness and attendance is becoming an issue, completion of a "Chronic Illness Verification  Form" may help protect your child, as well as you, from truancy and other issues.

Truancy laws in California can be very heavy handed and allow punishment for a student with 3 unexcused absences and/or who misses more than 30 minutes in a day without valid excuse (Ed §48260).  Although most schools allow students to miss 3 days without a doctor's note, and only parent verification of illness, the fourth day means a mandated visit to a doctor just to get a note.  If the parent does not get this note for that day and days following, the student may be stuck with an unexcused absence.  Three of these unexcused sick days (days beyond what the school allows a parent to excuse) without a doctor's note may may mean the student is labelled a "truant."  

What happens if the child has an illness which keeps them out for a week at a time, and a doctor visit won't alter this (as it is a chronic condition such as cancer, heart condition, debilitating stomach or pain issues, etc.)?  The parent is still forced to drag their child to a waiting room to see a medical person, and must incur a bill for the office visit just to confirm the child is ill and receives an excused absence.  This is even the case  if the parent already knows their child is sick from illness, but must just stay out a fourth, fifth, etc. day of school in a row prior to being able to return to school.

Schools may not tell parents, but when a student has issues where they physically cannot attend school frequently, which are medically documented, the parent has options other than dragging their child to the doctor on the fourth day of any absence.  These options are not always communicated to families by schools.  

One great option for parents is to have their doctor complete a "Chronic Illness Verification Form,"  (link to form which opens a Word document). This form gives the parent the ability to excuse their child beyond the 3 days the schools normally allow.  The preface in the form states:

"The Chronic Illness Form allows parents to excuse absences due to a specific medical condition with the same authority as a medical professional." 

It may be best to ask for the school's form as a first step, but a parent does not have to wait to get this form from their school.  Rather, parents can take this form directly to their child's doctor.   

Once this form is completed by the medical professional, it is returned to the school, which may verify the form came from the physician.  Thereafter, the parent may excuse their child for medical reasons for an extended time period without having to go to the doctor.  Work missed should be able to be made up and truancy issues will hopefully not be pursued (fingers crossed as some districts try to pursue truancy for "excessive excused" absences).

Other options for help with this type of situation are Home Hospital Instruction (HHI), as well as setting up a Section 504 Plan, or even an IEP (Individualized Education Program).  However, while those may be pending or even not pursued by the parent, this form can help a parent deal with a student who just cannot go to school due to their illness.  It allows an already stressed parent to breathe a large sigh of relief that even though their child is very ill, at least a doctor's visit is not needed every fourth day to avoid truancy at school.    

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

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

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

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.

READ MORE - The Importance Of The Chronic Illness Form When Your Child Is Sick

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 actually issues?

A child who is expelled, unless an exception is made in the expulsion decision and/or agreement, may not attend any school within the district from which they were expelled.  But, they still are entitled to an education.  Per California Education Code section 48915(d), a student who is expelled shall be referred to a program of study which meets the following conditions:

(1)  Is appropriately prepared to accommodate pupils 
who exhibit discipline problems.

(2)  Is not provided at a comprehensive middle, junior, or senior 
high school, or at any elementary school.

(3)  Is not housed at the schoolsite attended by the pupil
 at the time of suspension.

What this translates to in the real world post-expulsion, is usually a move to a continuation school.  If the school district has their own continuation school set up, the student is shuffled there.  If the district does not, the students are usually referred to the county continuation school.  These are not the places most parents usually want their child to attend, but they do work for some students in the right circumstances.  The reason they may be perceived as unsavory is, ironically, the fact that all the expelled (aka "bad") students attend these schools. Most parents do not envision their children as one of "those kids" even after they are expelled.

One good thing- usually the attendance at the assigned school is not mandatory (verify with your district), so a parent may attempt to enroll their child in another district, a charter school, a private school, or an on-line school.  Often an on-line school may be the only option, but the others may be worth a shot as well.  When applying, a parent must tell the new school they are trying to enter of the expulsion.  However, they can still attempt to persuade the school to admit the student.  A letter of their own and/or authored by their legal counsel explaining the situation, how it was flawed, etc. may be helpful.

Rather than take a shot at the expulsion hearing, and risk such a placement, it is strongly recommended that parents involve an attorney specialized in education law prior to the expulsion hearing so a more positive outcome may be sought. Expulsions are a big deal- don't chance it.

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/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. 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.

READ MORE - What Happens After A School Expels a Student? Can They Still Attend Some School?