LEGISLATURE EXTENDS INTERDISTRICT TRANSFER APPEAL DETERMINATION DEADLINE FOR COUNTIES WITH GREATER THAN 180,000 ADA

August 2011
Number 39

Governor Brown recently signed into law Assembly Bill (AB) 1085, which amends the Education Code regarding interdistrict transfers and attendance. The stated intent of AB 1085 is to give large county offices of education more time to resolve an increasingly large number of interdistrict transfer appeals.

Education Code section 46600 et seq. governs interdistrict attendance and authorizes the governing boards of two or more school districts to enter into an agreement with other school districts for the interdistrict attendance of students who are residents of the school districts. If a school district fails to approve a student’s request for interdistrict transfer and attendance, or if the districts refuse to or fail to enter into an overarching agreement regarding interdistrict transfers, Education Code section 46601 currently allows the person having legal custody of the student to appeal to the county board of education. The county board of education is then required to determine, within 30 calendar days after the appeal is filed, whether the student should be permitted to attend in the school district in which the student seeks an interdistrict transfer.

AB 1085 amends Education Code section 46601 to extend this timeline to 40 school days for counties with more than 180,000 countywide average daily attendance (ADA). Counties with more than 180,000 ADA include, Alameda, Fresno, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, and Santa Clara.

This new requirement is operative until July 1, 2015. For interdistrict transfer appeals of students residing within counties with an ADA of less than 180,000, county boards of education are still required to make a determination on the appeal within 30 calendar days.

County offices of education in the counties listed above may want to amend their interdistrict transfer policies and any corresponding information provided to persons, including parents and students, regarding appeal rights, in order to reflect the extension of the deadline imposed upon county boards of education.

If you have any questions regarding AB 1085, please contact one of our eight offices located statewide or consult our website.

Sloan Simmons
Shareholders and Student Practice Group Co-Chair
Sacramento Office
ssimmons@lozanosmith.com

Kinna Crocker
Associate
Santa Rosa Office
kcrocker@lozanosmith.com

© 2011 Lozano Smith

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