Legislative Update: New Timelines for Interdistrict Transfer Appeals at Certain County Offices of Education

October 2017
Number 66

Under existing law, school districts enjoy wide discretion in setting the terms for rejection and revocation of an interdistrict transfer under Education Code section 46600 et seq. Terms of transfer revocation are typically clearly specified in a transfer agreement between two school districts. Rejection and revocation of interdistrict transfers cannot be based on any discriminatory or other unlawful basis. Students denied an interdistrict transfer may appeal the denial to the county office of education.

Due to a recent increase in the number of interdistrict transfer appeals heard by the Los Angeles County Office of Education, the Legislature passed Senate Bill (SB) 344 to provide a longer timeline for a county office of education to hear these appeals. This bill takes effect January 1, 2018. The Los Angeles County Office of Education now has 60 calendar days after an appeal is filed to consider whether a student should attend school where he or she desires.

Other large county offices of education (Alameda, Contra Costa, Fresno, Kern, Orange, Riverside, Sacramento, San Bernardino, San Diego and Santa Clara) now have 45 calendar days instead of 40 school days to make this determination. These new timelines are set to expire on July 1, 2023 for the Los Angeles County Office of Education and July 1, 2019 for these other large county offices of education.

If you have any questions about the implementation of SB 344, please contact the authors of this Client News Brief or an attorney at one of our eight offices located statewide. You can also visit our website, follow us on Facebook or Twitter or download our Client News Brief App.

Written by:

Roberta L. Rowe

Partner

Joshua Whiteside

Associate

©2017 Lozano Smith

As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

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