SECTIONS 46600-46611 - California Statutes

EDUCATION CODE

SECTION 46600-46611

46600. (a) (1) The governing boards of two or more school districts
may enter into an agreement, for a term not to exceed five school
years, for the interdistrict attendance of pupils who are residents
of the districts. The agreement may provide for the admission to a
district other than the district of residence of a pupil who requests
a permit to attend a school district that is a party to the
agreement and that maintains schools and classes in kindergarten or
any of grades 1 to 12, inclusive, to which the pupil requests
admission. Once a pupil in kindergarten or any of grades 1 to 12,
inclusive, is enrolled in a school pursuant to this chapter, the
pupil shall not have to reapply for an interdistrict transfer, and
the governing board of the school district of enrollment shall allow
the pupil to continue to attend the school in which he or she is
enrolled, except as specified in paragraphs (2) and (4).
(2) The agreement shall stipulate the terms and conditions under
which interdistrict attendance shall be permitted or denied. The
agreement may contain standards for reapplication agreed to by the
district of residence and the district of attendance that differ from
the requirements prescribed by paragraph (1). The agreement may
stipulate terms and conditions established by the district of
residence and the district of enrollment under which the permit may
be revoked.
(3) The supervisor of attendance of the district of residence
shall issue an individual permit verifying the district's approval,
pursuant to policies of the board and terms of the agreement for the
transfer. A permit shall be valid upon concurring endorsement by the
designee of the governing board of the district of proposed
attendance. The stipulation of the terms and conditions under which
the permit may be revoked is the responsibility of the district of
attendance.
(4) Notwithstanding paragraph (2), a school district of residence
or school district of enrollment shall not rescind existing transfer
permits for pupils entering grade 11 or 12 in the subsequent school
year.
(b) In addition to the requirements of subdivision (e) of Section
48915.1, and regardless of whether an agreement exists or a permit is
issued pursuant to this section, any district may admit a pupil
expelled from another district in which the pupil continues to
reside.

46601. If, within 30 calendar days after the person having legal
custody of a pupil has so requested, the governing board of either
school district fails to approve interdistrict attendance in the
current term, or, in the absence of an agreement between the
districts, fails or refuses to enter into an agreement, the district
denying the permit, or, in the absence of an agreement, the district
of residence, shall advise the person requesting the permit of the
right to appeal to the county board of education.
If, within 14 calendar days after the commencement of instruction
in a new term in each of the school districts, respectively, when the
person having legal custody of a pupil has so requested separately
of each district not later than 30 calendar days prior to the
commencement of instruction in that term in that district, the
governing board of either district fails to approve interdistrict
attendance in that term, or, in the absence of an agreement between
the districts to permit that attendance, fails or refuses to enter an
agreement, the district denying the permit, or, in the absence of an
agreement, the district of residence, shall advise the person
requesting the permit of the right to appeal to the county board of
education.
Notifying districts shall also, in all instances, advise persons
making unsuccessful requests for interdistrict attendance of all of
the following:
(a) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the district of residence of the
parent or legal guardian or person having legal custody. Failure to
appeal within the required time is good cause for denial of an
appeal. An appeal shall be accepted only upon verification by the
county board's designee that appeals within the districts have been
exhausted. 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. In all other cases, the appeal shall be
granted or denied on its merits.
(b) (1) The county board of education shall, within 30 calendar
days after the appeal is filed, determine whether the pupil should be
permitted to attend in the district in which the pupil desires to
attend and the applicable period of time. In the event that
compliance by the county board within the time requirement for
determining whether the pupil should be permitted to attend in the
district in which the pupil desires to attend is impractical, the
county board or the county superintendent of schools, for good cause,
may extend the time period for up to an additional five school days.
The county shall provide adequate notice to all parties of the date
and time of any hearing scheduled and of the opportunity to submit
written statements and documentation and to be heard on the matter
pursuant to rules and regulations adopted by the county board of
education. The county board rules may provide for the granting of
continuances upon a showing of good cause. The county board of
education shall render a decision within three schooldays of any
hearing conducted by the board unless the person who filed the appeal
requests a postponement.
(2) In a class 1 or class 2 county, the county board rules may
provide for any hearing pursuant to this section to be conducted by a
hearing officer pursuant to Chapter 14 (commencing with Section
27720) of Part 3 of Title 3 of the Government Code, or by an
impartial administrative panel of three or more certificated persons
appointed by the county board of education. Section 27722 is
applicable to a hearing by any impartial administrative panel and,
for purposes of this section, the term "hearing officer" in Section
27722 includes an impartial administrative panel. No member of the
impartial administrative panel shall be a member of the county board
of education, nor be employed by the school district of residence or
the district of desired attendance. The definitions of "class 1
county" and "class 2 county" in subdivision (c) of Section 48919.5
apply to this section. If the hearing officer is not authorized to
decide whether the pupil should be permitted to attend in the
district in which the pupil desires to attend, the county board of
education within 10 days of receiving the recommended decision
pursuant to subdivision (b) of Section 27722 of the Government Code
shall render a decision.
(c) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
in reaching a decision.
(d) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the district denying a permit, or refusing or
failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
districts deny a permit, or refuse or fail to enter into an agreement
to allow for the issuance of a permit, the county board having
jurisdiction over the district of residence shall have jurisdiction
for purposes of an appeal and, upon granting a pupil's appeal, shall
seek concurrence in the decision by the county board of the other
county which shall provide adequate opportunity for the district
under its jurisdiction to be heard on the matter before making a
decision. If the two county boards do not then concur, the pupil's
appeal shall be denied.
(e) Students who are under consideration for expulsion, or who
have been expelled pursuant to Sections 48915 and 48918, may not
appeal interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion.

46602. If the county board of education determines that the pupil
should be permitted to attend in the district in which he or she
desires to attend, the pupil shall be admitted to school in the
district without delay and the attendance may be counted by the
district of attendance for revenue limit and state apportionment
purposes.
Written notice of the decision by the county board of education
shall be delivered to the pupil and the parent or guardian, or person
having custody of him or her, and to the governing boards of the
districts.

46603. For a period not to exceed two school months, the governing
board of a school district may provisionally admit to the schools of
the district a pupil who resides in another district, pending a
decision of the two boards, or by the county board of education upon
appeal, regarding the interdistrict attendance.
Regardless of whether the decision on interdistrict attendance is
allowed, the provisional attendance may be counted by the district of
attendance for revenue limit and state apportionment purposes.

46604. If the governing board of a school district in which pupils
reside who are lawfully attending in another district fails or
refuses to pay, when due, the amount required to be paid to the
district of attendance for the education of those pupils under any
provision of this code, the county superintendent of schools having
jurisdiction over the district of residence shall draw a requisition
against the funds of the district of residence in favor of the
district of attendance in payment of that amount and transmit the
requisition to the governing board of the district of attendance.

46606. (a) A regional occupational program or regional occupational
center maintained by a school district, county superintendent of
schools, or a regional occupational program or regional occupational
center maintained by two or more school districts pursuant to a joint
powers or cooperative agreement, may admit pupils who reside outside
the attendance area of the regional occupational program or regional
occupational center.
(b) The average daily attendance for attendance of pupils who
reside outside of the regional occupational center or program
attendance area and are enrolled in a regional occupational center or
program pursuant to Section 52317 shall be credited to the regional
occupational center or program that incurs the training costs for
purposes of determining state apportionments and the revenue limits.
(c) For purposes of computing the revenue limits for pupils who
enroll in a regional occupational center or program outside their
district of residence, the regional occupational center or program
shall claim its own revenue limit.
(d) The regional occupational center or program is not eligible
for state reimbursement for home-to-school transportation allowances
for pupils who are enrolled in the regional occupational center or
program pursuant to this section.

46607. (a) Except as provided in subdivision (b) or (c), the
average daily attendance for attendance of pupils from another
district shall be credited to the district of attendance for purposes
of determining state apportionments and the revenue limit pursuant
to Section 42237 or 42238.
(b) For any district that would have a reduction of 25 percent or
more in its federal grant pursuant to Public Law 81-874 if the
average daily attendance of pupils residing within the district were
credited to the district of attendance, then the average daily
attendance resulting from an interdistrict attendance agreement shall
be credited to the district of residence and the district of
residence shall pay a tuition to the district of attendance no later
than the next August 31, after the close of the fiscal year as
follows:
(1) For attendance in regular day schools and summer schools the
tuition per unit of average daily attendance, if any, shall not
exceed the actual cost per unit of average daily attendance for the
grade level or program less any income, other than tuition, received
by the district of attendance on account of such attendance.
(2) The district in which the pupil resides shall reduce its total
revenue limit pursuant to Section 42238 by the total excess, if any,
of its revenue limit per unit of average daily attendance multiplied
by the total interdistrict attendance over the total tuition to be
paid to districts of attendance.
The district in which the pupil resides may increase its total
revenue limit pursuant to Section 42238 by the total excess, if any,
of the total tuition to be paid to districts of attendance over the
district of residence's revenue limit per unit of average daily
attendance multiplied by the total interdistrict average daily
attendance.
(c) For any consortium of school districts operating an adult
education and a regional occupational program serving four or more
school districts, the school districts may agree to claim the unit of
average daily attendance on the basis of the district of residence
and pay such interdistrict tuition to the district of attendance as
agreed to by the participating districts.

46609. The governing board of a unified school district, whose
boundaries are coterminous with the boundaries of a county, and which
is contiguous to an adjoining state, may provide for the education
of all or any number of the high school pupils of the district who
reside in the district by the attendance of these pupils at the
schools of a school district of an adjoining state. The governing
board of the unified school district may enter an agreement with the
school district of an adjoining state for the education of these
pupils, subject to the terms and conditions agreed upon. The
provisions of Sections 2000 to 2011, inclusive, do not apply to
pupils educated pursuant to an agreement authorized by this section.
The average daily attendance of pupils educated pursuant to an
agreement authorized by this section shall be credited to the
district of residence for apportionment purposes. The superintendent
of schools of the district, or the principal of the school, in the
adjoining state attended by the pupils under such an agreement shall,
not later than July 2 of each year, certify, to the county
superintendent of schools having jurisdiction over the school
district of residence of the pupils, the average daily attendance of
the pupils of the district attending the schools of the school
district in the adjoining state. Certification shall be made on forms
furnished by the Superintendent of Public Instruction. The county
superintendent of schools shall report the average daily attendance
to the Superintendent of Public Instruction, who shall include the
average daily attendance in his report of average daily attendance in
all of the duly established schools of the state for the last
preceding school year certified by him to the State Controller.

46610. Notwithstanding any other provision of law, the Fallbrook
Union High School District shall enter into an interdistrict
attendance agreement with the Capistrano Unified School District to
allow any pupil, at the request of his or her parent or guardian, to
attend schools of the Capistrano Unified School District when the
pupil resides in the San Onofre housing area of the Marine Corps
Base, Camp Joseph H. Pendleton. No more than 150 pupils from the
Fallbrook Union High School District may attend school in the
Capistrano Unified School District pursuant to this interdistrict
attendance agreement.
The Fallbrook Union High School District shall be credited with
the average daily attendance of these pupils for the purpose of
determining state apportionments and revenue limits and for the
purpose of receiving federal grants pursuant to Public Law 81-874.
The Fallbrook Union High School District shall pay tuition to the
Capistrano Unified School District for the attendance of these pupils
only in the amount of the state apportionments paid to the Fallbrook
Union High School District for the attendance of these pupils, plus
an amount computed as follows:
(a) Divide the amount of funds paid pursuant to Section 3 of
Public Law 81-874 (20 U.S.C. 238) to the Fallbrook Union High School
District in the current fiscal year by the average daily attendance
of the district in the current fiscal year.
(b) Multiply the amount in subdivision (a) by the average daily
attendance, for the year of attendance for secondary school pupils
attending the schools of the Capistrano Unified School District
pursuant to Section 46610.

46611. (a) When an interdistrict attendance agreement is entered
into pursuant to Section 46610, the Superintendent of Public
Instruction shall apportion from Section A of the State School Fund
to the Capistrano Unified School District the allowance computed in
subdivision (b) for educating secondary school pupils attending
pursuant to the agreement during the year the pupils are in
attendance in that district reduced by the amounts payable to
Capistrano Unified School District by the Fallbrook Union High School
District pursuant to Section 46610.
(b) The Superintendent of Public Instruction shall compute an
allowance for educating secondary school pupils, as follows:
(1) Compute, for the year of attendance, the statewide average
revenue limit per unit of average daily attendance for high school
districts with more than 300 units of average daily attendance.
(2) From the amount in paragraph (1), subtract one hundred dollars
($100).
(3) Multiply the amount in paragraph (2) by the average daily
attendance, for the year of attendance, for secondary school pupils
attending the schools of the Capistrano Unified School District
pursuant to Section 46610.