MEMORANDUM

RE: Appeal Process for Interdistrict Transfers, (Cal. Educ. Code Section 46601)

DATE: July 28, 1987 (Revised January 19, 1999)


The following is a summary of the procedure for appealing interdistrict transfer decisions. This procedure is provided by Cal. Educ. Code Section 46601. Note that the procedure for appealing interdistrict transfer decisions within the same county is somewhat different than inter-district transfer decisions involving different counties.

I. Appeal Process for Inter-district Transfers

A. Right to Appeal

If a parent makes a request for an interdistrict transfer and 30 calendar days pass before the transfer is approved, the parent must be advised of his/her right to appeal and of the appeal process. Cal. Educ. Code Section 46601.

B. Notice - Who is Responsible?

1. The district denying the transfer is responsible for notifying the parent about his/her right to appeal to the County Board of Education and the appeal process. Cal. Educ. Code Section 46601.

2. If both districts refuse or fail to enter into an agreement to permit the transfer, the district of residence is the responsible agency to notify the parent. Cal. Educ. Code Section 46601.

C. Appeal Procedure

1. How to Request an Appeal

a. The parent must appeal within 30 calendar days after either district denies the transfer or refuses to enter into an agreement permitting the transfer. Cal. Educ. Code Section 46601(a).

b. Failure to appeal within 30 calendar days is good cause to deny an appeal. Cal. Educ. Code Section 46601(a).

2. Jurisdiction

a. If the school districts are located in the same county, the agency hearing the appeal is the county board of education which has jurisdiction over the district where the parent resides. Cal. Educ.Code Section 46601(a).

b. If the school districts are located in different counties, the county board of education having jurisdiction over the district denying the transfer, or refusing or failing to enter into an agreement to allow for the issuance of a permit, must conduct the appeal. If both districts deny the transfer or fail to enter into an agreement, the county board of education having jurisdiction over the district of residence shall conduct the appeal and shall seek concurrence with the other county board. The other county board must provide the district under its jurisdiction an opportunity to be heard before making a decision. If the two counties do not concur, the appeal will be denied. Cal. Educ. Code Section 46601(d).

3. Role of County Board of Education

a. The county board of education will only accept an appeal if it is verified that the appeal process within the district has been exhausted. Cal. Educ. Code Section 46601(a). There are no provisions in the Cal. Educ. Code regarding the appeal process within the districts. Presumably, all informal mechanisms must be pursued within the district before a county will accept an appeal. Advocates should call the particular district involved in the matter to be informed of its appeal process.

b. If new evidence or ground for the request is introduced, the county board of education may remand the matter to the districts. Otherwise, the appeal shall be granted or denied on its merits. Cal. Educ. Code Section 46601(a).

c. The county board of education must provide adequate notice to all parties regarding the date and time of any hearing scheduled and the opportunity to submit written documents and statements. Cal. Educ.Code Section 46601(b)(1).

d. The county board of education can adopt rules and grant continuances upon a showing of good cause. Cal. Educ. Code Section 46601(b)(1).

e. The county board of education must make the determination whether to permit the transfer within 30 calendar days after the appeal is filed. The county board of education or the county superintendent of schools may, for good cause, extend the 30-day period up to an additional five school days if compliance with the time period is impractical. Cal. Educ. Code Section 46601(b)(1).

f. Any hearing conducted by the county board of education will be decided within 3 schooldays, unless a postponement is requested by the person who filed the appeal. Cal. Educ. Code Section 46601(b)(1).

g. In a class 1 or class 2 county, the county board rules may provide for a hearing to be conducted by a hearing officer pursuant to Chapter 14 (Cal. Gov. Code Sections 27720-27728, titled "Hearing Officer"). A hearing may also be conducted by an impartial administrative panel of three or more certificated persons appointed by the county board of education pursuant to Cal. Gov. Code Section 27722, which discusses authorized and other hearing; decisions and record to clerk; recommended decision; and adoption or rejection by local body. Cal. Educ. Code Section 46601(b)(2).

(1) "Class 1 county" means a county with 19 94/95 countywide ADA of more than 500,000. Cal Educ. Code Section 48919.5(e)(2).

(2) "Class 2 county" means a county with countywide ADA of at least 180,000, but less than 500,000. Cal. Educ. Code Section 48919.5(e)(3).

h. The term "hearing officer" includes an impartial administrative pane. No member of the impartial administrative panel shall be a member of the county board of education, nor by employed by the school district or residence of the district of desired attendance. The county board of education shall render a decision within 10 days, pursuant to Cal. Gov. Code Section 27722(b) 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. Cal. Educ. Code Section 46601(b)(2).

i. The county supervisor of attendance, or other designee of the county superintendent of schools, must determine whether local remedies have been exhausted and must provide any information useful to the county board in reaching a decision. Cal. Educ. Code Section 46601(c).


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