How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26143
Experience:  Litigation Attorney
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

We moved recently, and in order to keep our kids in the same

Resolved Question:

We moved recently, and in order to keep our kids in the same school district, we have applied for an interdistrict transfers. My high school age son has been approved. But my child entering high school next year, was denied by the school district we live in, even though she was approved by the recieving district. What are my rights to school choice?
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

There is an administrative appeals process that you should engage in. Usually, the appeal is sent to the school board and then to the state board of education. If that appeal is denied, you would then have a right to appeal to the trial court of your county.

Customer: replied 3 years ago.

We are currently engaged in the appeals process. What I would like to know is. Does the school district that we live in (Fallbrook CA)have the right to restrict us from leaving, even when the receiving school district (Oceanside CA) has approved the transfer? Keep in mind, none of my kids have ever attending Fallbrook schools. They have been in Oceanside from Kinder garden. And Fallbrook has approved one child, because he is already in High School but not the other, because she will be entering High School next year.

Expert:  Roger replied 3 years ago.

Yes, the school district has the right to refuse this because the child now lives in its territory. It is unusual for the school district to object in this situation - however, it is possible.

 

Generally, the administrative process will evaluate what is the most reasonable thing to do and what is in the best interest of the school and the student. I can't tell you that you'll win your appeal, but I can tell you that because the school approved your son, you can make a good argument - the best being that if they both go to the same school/school district, it will not require you to have to take the children to 2 different school districts everyday for school as well as for school functions.

Customer: replied 3 years ago.
Everything that I have researched concerning interdistrict transfers restricts the recieving school from denying students for anything other than overcrowding. Is there any law restricting the school of residence from denying transfer based on budgetary resaons only. Fallbrook school district web site states, "each student not attending our schools results in a loss of $6650.91 in ADA per school year. Revising the policy and regulations to reduce the number of students leaving our schools has the potential of increasing the ADA and thus funding in subsequent years."
Expert:  Roger replied 3 years ago.
Yes, the school can refuse to release the child because it is a financial concern and loss of revenue for the school. If they do refuse, that's when the appeal comes in because it must be shown that there are more important factors at issue than whether or not the school gets this money.
Customer: replied 3 years ago.
Do they have the burden to show the more important factors at issue to uphold there position on appeal. Or do I have to convince them that seperating siblings is more important than there loss of revenue.
Expert:  Roger replied 3 years ago.

You are the appealing party, so it's up to you to prove it's more important to keep the children together than to let the school receive its $6900. The converse argument is that if they let everyone who applied to this, the school district would be broke.

 

I think your strongest argument is that if they let one child from one family through, they should let them all because of the burden placed on the parents and children with having children in 2 separate school districts.

Roger, Attorney
Category: Legal
Satisfied Customers: 26143
Experience: Litigation Attorney
Roger and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.