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Roger
Roger, Attorney
Category: Legal
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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: 5 years ago.
Category: Legal
Expert:  Roger replied 5 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 5 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 5 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 5 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 5 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 5 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 5 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.

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