Hi - my name is XXXXX XXXXX X'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.
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.
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.
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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