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Interdistrict Attendance Appeal Procedures Defined
Pupils are required to attend public school in the district in which they reside, (district of residence). The California Education Code §46600 allows for the admission of a pupil who requests a transfer to attend a school outside their district of residence.
At such time the governing board of either school district fails to approve the Interdistrict Attendance Request, the student/parent/guardian shall be advised of their right to appeal to the County Board of Education.
The parent or guardian having legal custody may appeal, within 30 calendar days of the denial of the request, to the County Board of Education. 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.
If the County Board of Education determines that the pupil should be permitted to attend in the district in which they desire to attend, the pupil shall be admitted to school in the district without delay.
Written notice of the decision by the County Board of Education shall be delivered to the pupil and the parent or guardian, and to the governing boards of the districts.
An Interdistrict Appeal Handbook has been designed which addresses the responsibilities of the County Board of Education. The Handbook illustrates the appeal procedures in observance of the California Education Code and serves to uphold the pupil’s rights to due process. Contact 559-589-2506 to discuss an appeal hearing.
Expulsion Appeal Procedures Defined
The Kings County Board of Education serves as the Appellate Body to hear expulsion appeals from school districts within Kings County. The California Education Code governs the role of the County Board in the appeal process to four areas of concern:
Ø Whether the governing school board acted without or in excess of its jurisdiction;
Ø Whether there was a fair hearing before the governing board;
Ø Whether there was a prejudicial abuse of discretion in the hearing;
Ø Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board.
An Expulsion Appeal Handbook has been designed which addresses the responsibilities of the County Board of Education. The Handbook illustrates the appeal procedures in observance of the California Education Code and serves to uphold the pupil’s rights to due process. Contact 559-589-2506 to discuss an appeal hearing.