Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids

I recently requested an intradistrict transfer. A new policy is suddenly in effect requiring each family asking for an intradistrict transfer to explain to the principal at the school of residence why they don't want their child to attend that school. We received a call from that school's principal, who stated that because we are living within her school's boundaries, she is not going to approve my son's transfer. Can the school district make up this new policy without warning, and without putting it print?

While it's well and good that the principal called you, the school system is a bureaucracy, so verbal responses don't count. The rule for a bureaucracy is: if it's not written down, it's not real. You and your husband need to submit a written appeal to the district explaining your situation. Do not accept a verbal answer from the district; they need to respond to you in writing as well.

I'd also suggest that you bring up, at a public session of your local school board, your concern that the district developed this policy "without warning, and without putting it in print." According to section 35160.5 (b)(1) of the CA Education Code (www.leginfo.ca.gov), "the governing board of each school district shall, as a condition for the receipt of school apportionments from the state school fund, adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district." Districts cannot modify this open-enrollment policy in secret.

Unfortunately, from the way I read the Code, elementary school students accepted on an interdistrict transfer are allowed to continue to attend school through the 12th grade (section 46601.5(c)). But this does not appear to be the case for intradistrict transfers—even if your son's elementary school feeds into the middle school of your choice, he is not guaranteed admission into that middle school (although if you have an older child already at the school, that should weigh in your younger son's favor). The treatment of interdistrict and intradistrict transfer students appears to be an area of the Code that should be changed. But if I read the Code correctly, it would seem that your best hope is to pursue a written appeal and to publicize your concern about the process the district followed for making this decision.

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