School District Interdistrict Attendance Agreements

The interdistrict process applies to parents/guardians who would like their children to attend school in a district other than the one in which they reside. All interdistrict transfer requests must be initiated in the district of residence and then the request is made with the desired school district. An approved interdistrict agreement must be in effect between the resident district and the desired district before a student can attend the desired school.

School districts are now required to post a link to their interdistrict transfer procedures and timelines and provide a link to the district's policy regarding requests for interdistrict transfer permits. The information and policy link must be accessible to the public without a password.

The following information must be posted on the district website:

  • The date the school district will begin accepting and processing interdistrict transfer requests for the next school year.
  • The reasons the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence.
  • A statement that a parent's failure to meet any timelines established by the district is deemed an abandonment of the request.
  • Timelines for processing a request, including statements that the school district will (a) notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received and (b) notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought. (Education Code § 46600.1(c) and (e))
  • The process and timelines for appealing the denial of a request before the district renders a final decision as well as the process and timeline for filing an appeal with the Santa Clara County Board of Education.
  • The conditions under which an existing interdistrict transfer permit may be revoked or rescinded.

If either the resident district or the desired district denies a parent's request for an interdistrict transfer, that denial can be appealed to the Santa Clara County Board of Education. The district should provide their decision in writing.

To view education code associated with interdistrict transfers click here.

Attendance Appeals

California Education Code 46600 allows school districts to enter into an agreement that may provide for the admission of a pupil to a school district other than the school district of residence. A parent whose request for his/her child to attend school outside of the district of residence has been denied may appeal to the Santa Clara County Board of Education. An appeal may be submitted whether the permit request was denied by the district of residence or by the district of desired attendance. An appeal to the County Board of Education must be filed within 30 calendar days after a student's request for interdistrict attendance has been denied and they have exhausted the appeal process of the denying district.

The County Board of Education is the local appellate body for most types of interdistrict transfer denials. Staff provides support to the Board and acts as a liaison between the school districts and parents on matters related to interdistrict attendance appeals. If the denying school district is within another county, the appeal request must be with the county board that has jurisdiction of that school district.

Attendance appeal hearings are held during regularly scheduled County Board meetings. For a list of scheduled Board meetings visit: https://go.boarddocs.com/ca/sccoe/Board.nsf/Public#

The information on this page will guide you through the appeal process and identify the persons to whom you may direct your questions.

Please note: The County Board, if it grants the appeal, does not have the legal authority to direct the school district to place a student at a particular school site, only within the district. The approval is contingent on the pupil adhering to the receiving district's terms and conditions for an interdistrict agreement.

Steps for filing an interdistrict attendance appeal:

1.  Review Board Policy - 5117
2.  Complete the Interdistrict Attendance Appeal Form
3.  Submit the completed Interdistrict Attendance Appeal form, a copy of the denial letter from the school district, and any supporting materials to:

Suzanne Carrig at suzanne_carrig@sccoe.org

You may also mail the request or deliver in person to:

Santa Clara County Office of Education
1290 Ridder Park Drive  
Attn:  Suzanne Carrig - MC: 243
San Jose, CA  95131

Policy and Regulation on Interdistrict Attendance Appeals

You may use the links below to obtain copies of these documents.