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#

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.

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

• Board Policy on Interdistrict Attendance Appeal
  
• Interdistrict Attendance Appeal Request – Form
• Interdistrict Attendance Appeal Request – Form (Spanish)
• Education Code § 46600 - 46602
  
• District Response Form – [ Downloadable Word Form​ ][ Fillable PDF Form ]​
  

The Interdistrict Transfer Appeal hearing takes place at regularly scheduled board meetings of the Santa Clara County Board of Education (SCCBOE). The hearings are scheduled during closed session and are not open to the public.

Both parties, the parent/guardian and the district representative, will be called into closed session, each party will have 5 minutes to summarize their position to the SCCBOE. Students are welcome to attend to share their position, reasons, and experiences. Next, each party, will have 2 minutes to respond to the other party.

Translation and interpretation services are available and offered during the appeal application process. Additional time is allotted during the hearing for language interpretation when needed.

The members of the SCCBOE may ask clarifying questions. Once the hearing ends, the SCCBOE will deliberate in private.

Once the SCCBOE makes thei​r decision, both parties are invited back into the hearing and the SCCBOE will announce their final decision.​

¿Qué ocurre en la audiencia de apelación de un traslado interdistrital?