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You Have a Choice

You have options when enrolling your child in a public school. Students who attend schools other than those assigned by the district are referred to as "transfer students." Statutes enacted in 1994 provide two ways for parents and guardians to choose schools for their children. The process for choosing a school within the district in which the parents/guardians live is known as intradistrict transfer. The process for choosing a school in other districts is an interdistrict transfer. For more information, click the links below:

  • The School Choice Laws of 1995
  • Choosing Within the District in which Parents/Guardians Live
  • Choosing Outside the District in which Parents/Guardians Live
  • Home School
  • Independent Study
  • Private School
  • Charter Schools
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    The School Choice Laws of 1995
    A student is required to attend classes at schools located within the boundaries of the school district in which the pupil's parent or legal guardian resides, unless otherwise exempted (Education Code section 48200 et seq.). Exemptions are made possible through one of two processes: the intradistrict transfer or the interdistrict transfer.

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    Choosing a School Within the District in which Parents/Guardians Live
    The law (Education Code section 35160.5 (c)) requires the school board of each district to establish a policy that allows parents/guardians to choose the schools their children will attend, regardless of where the parents/guardians live in the district. The law limits choice within a school district as follows: Students who live in the attendance area of a school must be given priority to attend that school over students who do not live in the school's attendance area.

    In cases in which there are more requests to attend a school than there are openings, the selection process must be "random and unbiased," which generally means students must be selected through a lottery process rather than on a first-come, first-serve basis. A district cannot use a student's academic or athletic performance as a reason to accept or reject a transfer.

    Each district must decide the number of openings at each school which can be filled by transfer students. Each district also has the authority to keep appropriate racial and ethnic balances among its schools, meaning that a district can deny a transfer request if it would upset this balance or would leave the district out of compliance with a court ordered or voluntary desegregation program.

    If a transfer request is denied, a parent/guardian does not have an automatic right to appeal the decision. A district may, however, voluntarily decide to put in place a process for parents/guardians to appeal a decision.

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    Choosing a School Outside the District in which Parents/Guardians Live

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    Home School
    Home schooling by non-credentialed parents or others is not authorized in California. Private tutoring is a statutory exemption from the compulsory public school attendance law (Education Code sections 48200 and 48224). The tutor (who may be any person, including a parent/guardian) must have a valid California teaching credential for the grade level being taught and instruction must be in the branches of study required in the public schools. Tutoring must be provided for at least three hours per day and for at least 175 days per year.

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    Independent Study
    The California Department of Education encourages parents to consider independent study through the local public school system if they are seeking an alternative to classroom instruction. Although enrollment in the public school is required, independent study allows students to pursue educational opportunity outside the classroom within the framework of a written agreement that specifies minimum requirements and assures the general supervision of a credentialed instructional supervisor. Some school districts provide a home independent study option.

    For more information about independent study, contact your local school district or the California Department of Education, 916.324.3637.

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    Private School
    Children who are being instructed in a private, full-time day school are exempt from public school attendance (Education Code section 48222). Private schools must offer instruction in the several branches of study required in the state's public schools:

    • Course of study for grades one through six-English, mathematics, social sciences, science, fine arts, health, and physical education;
    • Course of study for grades seven through 12- same as above, plus foreign language, applied arts, vocational education, and driver education.

    There is no requirement in the Education Code for a teacher in a private school to hold a California teaching credential. All persons employed by private schools (since July 1, 1985) who have contact with minor pupils must obtain a criminal record summary as a condition of employment; however, private schools are not prohibited from hiring a person with a criminal record (Education Code section 44237). Persons possessing a valid California teaching credential are exempted from this requirement because the criminal record check is part of the credentialing process.

    The California Department of Education is not empowered to license, evaluate, recognize, approve, or endorse any private elementary or secondary school or course. The state of California does not accredit public or private schools. Some schools, however, have elected to be accredited by the Western Association of Schools and Colleges (WASC).

    Private school owners/administrators are subject to local city and county ordinances (i.e., health, safety, zoning, business license, etc.) which may be applicable to the operation of private schools.

    California private schools, serving kindergarten through grade 12, are required by state law to file an informational affidavit each year by October 15 with the California Department of Education. This affidavit is not a license, but is necessary to effect the pupil's exemption from public school and for the school to be eligible to receive the appropriate records from the pupil's last school of attendance. Local school districts have the responsibility to ensure that all school-age children in the district are either in attendance at a public school or legally exempt.

    The California Department of Education also publishes a Private School Directory, which includes a summary of selected California laws that are applicable to private schools and a listing of private school organizations. This directory may be purchased by contacting the California State Department of Education.(Source: Taken from the California Department of Education Public School Fact Book, 1994-95)

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