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Can a school district of residence or a school district of enrollment prohibit the transfer of a student pursuant to the Open Enrollment Act?

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Can a school district of residence or a school district of enrollment prohibit the transfer of a student pursuant to the Open Enrollment Act?

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Yes, under certain conditions. EC Section 48355 (a) states that the school district of residence of a pupil or a school district of enrollment to which a pupil has applied to attend may prohibit the transfer of the pupil pursuant to this article or limit the number of pupils who transfer pursuant to this article if the governing board of the district determines that the transfer would negatively impact either of the following: (1) A court-ordered or voluntary desegregation plan of the district. (2) The racial and ethnic balance of the district, provided that any policy adopted pursuant to this paragraph is consistent with federal and state law. A school district of residence shall not adopt any other policies that in any way prevent or discourage pupils from applying for a transfer to a school with a higher API. Communications to parents or guardians by districts regarding the open enrollments options under the Open Enrollment Act shall be factually accurate and not target individual p

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