According to California state law, you have the right to apply to transfer to another school within your district (an intradistrict transfer) or to a school in another nearby district (an interdistrict transfer). Whether or not you get the school you want depends on space availability. The more desirable the school is, the harder it is to secure a spot.

Intradistrict Transfers
California law requires school districts to have rules and regulations for student transfers within a district. They must inform parents of the opportunity to transfer at the beginning of the school year. These transfers must be nondiscriminatory and are on a space-available basis. Each district sets its own policy and criteria for admitting transfers.

Allen Bill Transfers
The Allen Bill established a parent's right to apply to register their children in a district where either parent's job is located. However, your child isn't guaranteed enrollment in the district where you work. Transfers under the Allen Bill are always on a space-available basis, and districts have the right to determine whether or not to accept them. Districts that do accept Allen Bill transfers can limit the number of incoming students as well as establish certain criteria according to types of requests.

Once granted, Allen Bill transfer status is automatically renewed each year, as long as the parent's place of employment is still within the geographic boundaries of the school district. Students cannot be discriminated against on the basis of race, sex, income or achievement. There are two exceptions: A student can be denied if adding him would interfere with desegregation efforts or if educating the student would require more funds than the district's per-student allocation (for example, if the student requires extra services).

Interdistrict Transfers
If you want to enroll your child in a school outside of your home district, you must apply for an interdistrict transfer. There are two kinds of interdistrict transfers:

1.) Open enrollment districts
Under state law, the school board of any district in California may declare the district to be an "open enrollment" or "choice" district. Districts that choose this option must establish nondiscriminatory procedures for accepting applications to attend a school in the district. In an open enrollment district, if your child's transfer request is denied, there is no right of appeal to the County Board of Education. However, individual school districts may create their own appeal process if they so choose. Students who are accepted into an open enrollment district are responsible for their own transportation.

2.) Transfer agreements between districts
Another state law allows districts to draft agreements to consider transfer requests on a case-by-case basis. In some situations, parents have pushed for group transfers on the basis of special needs, such as special education or bilingual programs, arguing that a group of students would have particular needs better met in a different district.

Once your child secures an interdistrict transfer, it is generally valid for one year, but each district has the option to set its own terms and length for the interdistrict agreement. An interdistrict agreement between districts may not exceed five school years but may be renewed in additional five-year increments.

Transfer Tips
Besides being aware of the numerous state laws regarding transfers, it's helpful to know what criteria districts use in evaluating requests, how to approach the process and how to appeal if your request is denied.

What criteria will a district use to prioritize requests?
Each district's governing board sets its own policy and criteria for transfer requests. The criteria might include the location of a child's day care provider in the district, medical care needs (such as requiring a location near a doctor in case of emergencies) or current enrollment of a sibling. For any interdistrict transfer to be approved, both districts involved must agree to the request.

How it really works
Once you file a request with the district, stay on top of it. Call or write district officials and find out when they anticipate notifying you of their decision. You may not be given a lot of warning when a spot in your desired school opens up, and you may have to make a decision to move quickly. If a spot does not open up, ask to remain on the waiting list and continue calling.

When even top-priority requests can't be filled due to crowding, more subtle criteria kick in, such as how long a student has been at a school, how long a parent has been employed by the district working full or part time, and whether siblings attend the school.

When you apply for an interdistrict transfer, you apply to the district rather than to a specific school. Although you may have your heart set on one school, be aware that the district may accept your child as a transfer student, but it might not be to the particular school you had in mind.

Some families are so eager for a transfer that they may try to skirt the rules and simply use the address of a relative who lives in their desired district, but many districts have gotten wise to this dishonest practice. For most districts, you'll have to show several pieces of evidence of your residence. Be aware that some districts even employ "residence verification officers" who make house calls without warning.

Making an appeal
Districts are required by law to act on transfer requests within 30 days. If the district does not act on your request in a timely manner, you can take your request to the County Board of Education. The County Board also has a 30-day limit in which to act on appeals.

This is a delicate issue, however. If you apply for an interdistrict transfer in February, it may be unwise to pressure the district or appeal to the County in March. Their response may be simply to deny the transfer request. If you are patient and wait a few more months, your request may have a better chance of being accepted when the district has a clearer idea of their projected enrollment. On the other hand, if it is getting close to the beginning of the school year, you may want to use the 30-day rule, because it would be to your advantage to have your student accepted or denied before the school year gets started.

If your interdistrict transfer request is denied, you may also be able to appeal to the County Board of Education. Be forewarned that Allen Bill transfer applicants, special education applicants, expulsion cases, applications to open enrollment districts and intradistrict transfer requests are not eligible for appeal.

Additional resources
Check these articles on school choice for more information:
School Choice in California: An Overview of Your Options
Charter Schools Offer an Array of Choices

Under the federal No Child Left Behind Act, if your child is in a school designated as low performing, you may be able to transfer him to another school. To find out more about this option, click here.