Law Office of James G. Schwartz Forces School District To Allow An Intra-District Transfer

The Law Offices of James G. Schwartz wins a Superior Court Order allowing their Client (Student) the right to an Intra- District Transfer. Sometimes, student athletes are discriminated against by School Districts in ways that go beyond sports participation.

Schwartz's Client, prior to starting the 9th grade, requested an Intra-District Transfer from the Liberty Union High School District during open enrollment. Schwartz's Client wanted to attend a different high school other than the one designated by the District. After filing the proper Intra-District Transfer Form, the District denied Schwartz's Client request and his parents' subsequent appeals, on the basis that the student is "involved with athletics."

The District was issuing "blanket denials" to transfer requests from "incoming 9th grade males with an interest and, perhaps, an aptitude in athletics." The District was concerned about students transferring for athletic purposes, but did not investigate or accuse Schwartz's Client of having any such motivation.

After the Student and his family were unable to get any results with the District, they contacted the Law Offices of James G. Schwartz. The firm's attorney, Joshua Brysk, was assigned to the case. Mr. Brysk was at the top of his class in California Administrative Law and Practice and has published several articles in the California Regulatory Law Reporter.

The firm always looks for a more expeditious and cost effective resolution when possible. First, Mr. Brysk attempted to convince the School District to follow the School Board Policy, District Regulations, and the Education Code on Intra- District Transfers, which require a random and unbiased process without considering academic or athletic performance. The Superintendent (and the School Board) refused to budge.

Because of the District's refusal, the Firm was forced to file a Petition with the Superior Court for a Writ of Mandate (Court Order) to force the School District to follow the law. The Judge, after a hearing on the matter, ordered the School District to follow the law and to allow the transfer. Within a week, the student was able to attend the School of his choice.

IF YOU OR YOUR STUDENT IS HAVING A PROBLEM WITH YOUR SCHOOL, SCHOOL DISTRICT, ATHLETIC ELIGABILITY OR OTHER EDUCATION LAW ISSUES, CONTACT THE ATTORNEY'S AT THE LAW OFFICES OF JAMES G. SCHWARTZ TO SEE IF WE CAN HELP YOU.

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