Joshua Brysk advocated in Superior Court for our client’s right to an Intradistrict Transfer and achieved the desired result. When starting 9th grade, the Student requested an Intradistrict Transfer (a transfer to a school within the same School District). The District denied the transfer request and subsequent appeals on the basis that the student played certain sports at school and the District had concerns about the balance of talent on the teams. Although the Student and his parents were certain that this was unfair and improper, they were also left with no way to get what the Student deserved until they hired our firm.
The Student’s family hired our firm and Mr. Brysk went right to work. The firm always looks for a more expeditious and cost effective resolution when possible. The District was issuing “blanket denials” to transfer requests from “incoming 9th grade males with an interest and, perhaps, an aptitude in athletics.” Mr. Brysk knew that the law does not allow the District to use concerns about athletic motivation (even if true) to deny transfers. First, Mr. Brysk attempted to convince the School District to follow the School Board Policy, District Regulations, and the Education Code on Intradistrict Transfers which require a random and unbiased process without considering academic or athletic performance. The Superintendent (and the School Board) refused to budge.
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. Guided by his knowledge of the law and procedure, he filed a Petition for a Writ of Mandate with the Superior Court to force the School District to follow the law. After hearing the case, the Judge admonished the School District and ordered the District to follow the law allowing the transfer. Within a week, the student was able to attend the School of his choice.
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