INVOLUNTARY STUDENT TRANSFERS

ADMINISTRATIVE REGULATION - 5120

The following procedures shall govern the involuntary student transfers, including transfers of any 9th,10th, 11th, or 12th grade student from the traditional high school to the continuation high school:

1. Grounds

A decision to transfer a student involuntarily shall be based on a finding that the student 1) committed an act enumerated in Education Code 48900; 2) has been habitually truant or irregular in legally required school attendance or 3) it is in the best educational interests of the student and/or other students in that learning environment. A student may be transferred after 20 days of suspension at their school of attendance,

2. Limitation

The involuntary transfer of a student to another school within the district, including to the continuation high school,shall be made only when other means fail to bring about student improvement. However, a student may be recommended for involuntary transfer the first time he/she commits an act enumerated in Education Code 48900, if the principal determines that the student's presence causes a danger to persons or property or threatens to disrupt the instructional process.

3. Duration

Except in cases of student transfer from a traditional high school to the continuation school, the involuntary transfer of a student from his/her current school to another school within the District shall be for the remainder of the school year; however, extension or termination of the transfer shall be based upon a review by the Pupil Placement Committee (PPC) upon receipt of a written request from either the referring principal, the receiving principal, and/or the student or parent/guardian.

In cases of involuntary student transfers to the continuation school, the Director of Alternative Education shall conduct an annual review at the written request of the student, or parents/guardians, to determine whether the student shall remain at the continuation high school or be allowed to return to the traditional high school. The criteria upon which students will be evaluated in order to determine future educational placement will include, but not be limited to, attendance, attitude, and achievement.

4. Involuntary Transfer Procedures

Notification: No student shall be involuntarily transferred to another school within the District until both the student and parent/guardian have been notified in writing of the intended reassignment which shall include notice of the opportunity to request a meeting with the Pupil Placement Committee (PPC) before the transfer occurs. The student will remain at the referring school until a decision regarding the proposed involuntary transfer is made.

If the parent/guardian objects to the student's involuntary transfer to another school, they may request, in writing within five (5) days of receiving written notice of the decision to involuntarily transfer the student, a review of the decision by the District's PPC. The PPC will conduct a hearing to review the decision to reassign the student. The appellate decision of the PPC shall be communicated in writing to the referring school principal, the receiving school principal, the student, and parent/guardian.

Pupil Placement Committee (PPC) Hearing: The student and/or parent/guardian shall be told the specific facts and reasons for the proposed involuntary transfer. The student and/or parent/guardian shall have the opportunity to inspect all documents, question any evidence and witnesses presented, and present evidence on his/her behalf. The student may designate one or more representatives and witnesses to be present with him/her at the hearing.

Transfer Decision: The decision whether to involuntarily transfer shall be made by the PPC. None of the persons involved in the decision shall be a member of the staff of the school from the referring school.

A decision to transfer the student involuntarily shall be based on a finding that the student (a) committed an act enumerated in Section 48900, (b) has been habitually truant or irregular in legally required school attendance, or (c) the involuntary transfer is in the best educational interests of the student or other students in that learning environment.

PUPIL PLACEMENT COMMITTEE (PPC)

The PPC is a District committee established pursuant to this Board Policy to review and act upon involuntary student transfer requests from individual schools at all grade levels (K-12). The PPC is composed of three (3) members: the Director of Alternative Education, the Coordinator of Student Services, and one certificated administrator of a school serving students at the same grade levels as that of the sending and receiving schools, or, in K-6 cases, the Director of Elementary Education. In cases where, due to the circumstances surrounding the decision to involuntarily transfer the student, either the Director of Alternative Education or the Coordinator of Student Services participated as a member of the committee leading to the decision to involuntarily transfer the student, additional certificated administrators shall serve on the PPC in their stead.

The primary purpose of the PPC is two-fold: 1) to assure that procedural due process guarantees of students and parents are protected relative to any intended involuntary transfer action recommendations, and 2) to render decisions in all matters pertaining to the involuntary transfer of a student within the District.

Procedures

Prior to initiating an involuntary transfer action, the initiating school shall have exhausted all other applicable means of correction in attempting to bring about appropriate student behavior. These means could include, but are not limited to:

  • Student Study Team (SST) action
  • development and implementation of an Individualized Behavior Plan
  • counseling
  • educational testing
  • program modification

And/or other actions, such as detention, on-campus suspension, Saturday school, alternative to suspension programs, home suspension, and voluntary transfer to another District school or program (including, but not limited to, continuation high school, another K-12 school, etc.).

PPC Hearing: The PPC will convene a placement review hearing within ten (10) school days upon receipt of a written request for action from the student and/or parent/guardian and/or the referring school. The following information, at a minimum, must be submitted from the respective parties prior to the convening of the hearing:

  • specific reasons for PPC intervention and action
  • current attendance records
  • anecdotal student discipline record
  • permanent academic record including grades, standardized test scores, etc.
  • counseling records/comments
  • teacher(s) report reflecting current student progress and attitudes

Persons attending the PPC Hearing shall include a school representative most familiar with the student and his/her record, the student, the parent/guardian, and as appropriate, a representative of the school potentially receiving the student.

PPC Decision: Upon hearing all facts and matters pertaining to the case, the PPC will render a decision either approving or rejecting the request for the involuntary transfer of a student. If the parent/guardian does not attend the PPC Hearing, action can be taken by the PPC to transfer if that is in the best interests of the student and/or school. All parties affected by PPC decisions shall be notified in writing within three school (3) days of the hearing. If an involuntary transfer is authorized by the PPC, the parent/guardian shall be advised of their right to appeal the decision to the Assistant Superintendent of Curriculum and Instruction.

Appeal to the Assistant Superintendent: A PPC decision authorizing an involuntary transfer may be appealed to the Assistant Superintendent of Curriculum and Instruction by the parent/guardian. The parent/guardian shall request, in writing, a meeting with the Assistant Superintendent within five school (5) days of receiving written notice of the PPC decision. The Assistant Superintendent shall schedule a meeting within five (5) schools days after receipt of the request. During the meeting, the parent/guardian and student shall present their reasons for appealing the PPC decision. A representative of the PPC shall review the recommendations of the referring school and the PPC decision authorizing the involuntary transfer.

Upon hearing the statement of facts in the matter, the Assistant Superintendent shall render his/her decision. The Assistant Superintendent shall notify all affected parties of the decision in writing within three school (3) days of the meeting.