Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
Okay- you are going along in life, minding your own business. Your kids are fine, attending school, seem to be able to read and all is right with the world when suddenly, you receive a letter, call, or see sky writing telling you that your son who attends Local High School is now INVOLUNTARILY TRANSFERRED to the... CONTINUATION SCHOOL! Can the district do this? Yes they can, provided they jump through a few hoops.
First hoop: per California Education Code section 48432.5 notice of the intent to involuntarily transfer cannot come by sky writing, but must come via written notice. In other words, you receive a letter which must state that an involuntary transfer is pending, but that you have a right to request a meeting with a school district representative. Note this meeting will not just occur- you have to request it. Please do.
Second hoop: If you request the meeting, at that meeting, you will be informed of the basis for the involuntary transfer and "shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil's behalf."
I would recommend you ask for any documents PRIOR to the hearing along with the basis for the transfer, witnesses who may be called, etc. Otherwise, how can you present your defense?
Third hoop: The transfer must be based on the fact that the student committed a suspendable act or that they have been habitually truant (reported truant on 3+ occasions - see Ed Code 48262) or irregular in attendance (see my other blog on truancy).
Fourth hoop: The decision to actually involuntarily transfer, or not transfer, a student to a continuation school must be in writing. In other words, you get a second letter. This letter must indicate if the transfer will be periodically reviewed, the procedure for review, and the facts supporting the involuntary transfer.
Fifth hoop: No one making the decision can be on the staff of the school which is kicking the student out.
Sixth hoop: This is to be something done only after "other means fail to bring about pupil improvement." However, even with a first suspension a student may be involuntarily transferred if their presence presents a danger to "persons or property or threatens to disrupt the instructional process."
Seventh hoop: The involuntary transfer can't go longer than 2 semesters including the current semester unless the policy of the district allows for only yearly review.
If they do not jump through all the hoops you may be able to attack the involuntary transfer for not meeting legal requirements.
Also, please note that you should check your school district's policies on involuntary transfers as well, which might offer even more hoops and an appeal process. Hope this helps!
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Law and Rights
Can Schools Just Involuntarily Transfer My Child to a Continuation School?
By Michelle Ball, California Education Attorney for Students since 1995
Okay- you are going along in life, minding your own business. Your kids are fine, attending school, seem to be able to read and all is right with the world when suddenly, you receive a letter, call, or see sky writing telling you that your son who attends Local High School is now INVOLUNTARILY TRANSFERRED to the... CONTINUATION SCHOOL! Can the district do this? Yes they can, provided they jump through a few hoops.
First hoop: per California Education Code section 48432.5 notice of the intent to involuntarily transfer cannot come by sky writing, but must come via written notice. In other words, you receive a letter which must state that an involuntary transfer is pending, but that you have a right to request a meeting with a school district representative. Note this meeting will not just occur- you have to request it. Please do.
Second hoop: If you request the meeting, at that meeting, you will be informed of the basis for the involuntary transfer and "shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil's behalf."
I would recommend you ask for any documents PRIOR to the hearing along with the basis for the transfer, witnesses who may be called, etc. Otherwise, how can you present your defense?
Third hoop: The transfer must be based on the fact that the student committed a suspendable act or that they have been habitually truant (reported truant on 3+ occasions - see Ed Code 48262) or irregular in attendance (see my other blog on truancy).
Fourth hoop: The decision to actually involuntarily transfer, or not transfer, a student to a continuation school must be in writing. In other words, you get a second letter. This letter must indicate if the transfer will be periodically reviewed, the procedure for review, and the facts supporting the involuntary transfer.
Fifth hoop: No one making the decision can be on the staff of the school which is kicking the student out.
Sixth hoop: This is to be something done only after "other means fail to bring about pupil improvement." However, even with a first suspension a student may be involuntarily transferred if their presence presents a danger to "persons or property or threatens to disrupt the instructional process."
Seventh hoop: The involuntary transfer can't go longer than 2 semesters including the current semester unless the policy of the district allows for only yearly review.
If they do not jump through all the hoops you may be able to attack the involuntary transfer for not meeting legal requirements.
Also, please note that you should check your school district's policies on involuntary transfers as well, which might offer even more hoops and an appeal process. Hope this helps!
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Once Approved On An Interdistrict Transfer- Do Parents Have To Reapply?
By Michelle Ball, California Education Attorney for Students since 1995 Have you reapplied for an interdistrict (between two school districts) transfer and been denied? California schools are holding tight to their students due to monetary and other...
- Improved, But Still Confusing Cif High School Sports Transfer Rules
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the California Interscholastic Federation, aka CIF, the governing body for high school sports in California, softened their interdistrict transfer rules for the better....
- Now Is The Time To Change Schools In Roseville Joint Unified School District As District Identified As "needs Improvement" Under No Child Left Behind: Deadline October 17, 2011
By Michelle Ball, California Education Attorney for Students since 1995 Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools....
- What Happens After A School Expels A Student? Can They Still Attend Some School?
By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...