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El Dorado Union HSD |  AR  5118.1  Students

Transfer Of Student To Continuation School   

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A. Voluntary Transfer

1. Request: In order to receive special attention, a student may request to transfer to a continuation school from a comprehensive school. Voluntary transfers are initiated by the student's parent/guardian through a written application on the district's Intradistrict Attendance Application (Alternative Education) form.

Voluntary transfers shall be approved by the following:

a. Principal or designee of the resident comprehensive high school

b. Alternative Education Administrator or designee, and

c. District Office Administration.

Prior to a transfer, students with disabilities must first convene an IEP to determine appropriate placement.

When the alternative programs are enrolled at near capacity, voluntary transfers will be prioritized to permit the enrollment of students with the greatest need. In the event there is need for this type of transfer, the Director of Alternative Education will confer with the four comprehensive principals or principal's designee and determine which student(s) shall be placed.

2. Approvals: Students shall remain enrolled in their high school of current attendance until approvals have been attained.

3. Return: Any student who has voluntarily transferred to continuation school may return to a regular high school at the beginning of the following school year.

B. Involuntary Transfer

1. Basis: A decision to transfer the student involuntarily shall be based on a finding that the student (a) committed an act enumerated in Section 48900, or (b) has been habitually truant or irregular in attendance from instruction upon which he or she is lawfully required to attend.

A student may be involuntarily transferred to a continuation school only when other means fail to bring about student improvement. However, a student may be involuntarily transferred the first time he/she commits an act enumerated in Section 48900 if the principal determines that the student's presence causes a danger to persons or property or threatens to disrupt the instructional process.

2. Recommendation: The principal may recommend a student for involuntary transfer to continuation school for irregular attendance from required instruction, habitual truancy, and/or any disciplinary actions listed below:

a. (1) Caused, attempted to cause, or threatened to cause physical injury to another person, (2) willfully used force or violence upon the person of another, except in self defense

b. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any such object, the student had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.

c. Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance, listed Health and Safety Code (11052), an alcoholic beverage, or an intoxicant of any kind.

d. Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (Education Code 48900(p))

e. Unlawfully offered, arranged, or negotiated to sell any controlled substance, listed Health and Safety Code 11053, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

f. Committed robbery or extortion.

g. Caused or attempted to cause damage to school property or private property.

h. Stolen or attempted to steal school property or private property.

i. Possessed or used tobacco, or any product containing tobacco or nicotine products including, but not limited to, cigarettes, cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. However, this section does not prohibit use or possession by a student of his or her own prescription products.

j. Committed an obscene act or engaged in habitual profanity or vulgarity.

k. Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5.

l. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

m. Knowingly received stolen property or private property.

n. Possessed an imitation firearm. As used in this section imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

p. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a, or 289 or committed a sexual battery as defined the Penal Code.

q. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both.

r. A student may not be involuntarily transferred for any of the acts enumerated unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent or principal or occurring within any other school district. A student may be involuntarily transferred for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:

(1) While on school grounds

(2) While going to or coming from school

(3) During the lunch period whether on or off the campus

(4) During, or while going to or coming from, a school-sponsored activity.

s. Sexual harassment as per Education Code 48900.2.

t. Hate violence as per Education Code 48900.2.

u. Harassment, threats or intimidation against a student that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of that student or group of students by creating an intimidating or hostile educational environment as Education Code 48900.4.

v. Made terroristic threats against school officials or school property, or both as Education Code 48900.7.

w. Engaged in an act of bullying, including but not limited to, bullying by means of an electronic act, directed toward a student or school personnel. (Education Code 48900(r))

Bullying means one or more acts by a student or group of students that constitutes sexual harassment pursuant to Education Code 48900.2, hate violence pursuant to Education Code 48900.3, or harassment, threats, or intimidation pursuant to Education Code 48900.4. (Education Code 32261).

Electronic act means the transmission of a communication, including, but not limited to, a message, text, sound, or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager. (Education Code 32261)

x. Engaged in, or attempted to engage in, hazing.

Hazing means a method of initiation or preinitiation into a student organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student. Hazing does not include athletic events or school-sponsored events. (Education Code 48900(q))

3. Notice: Prior to a student's involuntary transfer to continuation school, written notice shall be given to the student and his/her parent/guardian informing them of the opportunity to request a meeting with the Assistant Superintendent for Student Services.

4. Meeting: If the parent/guardian requests a meeting, the student or the student's parent/guardian shall be informed of the specific facts and reasons for the proposed transfer and shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the student's behalf. The student may designate one or more representatives and witnesses to be present with him or her at the meeting. However, the student's representative shall not act as legal counsel for the student, unless legal counsel is present to represent the school district.

The Assistant Superintendent of Student Services shall:

a. Review all written documents in the case

b. Ask for additional statements from the student, his parents or guardian or the student's designee, if necessary

c. Inform all concerned parties that a final decision will be rendered within 3 school days from the day of the meeting.

5. Final Decision to Involuntary Transfer: The final decision to involuntary transfer a student shall be in writing, stating the facts and reasons for the decision, and sent to the student and the student's parent(s) or guardian(s). It shall indicate whether the decision is subject to periodic review and the procedure therefore.

6. Term of Transfer: Involuntary transfer to a continuation school may extend one semester beyond the semester in which the student's behavior causing the transfer occurred.

Legal Reference:

EDUCATION CODE

200 Prohibition of discrimination

35160.5 District policies, rules, and regulations

46600-46611 Interdistrict attendance agreements

48200 Compulsory attendance

48204 Residency requirements for school attendance

48300-48316 Student attendance alternatives, school district of choice program

48350-48361 Open Enrollment Act

48915 Expulsion; particular circumstances

48915.1 Expelled individuals: enrollment in another district

52317 Regional Occupational Center/Program, enrollment of students, interdistrict attendance

FAMILY CODE

6500-6552 Caregivers

UNITED STATES CODE, TITLE 20

6316 Transfers from program improvement schools

CODE OF REGULATIONS, TITLE 5

4700-4703 Open Enrollment Act

CODE OF FEDERAL REGULATIONS, TITLE 34

200.36 Dissemination of information

200.37 Notice of program improvement status, option to transfer

200.39 Program improvement, transfer option

200.42 Corrective action, transfer option

200.43 Restructuring, transfer option

200.44 Public school choice, program improvement schools

ATTORNEY GENERAL OPINIONS

87 Ops.Cal.Atty.Gen. 132 (2004)

84 Ops.Cal.Atty.Gen. 198 (2001)

COURT DECISIONS

Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275

Management Resources:

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Regulation EL DORADO UNION HIGH SCHOOL DISTRICT

approved: September 21, 1984 Placerville, California

revised: September 25, 2012