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Modoc Joint USD |  AR  5116.2  Students

Admissions And Transfer To And From Warner High School   

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Pupils Assigned to Warner High School

Admission to Warner High School shall be based on the following criteria:

1. The particular student's need for individualized assistance in improving grades, attendance, study habits, attitude patterns or if there is a need to make up required courses and/or credits.

2. The student's need or wish to seek part or full-time employment and attend school part-time. Such a condition for transfer shall have the approval of the student's parent/guardian.

Procedure for voluntary admission of a student to Warner High School:

1. Parent/guardian makes a request to Warner High School Director or designee five working days prior to or after the beginning of a quarter.

2. Warner High School Director or designee approves or disapproves the request.

3. A pupil who has voluntarily transferred to Warner High School shall have the right to return to enroll in Modoc High School at the beginning of any semester.

4. If the student is not approved for admission by the Warner High School Director or designee, the student may appeal that decision directly, in writing, to the Superintendent. The decision of the Superintendent is final.

Procedure for involuntary transfer to Warner High School:

1. Modoc High School principal or designee makes the determination that the particular student has demonstrated at least one of the following:

a. Habitual truant.

b. Irregular attendance from instruction upon which he is legally required to attend.

c. Misconduct, as enumerated in Education Code Section 48900, such as:

(1) Caused or attempted to cause damage to school property; stole or attempted to steal school property.

(2) Caused or attempted to cause damage to private property; stole or attempted to steal private property.

(3) Caused, attempted to cause, or threatened to cause physical injury to another person.

(4) Possessed, sold or otherwise furnished any firearm, knife, explosive or other dangerous object, unless in the case of possession of any such object, the pupil has obtained written permission for such possession from a certificated school employee, and which authorization is approved by the Principal or his/her designee.

(5) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of any controlled substance as defined in Section 11007 of the Health and Safety Code (intoxicants of any kind, or alcoholic beverages), or substances controlled by the Business and Professional Code Section 4211 (hypnotic drugs), or 4230 (possession of drugs without a prescription)

(6) Possessed or used tobacco on school premises, except as provided by Education Code Section 48903.6.

(7) Committee an obscene act or engaged in habitual profanity or vulgarity.

(8) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers or administrators.

d. No pupil shall be transferred involuntarily to Warner High School for any acts enumerated in Section 48900 of the Education Code unless said act is related to school activity or school attendance.

e. Involuntary transfer to Warner High School shall be imposed only when other means of correction fail to bring about acceptable behavior; provided that a pupil may be involuntarily transferred the first time he/she commits an act enumerated in Education Code 48900, if the Principal specifically determines that the pupil's presence causes a potential danger to persons or property, or threatens to disrupt the instructional process.

f. A written notice will be given to the pupil and the pupil's parent or guardian informing them of the specific facts and reasons for the proposed transfer and their right to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil's behalf. The pupil may designate one or more representatives and witnesses to be present with him or her at the meeting. They will also be informed of their right to request a meeting with a designee of the district Superintendent prior to the transfer. None of the person involved in the final decision to make an involuntary transfer of a pupil to a continuation school shall be a member of the staff of the school which the pupil is enrolled at the time that the decision is made.

g. Pupils assigned to Warner High School shall remain at the school regarding pupils placed by voluntary transfer.

2. Procedures for transfer back to Modoc High School from Warner High School regarding pupils placed by involuntary transfer:

a. The pupil, upon the recommendation of the Warner High School Director or designee, may petition to return to Modoc High School. The Modoc High School Principal and the Warner High School Director, or their respective designees, will review the petition and recommend approval or disapproval.

b. No involuntary transfer to a continuation school shall extend beyond the end of the semester following the semester when the acts leading to the involuntary transfer occurred. (Education Code 48432.5)

c. If the petition for readmission is granted, the pupil will be admitted to Modoc High School.

d. If the request is denied, the parent/guardian and/or the student may appeal to the Superintendent in writing. The decision of the Superintendent is final.

Legal Reference:

EDUCATION CODE

48432.5 In voluntary transfer of pupils; rules and regulations; procedure

Regulation MODOC JOINT UNIFIED SCHOOL DISTRICT

approved: March 20, 1996 Alturas, California

reviewed: October 18, 2006