Law Office of Michelle Ball Discipline,Ed 48900s,nontraditional schools/charters,Transfers Ruthless Involuntary School Transfers- Know the Rules

Ruthless Involuntary School Transfers- Know the Rules

parents should attack involuntary school transfers to continuation schools

Last Updated on July 28, 2022 by Michelle Ball

By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995

Involuntary school transfers come suddenly and unexpectedly. When a student loses a school, it is almost like a gangster came in and suddenly took out a family member. When the involuntary transfer is to a continuation school, it is like the whole family went down.

Often what happens is life is rosy and everything in school seems to be going well. Suddenly, a parent receives a letter, call or other communication notifying them that the student is being forced to switch schools aka involuntarily transfer. Unfortunately, this is legal in California, but not without a few requirements schools must follow. Each requirement gives a student a chance to stop the involuntary transfer.

Forced Involuntary School Transfer Requires Written Notice

Per California Education Code section 48432.5 notice of the intent to involuntarily transfer a student to a continuation school must be sent in writing.  In other words, parents must receive a letter which communicates the involuntary transfer is pending.

school involuntary transfers can be surprising
An involuntary transfer to a continuation school means a whole new academic environment.

Notice Must Offer Meeting Regarding Student Prior to Involuntary Transfer

The school’s letter must offer the parents a right to request a meeting about the student’s involuntary transfer with a school district representative.  Note this meeting will not just occur- it has to be requested or it won’t proceed.

If Meeting Isn’t Requested, Involuntary School Transfer Proceeds

If parents don’t request the meeting on the involuntary student transfer, it will go into effect as indicated in the letter from the school.

Involuntary Transfer Basis Disclosed at Meeting

If a parent requests the meeting, the basis for the student’s forced transfer will be disclosed at the school meeting.

Right to Inspect All Documents, Question Witnesses, and Present Evidence

At the parent- requested transfer meeting, the parents “shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil’s behalf.” [California Education Code 48432.5]

involuntary school transfer to continuation school is hard
Students can be severely impacted if they have to transfer to a continuation school

Request Documents Prior to Meeting

Parents should not wait until the meeting to review the documents. A request should be made prior to the meeting for any relevant documents, the basis for the transfer and witnesses which may be called.  Otherwise, the student cannot present a proper defense.

Student Has To Have Committed Suspendable Act or be Habitually Truant

An involuntary transfer to continuation school 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 Education Code 48262) or irregular in attendance.

Decision After Meeting Must Be In Writing

If parents pursue the involuntary transfer meeting, the post-meeting decision on whether to involuntarily transfer a student to continuation school must be in writing. The letter must indicate that the student’s involuntary transfer will be periodically reviewed, the procedure for the student review, and the facts supporting the involuntary transfer to a continuation school.

Decisionmakers Cannot Be From School Involuntarily Transferring

No one making the decision that a student will be involuntarily transferred may be on the staff of the school which is kicking the student out.

involuntarily transferring schools is hard on students
Students can go through emotional ups and downs when being forced to switch schools

Other Means of Correction Must Have Failed Unless Dangerous

Involuntary transfer should be imposed 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.”

Maximum Length of Involuntary Transfer: Two Semesters

The involuntary student transfer to continuation school can’t go longer than 2 semesters. When measuring the semesters, the current semester will be included, unless the policy of the district allows for only yearly review.

Many Pre-Transfer Attack Points

If a parent requests the meeting on the involuntary transfer, and the above requirements are not met, the transfer can be attacked for not meeting legal requirements.

Check School Policies

In addition, parents should check their school district’s policies on involuntary student transfers to continuation schools. School policies might offer even more requirements a parent can attack, and an appeal process.  

Student school transfer lawyer Michelle Ball helps parents with school transfer requests, hearings and appeals and other student problems. Located in Sacramento, California, transfer attorney Michelle Ball may get involved statewide in towns such as Richmond, North Highlands, Antelope, Roseville, San Francisco, San Luis Obispo, Bakersfield, and many other locales.

[originally published April 26, 2011]