Section 5-E2106. OUT-OF-BOUNDARY TRANSFERS

2106.1Nothing in this section shall be interpreted to:

 

(a)Supersede a measure adopted by the Chancellor that is necessary to comply with Federal requirements related to the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., Title I of the No Child Left Behind Act, 20 U.S.C. §§ 6301, et seq., or the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.; or

 

(b)Require the displacement from his or her current school of any student attending a D.C. public school pursuant to an out-of-boundary transfer at the time this section becomes effective.

 

2106.2An adult student, an emancipated student, or a minor student's parent or guardian may apply for an out-of-boundary transfer for any of the following reasons:

 

(a)The student’s sibling currently attends the requested school;
 

(b)The student resides within a reasonable walking distance of the requested school as determined in accordance with § 2106.3; or

 

(c)The adult student or minor student's parent or guardian prefers the requested school to his or her designated in-boundary school.

 

2106.3A student shall be deemed to reside within a reasonable walking distance of the requested school if his or her residence is located within the perimeter of a theoretical square, with a north-south orientation, in which the school is in the center and the sides of the square are three thousand feet (3000 ft.) for elementary and k- eight (8) schools or five thousand feet (5000 ft.) for middle schools.

 

2106.4Applications for out-of-boundary transfers for the upcoming school year shall be submitted through the DCPS’s formal application.  Starting in the 2013-2014 school year application dates will be publicized by DCPS no later than November 1st for the upcoming school year.  Application dates will be publicized on the DCPS website, in the D.C. Register, and through mailings to DCPS families.  The application period shall last for 30 calendar days.  The Chancellor or his/her designee shall send a response to any such request no later than 30 days following the last date of the application period.

 

2106.5 In reviewing the request for out of boundary transfers, the Chancellor shall verify stated reasons for the request and fairly administer a lottery held in DCPS headquarters, giving preferences to students in accordance with the reasons for their transfer requests in the same order as those reasons appear in § 2106.2. 
 

2106.6The Chancellor, and only the Chancellor, is authorized to grant a discretionary transfer and set the duration of the approval of the transfer when the Chancellor determines that the transfer would be in the best interests of the student, and that the transfer would promote the overall interests of the school system.
 

2106.7 The Chancellor may designate a given school, program, or academy, including an early childhood school or program, as a specialized school, program, or academy due to the unique academic character of the school, program, or academy and the importance of matching children's needs and strengths to the mission of a school, program, or academy. When applicable, the Chancellor shall determine admission criteria for any approved specialized school, program, or academy for adoption by the Board.

 

2106.8 Each year, the Chancellor shall inform all DCPS students and parents of the availability of all DCPS specialized schools, programs, and academies.

 

2106.9Students applying to specialized schools, programs, or academies must meet the specific criteria established for the schools, programs, or academies to which they are applying. Eligibility requirements and selection criteria shall be published and made available upon request to parents. When there are more students than there are available vacancies, students who are ranked equally on the selection criteria shall be selected by lottery.

 

2106.10The number of spaces available to students transferring from out of boundary schools shall be determined annually through a standardized process set forth by the Chancellor or designee. The number of vacancies and updated information about the application process shall be shared with parents and the public prior to the out-of-boundary transfer review period and in sufficient time to allow parents to make informed choices about school options for the coming academic year.

 

2106.11        Students who are admitted to schools outside the attendance zones established for their place of residence shall be entitled to attend these schools for the duration of their participation in the academic program except in the following circumstances:
 

(a)If the students are involuntarily transferred pursuant to § 2107 or;
 

(b)If the students are admitted to specialized schools, programs, or academies and the students no longer meet the criteria established for the specialized schools, programs, or academies.

 

2106.12A student who has been admitted to a school outside the attendance zone for his or her place of residence which has been designated as a feeder school by the Chancellor shall be entitled to attend the next-level school in the designated feeder pattern upon the student's completion of the program at the feeder school.

 

2106.13The Chancellor shall report annually on the impact of the implementation of §§ 2106.1 through 2106.5 by collecting data including, but not limited to:
 

(a)The number of children seeking out of boundary transfers from each school and zip code, the school(s) and zip code to which they sought to transfer, and the priority category under which each applied;
 

(b)The number of out of boundary applicants admitted and in attendance in each school and zip code and the category under which each was admitted;
 

(c)The number of students enrolled at each school pursuant to the No Child Left Behind Act who reside outside of the school's attendance zone; and
 

(d)For students admitted pursuant to § 2106.2(c) above, a survey of parents to determine their reasons for seeking out of boundary transfer.

 

2106.14 [REPEALED]
 

2106.15Parents shall be entitled to appeal the denial of eligibility through the student grievance procedure set forth in § 2405. Any such grievance shall be resolved prior to the commencement of the lottery process.

 

 

authority

Section 103 of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-172(c) (2012 Supp.)), and Mayor’s Order 2007-186, dated August 10, 2007.

source

Final Rulemaking published at 43 DCR 5777 (October 25, 1996); as amended by Final Rulemaking published at 50 DCR 1850 (February 28, 2003); as amended by Final Rulemaking published at 53 DCR 1542 (March 3, 2006); as amended by Final Rulemaking published at 53 DCR 9195 (November 10, 2006); as amended by Emergency and Proposed Rulemaking published at 57 DCR 146 (January 1, 2010)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 60 (January 6, 2012); as amended by Final Rulemaking published at 61 DCR 3831 (April 11, 2014).