Section 5-E2107. INVOLUNTARY TRANSFERS  


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    2107.1A student shall not be involuntarily transferred without receiving notice of the reasons for the transfer and an opportunity for a hearing prior to the proposed transfer pursuant to the hearing provisions of Chapter 25, except as provided in this section.

     

    2107.2The provisions for a hearing in § 2107.1 shall not be applicable to a transfer due to any of the following reasons:

     

    (a)Change of address;

     

    (b)Failure to enroll and attend (after having been accepted) a career education program or other city-wide program or school;

     

    (c)The closing of a facility or program; or

     

    (d)The failure of a student to maintain eligibility for a special or city-wide program.

     

    2107.3A student who is transferred due to special education placement shall be provided an opportunity to request a hearing on the proposed placement, as provided in Chapter 30; however, since the issue of involuntary transfer may be included in the placement hearing, no separate hearing on the transfer is required.

     

    2107.4A student who has been granted a discretionary transfer, pursuant to the provisions of § 2106, shall not be involuntarily returned to the school from which the transfer was made during the effective period of the transfer without a hearing as provided in this section.

     

    2107.5It shall be the responsibility of the principal or other school official recommending a proposed involuntary transfer to notify the student, parent, or guardian, and principal of the school to which the proposed transfer will be made. The principal or school official shall include notice of hearing rights and procedures in the notice of proposed transfer.

     

    2107.6All involuntary transfers shall be approved by the Assistant Superintendent whose jurisdiction encompasses the school recommending the transfer.

     

    2107.7The Assistant Superintendent shall also be responsible for assuring that the right to a hearing is protected and that proper notice of the proposed transfer and hearing rights and procedures have been given.

     

source

Final Rulemaking published at 24 DCR 1005, 1034 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 183 (January 6, 1989).