Section 5-E3805. PERSISTENTLY DANGEROUS SCHOOLS TRANSFER OPTION

 

3805.1A student who is enrolled at a school determined to be persistently dangerous shall have the right to transfer to a destination school within the District of Columbia’s LEAS and remain there until the originating school is no longer identified as persistently dangerous, provided such transfer is consistent with all applicable laws, including IDEA.

 

3805.2The destination school shall be a public school that

 

(a)is not identified as persistently dangerous;

 

(b)is not in school improvement, under corrective action, or restructuring;

 

(c)is making adequate yearly progress (AYP), and

 

(d)has space to accommodate the student.

 

3805.3A student shall not be eligible to seek a transfer under § 3805.1 if he or she is

 

(a)in a court-ordered educational placement; or

 

(b)in an alternative setting into which he or she has been placed by the LEA pursuant to expulsion from his or her school.

 

3805.4The eligible student’s right to seek a transfer pursuant to this section must be exercised within 21 days following parental notification of his or her school’s designation as “persistently dangerous.”

 

3805.5A transfer for reasons under this section shall be in effect until the persistently dangerous school is no longer designated as such, at which point the LEA or the destination school administrator may return the student to his or her neighborhood school

 

source

Final Rulemaking published at 51 DCR 2711 (March 12, 2004).