Section 5-E3809. INDIVIDUAL STUDENT VICTIM TRANSFER OPTION

 

3809.1A student shall also have the right to transfer to a destination school within the District of Columbia’s LEAS if he or she has been the victim of

 

(a)a violent crime committed on school grounds, during school operating hours, that has been substantiated by the LEA; or

 

(b)a pattern of harassment or sexual harassment pursuant to §2503.2 (g) and (h) of this title, that has been perpetrated on school grounds, during school operating hours, and that has been substantiated by the LEA, pursuant to the filing of a grievance under § 2405.4 or § 2405.5 of this Title. For purposes of this subsection, a “pattern of harassment or sexual harassment” shall mean one substantiated incident of harassment that has created an intimidating, threatening or abusive environment, or two other substantiated harassment incidents.

 

3809.2No later than 48 hours after an allegation pursuant to §3809.1 (l), the LEA shall provide parents with notice of the right to transfer pursuant to this section, the limitations on the right to exercise this option set forth in §3809.4.

 

3809.3In the event of the alleged harassment or sexual harassment of a student enrolled in the District of Columbia Public Schools (DCPS), the notice required under §3809.2 shall also include notice of the right to file a grievance under§2405.4 or §2405.5.

 

3809.4If the student is alleged to have been the victim of a violent crime perpetrated on school grounds during school operating hours, the LEA shall substantiate the alleged incident, and report its findings to the parent in no more than three days.

 

3809.5If a student alleges a pattern of harassment or sexual harassment, the timeline and procedures for resolution of such grievances by the LEA provides in §2405.4 and §2405.5, shall apply.

 

3809.6In the event that the LEA finds that a violent crime alleged under §3809.1(1) is not substantiated, the LEA’s notice to parents shall include notification of the student’s right to file a grievance pursuant to §2405.4.

 

3809.7The parent shall have three weeks from the date of the completion of the LEA’s substantiation of allegations made under §3809.1(1) or (2) to request a transfer under the provisions of this subsection.

 

3809.8The LEA shall file a cumulative report of incidents reported under this section annually with the SEA.

 

source

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