Can Schools Just Involuntarily Transfer My Child to a Continuation School?

Okay- you are going along in life, minding your own business.  Your kids are fine, attending school, seem to be able to read and all is right with the world when suddenly, you receive a letter, call, or see sky writing telling you that your son who attends Local High School is now INVOLUNTARILY TRANSFERRED to the... CONTINUATION SCHOOL!  Can the district do this?  Yes they can, provided they jump through a few hoops.

First hoop: per California Education Code section 48432.5 notice of the intent to involuntarily transfer cannot come by sky writing, but must come via written notice.  In other words, you receive a letter which must state that an involuntary transfer is pending, but that you have a right to request a meeting with a school district representative.  Note this meeting will not just occur- you have to request it.  Please do.

Second hoop:  If you request the meeting, at that meeting, you will be informed of the basis for the involuntary transfer and "shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil's behalf."

I would recommend you ask for any documents PRIOR to the hearing along with the basis for the transfer, witnesses who may be called, etc.  Otherwise, how can you present your defense?

Third hoop:  The transfer 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 Ed Code 48262) or irregular in attendance (see my other blog on truancy).

Fourth hoop:  The decision to actually involuntarily transfer, or not transfer, a student to a continuation school  must be in writing.  In other words, you get a second letter.  This letter must indicate if the transfer will be periodically reviewed, the procedure for review, and the facts supporting the involuntary transfer.

Fifth hoop:  No one making the decision can be on the staff of the school which is kicking the student out.

Sixth hoop:  This is to be something done 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."

Seventh hoop:  The involuntary transfer can't go longer than 2 semesters including the current semester unless the policy of the district allows for only yearly review.

If they do not jump through all the hoops you may be able to attack the involuntary transfer for not meeting legal requirements.

Also, please note that you should check your school district's policies on involuntary transfers as well, which might offer even more hoops and an appeal process.  Hope this helps!

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Yes, You Do Need An Attorney For A School Expulsion

Does a parent really need an attorney to help them resolve and/or represent them at a school expulsion hearing?  Yes, yes and yes!

Expulsions are serious matters and result in a permanent mark on the student's record which can arise later in life, such as during application to college and when attempting to get certain jobs (this even comes up when applying to be an attorney).  Additionally, once expelled, a student cannot return to their school district for a set period of time and may have to attend school in a less savory environment, such as a continuation school.  And, if an expelled student does not meet the "rehabilitation plan" terms in the expulsion, they may never return to that district.

Parents are also going up against folks who "do this for a living" who are ultimately familiar with the expulsion hearing rules and requirements e.g. for witnesses, for evidence, for procedure, and for winning.  Parents are usually new to the whole expulsion process and this is a distinct disadvantage.  Its a bit of a David and Goliath type of situation.

Parents also must not presume a district will "see reason" if they just hear their story.  I have too many times heard from parents AFTER an expulsion hearing that they "trusted" the district to "do the right thing."  Sadly, they did not and the child was expelled.  Unfortunately, appeal rights can be limited and it is more difficult to fight an expulsion after the fact than prior to it occurring.  This is not surprising as a parent must plead their child's case in front of a panel of individuals paid by the district as employees (who are usually disciplinarians).   I would not bet my money that they would naturally have mercy on a student (they don't!).

Parents need leverage as the deck is stacked against them.  Usually, the only leverage in expulsion matters is an attorney.

I recently received the following from a happy client who could not get anywhere in an expulsion matter before the expulsion panel, and even the school board, until I became involved:

“My son was expelled from the Elk Grove Unified School District for one semester. Elk Grove High recommended two semesters expulsion. I recommended dismissal based on lack of evidence and parent notification violations. I lost the case. The Expulsion Panel recommended one semester expulsion. I quickly appealed the case to the Elk Grove Board of Education. I was also allowed to appeal the two home suspensions to the school principal. During this time I hired Education Attorney Michelle Ball for legal advice. What I liked about Michelle is that I could pay for half hour and one hour sessions, which made it affordable. I would have my questions ready and she would provide legal answers and information on the education codes. She was a wealth of knowledge.

I lost my case with the Elk Grove Board of Education and the school principal upheld the two home suspensions. I then appealed the two home suspensions to the second level, which was the Student Services and Health Department. Knowing that the District would keep playing games with me, I hired Michelle to handle the second level appeal for the expulsion, which was the Sacramento Board of Education. Michelle wrote a letter to the District’s attorney (I call it the “power letter!”) informing them that I had retained counsel for the second level appeal. Shortly after the letter was sent the District dropped the expulsion. I did the research and had substantial evidence to prove that there were parent notification violations and lack of evidence to convict my son of a 48900 (c) violation, but it wasn’t until I hired Education Attorney Michelle Ball to handle my case, that my voice was heard.” - RC


Best of luck,

Michelle Ball

Education Law Attorney

LAW OFFICE OF MICHELLE BALL

717 K Street, Suite 228

Sacramento, CA 95814

Phone: 916-444-9064

Fax: 916-444-1209

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.