4132 - STUDENT TRANSFERS

Students who wish to transfer from their assigned school into another school, other than a magnet school, may request one of the following types of transfer: 1) hardship transfer, 2) child care transfer, 3) transfer out of year-round into traditional, 4) transfer into year- round, or 5) transfer from special assignment, as outlined in this policy. In addition, children of school employees may apply for a transfer to the school in which the child’s parent is employed.  The student capacity of a school, the number of students at a grade level, and local or state class size guidelines may be used as factors in considering approval or denial of student transfer requests.

4132.1 Terms of Transfer

Once granted a transfer under this policy, a student may continue attendance at the receiving school if the student maintains good behavior, good attendance and passing grades. Failure to meet these conditions or misrepresentation on a transfer request may result in revocation or denial of transfer.

4132.2 Hardship Transfer

The Superintendent or designee may grant transfer requests in cases of substantial hardship if the Superintendent or designee finds that any of the following exist:

A. Serious physical, mental or emotional problems. The student must submit an affidavit from the student's physical, psychologist, or psychiatrist to support a request made under this ground.

B. Concerns for the safety of the student or others in the school.

C. A student has achieved junior or senior status at a high school and desires to remain in that school through graduation despite a change in residence.

D. Other extreme or unusual circumstances that affect the student's academic achievement and/or behavior at school.

4132.3 Child Care Transfer

The Superintendent or designee may grant transfer requests based on child care needs.

4132.4 Transfer Out of Year-Round to Traditional

The Superintendent or designee may grant a transfer request to a student whose base assignment is a year-round elementary school who requests assignment to the designated traditional school.

4132.5 Transfer into a Year-Round School

A request to transfer into a year-round school filed under this policy will be considered only if: all applicants from within the year-round region served by the school requested, at the grade level requested, have been assigned, and additional space is available.

4132.6 Transfers for Children of Durham Public School Employees

A request to transfer the child of a school employee will be considered only if the student for whom the transfer is requested is the child of a full-time, part-time or itinerant DPS employee working at the school requested and there is space available at the school and at the grade level requested.

4132.7 Transfer from Special Assignment

The Superintendent or designee may grant a transfer request to a student wishing to leave a special assignment to attend the base school.

Students assigned to schools other than their base schools (through transfers or application and assignment to magnet schools, year round schools or special interest high school programs) may voluntarily decline their assignments up until the tenth day of the school year.  To leave a special assignment during the school year after the tenth day requires an approved Transfer from Special Assignment.  A request to transfer from a Special Assignment will be processed as a late transfer application and be considered only under extenuating circumstances.

4132.8 Reassignments Under No Child Left Behind

A.  Public School Choice Option

Students assigned to Title I schools in their first or second year of Title I school improvement or in corrective action or restructuring will be offered transfer options as required by the No Child Left Behind Act., 20 U. S. C. 6316

B.  Persistently Dangerous Schools

As required by federal law and State Board of Education policy, a student may be given the opportunity to transfer to one or more designated schools if he or she attends a school designated by the state as persistently dangerous or if he or she is subject to a violent criminal offense while on school grounds. A transfer offered from a school identified as persistently dangerous will be in effect until the original school is no longer identified as persistently dangerous. A transfer offered to a victim of violent crime will be in effect for the remainder of the school year.

LEGAL REF: G.S. 115C-336 to 369; G.S. 115C-105.48; 20 U.S.C. 6316;  20 U.S.C.7912; State Board of Education Policy SS-A-006.

4132.9 Procedures for Transfer Application and Appeal

Application Timelines: Applications for transfer may be submitted between March 1 and May 1 of each year to the Office of Student Assignment. Students who apply for transfer between March 1 and May 1 shall be notified of a decision on or before June 1.

Late transfer applications (those submitted after May 1) will be considered only if extenuating circumstances exist. Such circumstances include an unanticipated and significant change in the student's status occurring after May 1 or other circumstances outside of the parent’s/guardian's control that prevented them from meeting the application deadline. (Being unaware of the deadline is not considered an extenuating circumstance). Late transfer applicants will be notified of a decision within fifteen days of receipt of the application.

Decision and Appeal: If the Office of Student Assignment denies an application for transfer, it shall notify the student in writing by U.S. mail. The student may appeal the decision in writing to the Superintendent within five days after receipt of the notice. The Superintendent will review the appeal and send a decision letter to the student by certified mail within five days of receiving the appeal.

If the Superintendent denies the appeal, the applicant may appeal to the Board of Education in writing within five days after receiving the Superintendent's notice. The applicant shall be entitled to a hearing before a panel of the Board, to occur within ten days of the Board's receipt of the appeal whenever practicable. The panel's decision shall be submitted to the full Board for final determination. The Board shall review the panel's decision and send the parent/guardian notice of the Board's decision by certified mail within five days after the Board's meeting.

4132.10 Transportation

If a transfer is granted, transportation to and from school is the responsibility of the student/family. Durham Public Schools will not provide transportation outside of a program's/school's attendance zone.

The principal at his/her discretion may assign a transfer student to a bus, provided there is space available on that bus, and provided the student gets on and/or off the bus at an existing stop within the attendance zone.

Legal Reference: G.S.115C-366, -369

Adopted Effective: July 2, 1992

Revised: November 13, 1997

Revised Effective: July 1, 1999

Revised: June 7, 2001

Revised Effective: June 15, 2006

Revised Effective:  July 1, 2008 (Board approved - June 26, 2008)

Revised Effective:  December 18, 2008

Revised Effective:  November 19, 2009

Revised Effective:  April 29, 2010