4134 - IMMEDIATE TRANSFER WHEN CRIMINAL CHARGES ARE PENDING
Whenever a student is charged with a criminal offense, either as a juvenile or an adult, the Superintendent or designee, based upon a review of the allegations associated with the arrest or criminal charges and an informal meeting with the student and parent/guardian, shall have the authority to effect an immediate involuntary transfer to another school or to a full-time alternative education program if the Superintendent or designee, based upon a preponderance of the evidence, is of the opinion that the peace, health, safety, or welfare of the students or staff of the Durham Public Schools may be disturbed by maintaining the student in his or her current placement. The program to which the student is transferred will be a full-time program which provides the standard course of study and permits the student to continue to make timely progress toward grade promotion and graduation. The student's parent/guardian may subsequently request a hearing to review the involuntary transfer pursuant to Policy 4132.
A student may also face suspension or expulsion for the behavior which led to the criminal charges, consistent with Policy 4301, Code of Student Conduct, and 4303, Disciplinary Procedures.
Legal Reference: G.S.115C-366
Adopted Effective: August 29, 1996
Revised Effective: July 1, 1999
Adopted Effective: July 12, 2011
