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Article 74 - Transfer Option for Failure to Make Adequate Yearly Progress
| Section 74.1 | Purpose |
| Section 74.2 | Transfer Option |
| Section 74.3 | Notification of Transfer Rights |
Article 74
TRANSFER OPTION FOR FAILURE TO MAKE
ADEQUATE YEARLY PROGRESS
Adopted 03/05/03
The purpose of this policy is to comply with the requirements of No Child Left Behind Act that school districts with a school identified as being in need of improvement for its failure to make adequate yearly progress for two consecutive years must promptly notify parents of students in such school of their transfer options.
(A) In the event that a District school is identified as being in need of improvement by reason of its failure to make adequate yearly progress for two consecutive years, the District shall notify the parents of students in such school that their child/children shall have the right, subject to the limitations in paragraphs (B), (C) and (D) below, to transfer to another public school at the same grade level within the District which has not been so identified.
(B) Notwithstanding any other provision of this policy, the right to transfer provided in paragraph (A) above shall not exist where the District has only one public school at the student's grade level within the District, or the transfer is otherwise impossible. As a result, the transfer option shall not be available to students in grades 6-12 due to the fact that the District only has one school for all students in grades 6-8 (Petrova Middle School) and one school for all students in grades 9-12 (High School).
(C) The transfer of students whose parents elect the transfer option shall be made available and implemented no later than the first day of the school year following identification, subject to health and safety code requirements regarding facility capacity.
(D) If safety code and health requirements prevent the transfer of all eligible students choosing to transfer to another District school, the District shall give priority to the lowest achieving students from low-income families as determined by the District for purposes of Title I allocations.
(E) Transferring students shall enjoy the same rights as students already attending the school to which transfer is being made, and transferring students with disabilities shall continue to receive special education programs and services in accordance with their respective IEPs.
Section 74.3 Notification of Transfer Rights
(A) The Superintendent shall promptly notify in writing the parents of any student entitled to transfer as provided in section 74.2 of this policy.
(B) The written notice shall be sent by first class mail and contain the following information:
(1) an explanation of what the identification means and how the school compares in terms of academic achievement to other elementary or secondary schools in the District;
(2) the reasons for the identification;
(3) an explanation of what the identified school is or will be doing to address the problem of low achievement;
(4) an explanation of what the District or the State Education Department is or will be doing to address the problem of low achievement;
(5) an explanation of how parents can become involved in addressing the academic issues that cause the school to be identified;
(6) identification of the District school to which the student may transfer;
(7) a statement informing the parents that if they desire the transfer of their child they must inform the Superintendent of their decision within the time period stated in the notice, which time period shall not be less than ten business days; and
(8) informing the parents that their child will be permitted to remain at the school to which transferred until the child completes the highest grade level in such school.