FDB(LEGAL) - ADMISSIONS: INTRADISTRICT TRANSFERS AND CLASSROOM ASSIGNMENTS
A board or its designee may assign and transfer any student from one school facility or classroom to another facility or classroom within its jurisdiction. Education Code 25.031
A board or its designee must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language. Education Code 25.032
Multiple Birth Siblings
"Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.
"Parent" includes a person standing in parental relation.
The parent of multiple birth siblings who are assigned to the same grade level may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.
A school shall provide the placement requested, except that a district is not required to place multiple birth siblings in separate classrooms if the request would require the district to add an additional class to the grade level of the siblings.
The school may recommend to a parent the appropriate classroom placement and may provide professional educational advice to assist the parent with the decision.
These provisions do not affect:
- A right or obligation regarding the individual placement decisions of the admission, review, and dismissal (ARD) committee with respect to students receiving special education services [see EHBAB]; or
- The right of a district or teacher to remove a student from a classroom under Chapter 37 [see FOA].
Reassignment by Principal
At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.
A parent may appeal the principal's classroom placement in the manner provided by district policy. During an appeal, the siblings shall remain in the classroom chosen by the parent. [See FNG]
Education Code 25.043
Placement of Older Students
A person who is 21 years of age or older who is admitted by a district to complete the requirements for a high school diploma and who has not attended school in the three preceding school years may not be placed with a student who is 18 years of age or younger in a classroom setting, a cafeteria, or another district-sanctioned school activity. This restriction does not prevent the student from attending a school-sponsored event that is open to the public as a member of the public. Education Code 25.001(b-2)
Students Who Are Victims of Bullying
On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board or its designee shall transfer the victim to another classroom at the campus to which the victim was assigned at the time the bullying occurred.
Students Who Engage in Bullying
The board may transfer the student who engaged in bullying to another classroom at the campus to which the victim was assigned at the time the bullying occurred.
Education Code 37.004 (Placement of Students with Disabilities) applies to a transfer under this provision of a student with a disability who receives special education services.
"Bullying" has the meaning assigned by Education Code 37.0832. [See FFI]
A board or designee shall verify that a student has been a victim of bullying before transferring the student. A board may consider past student behavior when identifying a bully.
The determination by a board or designee is final and may not be appealed.
Education Code 25.0341
Note: For bullying rising to the level of prohibited harassment, see FFH. For all other bullying, see FFI. For transfers related to sexual assault or school safety, see FDE.
A parent or person standing in parental relation is entitled to reasonable access to the school principal, or to a designated administrator with authority to reassign a student, to request a change in the class or teacher to which the parent's child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student. The decision of a board regarding such a request is final and may not be appealed. Education Code 26.002, .003(a)(2), (b) [See FNG]