Code Section

48432.5.  

(a) The governing board of each high school or unified school district that assigns pupils to continuation schools shall adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools.

(b) The rules and regulations shall provide that written notice be given to the pupil and the pupil’s parent or guardian or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker informing them of the opportunity to request a meeting with a designee of the district superintendent of schools before the transfer.

(c) At the meeting, the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker shall be informed of the specific facts and reasons for the proposed 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. The pupil may designate one or more representatives and witnesses to be present with the pupil at the meeting.

(d) A decision to transfer the pupil involuntarily shall be based on a finding that the pupil committed an act enumerated in Section 48900, or has been habitually truant or irregular in attendance from instruction upon which the pupil is lawfully required to attend.

(e) The decision to transfer shall be in writing, stating the facts and reasons for the decision, and sent to the pupil and the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker. It shall indicate whether the decision is subject to periodic review and the periodic review procedure.

(f) The persons involved in the final decision to make an involuntary transfer of a pupil to a continuation school shall not be a member of the staff of the school in which the pupil is enrolled at the time that the decision is made.

(g) A pupil, with the concurrence of a designee of the district superintendent of schools, may transfer voluntarily to a continuation school in order to receive special attention such as individualized instruction.

(h) Involuntary transfer to a continuation school shall be imposed only when other means fail to bring about pupil improvement; provided that a pupil may be involuntarily transferred the first time the pupil commits an act enumerated in Section 48900 if the principal determines that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process.

(i) An involuntary transfer to a continuation school shall not extend beyond the end of the semester following the semester during which the acts leading directly to the involuntary transfer occurred unless the governing board of the school district adopts a procedure for yearly review of the involuntary transfer conducted pursuant to this section at the request of the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, or county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker.

(j) A pupil who has voluntarily transferred to a continuation school shall have the right to return to the regular high school at the beginning of the following school year and, with the consent of a designee of the district superintendent of schools, may return at any time.