School District Homepage
Policy Index

 

School District of Philadelphia 
Policy and Procedures 
Subject  Admission and Transfer Regular Grade
Classification  Lateral Transfer
Date Issued  May, 1994 
Policy Number  118.2
Issued by  Office for School and Regional Support
Supersedes  October, 1988
Review Before  As needed 

 POLICY

A. A pupil may be recommended for a lateral transfer to another school as a result of committing one or more serious violations of the "Code of Student Conduct."

B. A pupil who is considered to be potentially dangerous to other pupils, to staff members, or to one's self, may be recommended for transfer to another school.

C. A pupil who causes repeated disruption of the educational program and reasonable efforts to remediate the pupil's conduct have not improved the conduct, a lateral transfer may be recommended.

DEFINITION

A. A lateral transfer is an involuntary transfer from one school to another school for disciplinary reasons.

B. A lateral transfer from one school to another school includes:
 

1. Transfer of a pupil from the jurisdiction of one principal to the jurisdiction of another principal, regardless of whether the pupil is transferred out of or into an alternative, magnet, special admissions, neighborhood or any other type of school or program.

2. Transfer of a pupil from a full-time off-site program which is attended by pupils who remain on the roll of more than one home school.


C. A transfer for disciplinary reasons from a school or annex to another location within the school organization is not considered a lateral transfer. This type of transfer is accomplished through an informal conference held by the principal, or designee, with the parent and pupil.
 
 REFERRING SCHOOL PROCEDURES:

A. Before recommendation for transfer:

1. Every attempt is to be made to accommodate disruptive pupils within the regular school program through roster changes, parental conferences, counsel-ing, referral to the Pupil Support Team, etc. If these adjustments are not success-ful, the pupil may be referred to alternative programs that are part of the school organization.

2.  A pupil and his parents must be made aware that the pupil may be recommended for a disciplinary transfer if the disruptive behavior continues.

3.  A transfer (EH-21) is not to be recommended unless a pupil has a record of serious disruptive behavior or has been involved in an incident that is so serious that it warrants removal from the school.

B. Referral

1. All serious violations of the "Code of Student Conduct" are to be reported on Form EH-20 (pink slip) to the principal or designee.

2. All pupils who are recommended for an EH-21 transfer must have a conference with the principal or designee before the EH-21 is filed in order that:
 

a. The reasons for the transfer are made clear to the pupil.
b. The pupil has an opportunity to state his/her story.
 
3. The principal is to review the pupil's complete discipline file and determine whether a transfer recommendation is warranted.
 
a. When the principal intends to recommend a transfer, the parents are to be notified by telephone on the same day or as soon thereafter as possible. Notification is also to be sent by regular mail on the same day, and a copy of the letter is to be given to the pupil. A conference date is to be scheduled within three days using the form in section #118.8.

b. The principal may suspend the pupil in accordance with the usual suspension procedure.
 

4. Form EH-21 is to be completed thoroughly and carefully.
 
a. The development of the EH-21 is to begin before the parental interview and as soon as the possibility of a transfer exists.

b. Only factual information is to be included in the EH-21. All information regarding disruptive activities of the pupil are to be fully documented on EH-20's.
 

1) disruptive behavior is to be listed by date with the most recent instance listed first and continuing in reverse chronological order. Personal opinions regarding the disruptive behavior are not to be recorded. Violations of the Code of Student Conduct are to be cited.

2) every section of Form EH-21 is to contain information to support the request for transfer.

3) all anecdotal records, including EH-20's, are to be forwarded with the EH-21.

4) copies of Form EH-31, Serious Incident Report, that involve the pupil are to be included.


c. Specific schools to which the pupil may be transferred are not to be designated by the principal. The principal may suggest a specific program that might be more appropriate for a particular student.

d. The principal is to schedule a conference with the parents. At this conference, the parents are to be informed of the allegations against their child and the parents are to be given the opportunity to discuss the incidents. The principal is to share with the parents the EH-20's which were submitted by the teachers and to provide the pupil with an opportunity to respond to the allegations.

e. At the conclusion of the conference, the principal is to inform the parents of his/her decision to retain the pupil in the school or to recommend a transfer to another school.


C. Parents agree to lateral transfer at school conference.

1. If the parents agree to a transfer recommendation, the principal is to request that they sign a waiver form using the form in Section #118.10.

2. The EH-21 transfer request and signed waiver are forwarded to the regional hearing officer who may accept, modify, or deny the request. No statements are to be made to the pupil or parent which seem to commit the hearing officer to a particular decision.
 

a. Completed Form SEH-75, Referral to Child Study Evaluation Team, is to accompany EH-21 for transfer.

b. The parents' attitude toward the recommended transfer is to be clearly stated on the EH-21.
Dates and topics discussed at all parent conferences are to be included.
 

3. The pupil is to remain on roll in the present school pending the final decision by the Regional Office. If the transfer has not been implemented, the pupil is to return to the present school after the suspension period. Updated information regarding suspension is entered in the School Computer Network: number of days and Code violations.

D. Parent Does Not Agree to Lateral Transfer

1. If the parents object to the transfer, the principal is to call the Regional Office while the parents are present. A hearing at the Regional Office is to be scheduled and held within three days of the conference in the principal's office or as soon thereafter as is convenient for the parents.

2. The principal is to give the parents a copy of the EH-21 and a copy of the letter listing the due process rights and date of scheduled hearing using the letter form in Section #118.11. Parents are to sign the letter and a copy of the signed letter is to be made for the Regional Office and a copy made for the school file.

3. The EH-21 transfer and signed copy of the due process letter are to be forwarded to the Regional Hearing Officer who may accept, modify, or deny the recommendation. No statements are to be made to the pupil or parent which seems to commit the hearing officer to a particular decision.
 

a. Completed Form SEH-75, Referral to Child Study Evaluation Team is to accompany EH-21 request for transfer.

b. The parents' attitude toward the recommended transfer is to be clearly stated on the EH-21. Dates and topics discussed at all parent conferences are to be included.

 
 4. The pupil is to remain on roll in the present school pending the final decision by the Regional Office. He/she is to return to the present school after the suspension period, if the transfer has not been implemented.

E. Parent Does not Attend Conference at School

1. If the parent fails to appear at the conference with the principal and the principal wishes to recommend a transfer:
 

a. The Regional Office is to be notified by phone and the Regional Office hearing with the parent is to be scheduled.

b. Parent is to be notified by the school that a hearing will be held at the Regional Office. Notification is to be sent by certified mail using the letter form in Section #118.11. A copy is to be sent to the Regional Office and a copy made for the school file.


2. The EH-21 transfer request and copy of the due process letter are to be forwarded to the Regional Hearing Officer who may accept, modify, or deny the recommendations.
 

a.  Completed Form SEH-75, Referral to Child Study Evaluation Team, is to accompany EH-21 for transfer.

b.  The parents' attitude toward the recommended transfer is to be clearly stated on the EH-21. Dates and topics discussed at all parent conferences are to be included.


3. The pupil is to remain on roll in the present school pending the final decision by the Regional Office. He/she is to return to the present school, after the suspension period, if the transfer has not been implemented.

REGIONAL OFFICE PROCEDURES

A. The hearing officer at the Regional Office is to be a designee of the Regional Superintendent.

B. The decision of the hearing officer is to be totally objective and based only on the evidence and testimony presented at the hearing.

C. The hearing officer may at the request of the parent compel the attendance at the hearing of School District personnel affiliated with the case. A School District employee required to attend a hearing at the Regional Office may be represented by a union representative. The union representative may not argue the issues or cross-examine those attending the hearing, but may only advise the employee. The parent may also request that the proceedings be tape recorded.

D. The Regional Superintendent may consider an R.D. placement for a student who has been given a prior lateral transfer within a two-year period. Each case will be considered on an individual basis. If an R.D. is recommended, the procedures listed in #118.3 shall be followed.

E. Decision of the Hearing officer
 

1. A decision made by the Regional Hearing Officer is final and no further appeal is available to parents.

2. To support a decision approving a lateral transfer to another school, the hearing officer must make a specific finding that the pupil committed a serious violation of the "Code of Student Conduct."

3. The parents may request, if a lateral transfer is to be given, that every attempt be made to send their child to the school closest to the present school.

4. The parents and the present school are to be notified within five days of the decision of the hearing officer.

 
 a. If the decision is to transfer the pupil, the form letter in section #118.13 is to be used.

b.  If the decision is to permit the pupil to return to the present school, the parents are to be notified by using the form letter in section #118.14.


5. The EH-21 is returned to the referring school. Upon receipt of the EH-21, that school will remove the pupil from its roll if he/she is to be transferred. Transfer information is entered in the School Computer Network by the referring school.

 
a. One copy of the EH-21 is placed in the pupil pocket.

b. One copy of the EH-21 is forwarded to the receiving school.

c. One copy of the EH-21 remains on file in the Regional Office.

E. Parent Waiver is signed at school:
 
1. To support a decision approving a transfer, the Regional Hearing Officer must make a specific finding that the pupil committed a serious violation of the "Code of Student Conduct."

2. The parents and the present school are to be notified within five days of the decision of the hearing officer.
 

F. Parent Waiver is signed at the Regional Office:
 
1. At the hearing, if the parents agree to a transfer, they are to sign a waiver form, using the form in section #118.10. A copy of #118.11 given to the parent is to be attached to the waiver form.

2. The parents and the present school are to be notified within five days of the decision of the hearing officer.


G. Parent Does Not Attend Hearing at the Regional Office
 

1. If there is a signed receipt from the U.S. Postal Service and the parent fails to appear for the hearing and does not contact the Regional Office within a three- school day period after the scheduled hearing, the Regional Hearing Officer is to arrive at a decision based on the information provided by the school (the EH-21 and the SEH-75).

2. If the Regional Office does not receive a signed receipt from the U.S. Postal Service regarding the certified letter, the Regional Office will contact the school and ask the school to attempt to reach the parent regarding the hearing date. If the parent does not respond to the school or the Regional Office within three days after the scheduled hearing date, the Regional Hearing Officer will proceed to process the request as indicated in G.1. above.

3. If the notice letter is returned by the Postal Service indicating that the parent/guardian failed to pick up the mail despite notices by the postal service, the right to a hearing may be deemed waived.


RECEIVING SCHOOL RESPONSIBILITIES

A. Pupil must be accepted at the receiving school after notification from the Regional Office, even if the pupil records have not been received.

B. A pupil assigned on an EH-21 to a school will follow the feeder pattern of the new school. If a pupil wishes to return to the former feeder pattern, the parents must request the sending Regional Superintendent for approval of the transfer on a EH-36 form.

C. When a pupil assigned to a school because of disciplinary reasons via an EH-21 is to be reassigned to another school for whatever reason (completion of terminal grade, change of residence, etc.), the new school to which the pupil is being assigned must be notified in writing of the support services the pupil is receiving. If the new school cannot provide these services, the principal should inform the Regional Superintendent (preferably before the transfer is completed).