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  1. #1
    Join Date
    Apr 2012
    Posts
    4

    Default Intra-District Transfer of Child with an IEP

    My question involves education law in the State of: CA

    California Education Code Section 35160.5(b) paragraph 2(b)
    http://www.leginfo.ca.gov/cgi-bin/di...=35160-35178.4
    (B) It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to Chapter 8 (commencing with Section 52200) of Part 28 of Division 4.


    My daughter applied for an Intra District transfer, the school district denied this because she is in a Special Education Program and this program has impacted enrollment at this High School. I spoke with the person responsible for this decision at the school district. I asked him how many special education eligible intra district transfers had been approved for this school and when the decision was made. He wouldn't give me an answer, all he said was "the decision had been made by the special education department" of the district.

    My suspicion is that the school district didn't realize my daughter was in the Special Education program, until after the decisions had been made for the other transfers. (Because when my wife phoned to ask status a few weeks ago, they said they didn't realize she was a Special Ed student)

    Is there a way for me to acquire information on how many intra district transfers were approved and the dates of the decisions?

    - - - Updated - - -

    Looks like the California Public Records Act provides for this.
    Has anyone used these procedures to request information from a school district?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Intra-District Transfer of Child with an IEP

    "Has anyone"? I would expect so.... If you want to know the numbers, I suppose you could put together a request for the records of people who have requested the records in the past....

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