The principal may assign and transfer any student from one classroom to another. Education Code 25.031
The principal must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in that decision any matter relating to the national origin of the student or the student’s ancestral language. Education Code 25.032
Any change in classroom assignment must continue to provide the student with a free, appropriate public education in accordance with the student’s Individualized Educational Program (IEP).
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 and school 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 if such placement is congruent with each child’s Individualized Educational Program (IEP).
The School shall provide the placement requested. However the School is not required to place multiple birth siblings in separate classrooms if the request would require the School 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 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, subject to the provisions of the student’s IEP.
A parent may appeal the principal’s classroom placement by requesting an ARD Committee meeting. During an appeal, the siblings shall remain in the classroom chosen by the parent. [See FNG]
Education Code 25.043
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 principal shall transfer the victim to another classroom if available.
In the event that the School has only one classroom which offers the coursework which both the bully and the victim need, the bully will be placed in the disciplinary alternative education placement.
STUDENTS WHO ENGAGE IN BULLYING
The transfer of a student with a disability who receives special education services and who engaged in bullying may be made only by a duly constituted ARD committee under Education Code 37.004.
“Bullying” has the meaning assigned by Education Code 37.0832. [See FFI]
“Bullying” means engaging in written or verbal expression or physical conduct that a board or its designee determines:
- will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; or
- is sufficiently severe, persistent, or pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.
The principal shall verify that a student has been a victim of bullying before transferring the student. The School may consider past student behavior when identifying a bully.
The determination by the principal is final and may not be appealed. The procedures set forth at Education Code 25.034 do not apply to a transfer under this provision.
Education Code 25.0342
Note: For bullying rising to the level of prohibited harassment, see FFH. For all other bullying, see FFI.
A parent or person standing in parental relation is entitled to reasonable access to the principal 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, or would not affect the services in the reassigned student’s IEP. The decision of the principal regarding such a request is final and may not be appealed.
Education Code 26.002, 26.003(a)(2), (b) [See FNG]