School Transfer Request

[Annamarie]

We had an IEP meeting for my 19 year-old son to transition to TCHS in the afternoons and attend SD in mornings for which I signed a NOREP. The SD is now going back on what they said in the meeting regarding a change in high school building placement. Do I go to mediation? They haven't replied to my last email.

We requested a transfer to East HS so that son will not have to see a student at West HS who sexually assaulted him years ago in our neighborhood. The attack did not take place at school and son was not a student in the SD at the time (we live in the same place, but he was in a charter school at that time so technically in a different district. Also, we settled with a lawyer for son to attend private school for 6 years, so son has not in SD). Both boys were under age 14 and both have special needs. It was reported to CYF who concluded that no other authorities should be notified, that there was no legal recourse, and I followed their policies on what to do afterwards. I have said and written this to the SD but they are changing my words around.

In our IEP Meeting, SD said we only needed to submit a formal request for the change in HS buildings and gave me a link for the request letter and nothing else during the meeting. I was told it needed to be short and to the point- it was supposed to be just a formality and after I emailed the request, they emailed me the NOREP. They called to have me sign it while I was on the phone with them, which I did. They had an incorrect name on it, though, so they fixed it and resent it for me to sign again, which I did. 

The next day, SD emailed me many forms including Board Policy saying they would like all supporting documentation for the assault (there is none and we do not feel comfortable telling the SD the other boys name).

The policy states:

The Pennsylvania Department of Education, as required by the Unsafe School Choice Option provision of the No Child Left Behind Act (Section 9532), hereby adopts the following standards for a student who becomes a victim of a violent criminal offense while in or on the grounds of the public elementary or secondary school that s/he attends.

Local Educational Agency or LEA - shall include a school district, an area vocational-technical school, an intermediate unit or a charter school.

Victim or student victim - shall mean the student against whom a violent criminal offense has been perpetrated while the student was in or on the grounds of the public elementary or secondary school that s/he attends.

Student Opportunity to Transfer

Except as provided below, a student who becomes a victim of a violent criminal offense while in or on the grounds of the public elementary or secondary school that s/he attends, must be offered the opportunity to transfer to a safe public school within the LEA, including a charter school.

In order for a student victim to be entitled to transfer to another school under these standards, the violent criminal offense first must be reported to law enforcement authorities by the student, the student’s parent/guardian, or school officials.

A student victim (or his/her parent/guardian) may apply to the LEA to transfer to another school within thirty (30) calendar days after the incident is reported to school authorities.

The assault did not take place at SD grounds or schools, we were told NOT to report it to law enforcement officials, and it's past 30 days so none of this is applicable to us. The forms they sent are attached below. My advocates advised not to fill them out and we restated our request, but SD has not replied. What could we do?

Thank you!

NO103-AG-4 Report Form for Complaints of Discrimination11.11.20.pdf NO103-AG-3 Discrimination Complaint Procedures11.11.20.docx.pdf NO103-AG-2 Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints11.11.20.pdf NO103-AG-1 Letter Documenting Objection to Child Participation in an Investigation11.11.20.pdf

[Carolyn Rowlett]

Not in Pennsylvania, so others might know more.  But for me, it would help to see the language in the NOREP as to what was agreed to at the meeting.  Regardless, however, it looks like you were given some bad advice during the meeting from individuals who did not understand the entire process or know all the facts in your case.  Under the board policy, you appear to be out of luck.  My suggestions are:

1. Ask for all policies regarding ability to transfer schools.  There might be some other way to request a transfer.

2. Write a letter to the superintendent and school board members pleading your case.  Since you don't have any policy or legal ground to stand on, appeal to their emotions to make an exception.  However, there are a couple of legal issues you could allude to (but I would start out nice and not demanding in this initial letter/email).  State how this would affect your son and his ability to access his education (he would be so traumatized he wouldn't be able to focus and learn - I would even suggest getting a letter from a psychologist/psychiatrist stating the environment would making learning difficult, if not impossible, and attach the letter).  Hopefully they could connect the dots that they would be denying FAPE.  Another legal angle would be adding something like "it would be be devastating to my son physically, mentally, and emotionally if another attack were to occur."  Hopefully they could connect the dots in terms of their liability if an attack occurred and they were on notice of the previous one. 

3. If they insist on knowing the other boy's name, keep in mind that the school district is required to keep this confidential.

[JSD24]

I have friends who live in the same school district (if it's the district with an East & West HS that sends students to TCHS) that I know and I was shocked what they did to my friend's child and attending the school they were zoned for.  That said, what I would do is write a letter stating that the school's policy doesn't apply in your case because (1) it happened off campus, (2) you were told by the appropriate agency, CYF, to not report this to the police (3) but there was a legal settlement for your child to go to a different school from this child for 6 years.  I would ask that they honor your request of having your child attend East rather than West which your neighborhood is zoned for.  (You might need documentation from a MH professional that he should not be attending the same school as this other child due to PTSD.)  You'll probably need to say you will transport as that tends to be the big ticket item with a student not going to their neighborhood school.  He should be able to ride the bus to TCHS from East but you'd need to get him to/from East.

On 2nd look, this part may apply:  "A student victim (or his/her parent/guardian) may apply to the LEA to transfer to another school within thirty (30) calendar days after the incident is reported to school authorities."  IMO, you are somewhere within this 30 day timeline as you recently told the SD about the assault.  Use the points I outlined to make your formal request.  You might want to call the superintendent and then follow up the call with an email so you have a paper trail.  Or you might need to show up in person.  I know the person in charge of school safety in my district and they might be someone to have involved with this process.  Include the Title IX coordinator too.