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5113 - School Choice Options Provided by the No Child Left Behind Act

The School Board acknowledges that the Federal No Child Left Behind Act of 2001 ("NCLBA") provides that the parents of students enrolled in a Title I school that has been listed for "School Improvement" for two or more years have the right to transfer their children to another school in the District. This right of transfer applies when there is a school that provides instruction at the student's grade level(s) that has not been identified as being in the process of school improvement, corrective action, or restructuring. If there is not another school in the District meeting these criteria, the Superintendent shall contact the neighboring counties and request that they permit students to transfer to a school in one of those counties. The Superintendent shall also offer Supplemental Educational Services (SES) if a transfer within the District is not possible.

Additionally, a student attending a "persistently dangerous" school as defined by State law have the right to transfer to another "safe" school in the District. If there is not another "safe" school in the District providing instruction at the student's grade level(s), the Superintendent shall contact neighboring counties and request that they permit the students to transfer to a school in one of those counties.

Furthermore, a student who is a victim of a "violent crime" on school property and the student's sibling(s) have the right to transfer to another school. If the victim chooses to remain at the school site, pursuant to Florida statutes, the District shall transfer the offender to another school. If there is not another school in the District providing instruction at the student's grade level, the Superintendent shall contact neighboring counties and request that they permit that student to transfer to a school in one of those counties.

The Superintendent shall develop and revise as necessary administrative procedures necessary to implement this policy. Furthermore, the Board authorizes such transfers in accordance with the administrative procedures.

Children who transfer in accordance with this policy will be permitted to remain at the school of transfer until completing the highest grade at the school.

P.L. 107-110
F.S. 1002.20, 1002.38, 1006.13(5), 1006.09

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