It is improper to require a student to transfer schools as a penalty for a disciplinary infraction.
Involuntary transfers are possible only after a hearing separate from any disciplinary proceedings.
In Appeal of a Student Suspected of Having a Disability, the student was suspended and reassigned to an alternative instruction center after he became involved in a fight with another student. The superintendent gave notice of a suspension hearing that listed possible dispositions including, for example, transfer to another school and periods of continued or extended suspension. Following a suspension hearing at which charges against the student were sustained, the district determined that the appropriate disposition was to transfer the student to another high school. The notice must also inform them that they have a right to an informal conference with the principal and that they may be accompanied by counsel or any other individual they choose. The purpose of the conference is to afford the student and parents an opportunity to discuss whether the student would benefit from the transfer or whether the student could receive an adequate and appropriate education in another school program or facility.