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HomeMy WebLinkAbout5.4 Report 24-051 Approval of Changes to the Student Transfer Appeal Process.pdfAD HOC POLICY REVIEW COMMITTEE 04 April 2024 REPORT NO.24-051 APPROVAL OF CHANGES TO THE STUDENT TRANSFER APPEAL PROCESS Key Contact:Brett Reynolds,Associate Director of Education,Ext:8252 PURPOSE: 1.To seek approval of the proposed changes to the student transfer appeal process as prescribed by Policy P.077.PLG Designated Schools/Student Transfers and to rescind Policy P.126.SCO Appeals Hearing Panel (Student Transfers). STRATEGIC LINKS: 2.Replacing school transfer appeals to trustees with a decision by the school administration is in line with the Education Act and its Regulations which do not require school boards to establish a school transfer process nor a mechanism for trustees to hear appeals against administrative school transfer decisions.This change will allow for better use of resources available to staff in alignment with the pillars of Well-being,and Social Responsibility under the Ottawa-Carleton District School Board’s (OCDSB)2023-2027 Strategic Plan. CONTEXT: 3.On 12 October 2023,the Committee received Report 23-066 to elicit feedback on the transfer appeal process.Members of the Committee welcomed the proposed rescission. Report 24-017 presented the proposed changes to Policy P.077.PLG Designated Schools/Student Transfers primarily to remove the direction with regards to an appeal panel by trustees,along with other proposed revisions to simplify the policy for parents/guardians and align it with the District writing conventions.Report 24-017 also recommended the rescission of Policy P.126.SCO Appeals Hearing Panel (Student Transfers)and initiated the public consultation on the rescission and the associated policy changes. This report seeks approval for the rescission of Policy P.126.SCO Appeals Hearing Panel (Student Transfers)and the proposed changes to Policy P.077.PLG having accounted for feedback from both the trustees and the public. Report 24-051 Approval of Changes to the Student Transfer Appeal Process 1 KEY CONSIDERATIONS: 4.Safeguarding the Parents/Guardians’Right The proposed changes do not affect the right to appeal a decision made to deny a school transfer request.Parents/guardians will continue to be able to appeal the original decision made through two avenues: ●Writing to the principal of the receiving school;and ●Engaging the Superintendent of the receiving school where the first appeal was not granted by the principal. In response to the feedback opposing the proposed changes with the view that parents would have no support from a third party who advocates for families,staff reinforce that parents will continue to be able to seek trustees’support at any point in the process if necessary.The removal of the final appeal mechanism is recommended to address the resource challenges that are associated with the appeal process.Additionally,staff anticipate that removing this third level of appeal will promote and encourage parents/guardians to provide all relevant information in their initial transfer request application. 5.Board Policy P.077.PLG Designated Schools/Student Transfers The rescission of Policy P.126.SCO Appeals Hearing Panel (Student Transfers)will necessitate some revisions to Board Policy P.077.PLG Designated Schools/Student Transfers,specifically removing section 4.9 stating that:“Where a request for a student transfer is not granted on appeal to the principal under Section 4.3 (a)of this policy,a final appeal may be made to a panel of trustees as outlined in Policy P.126.SCO Appeals Hearing Panel (Student Transfer).” In addition to the above,staff recommend several additional revisions to help simplify the transfer process and better align the policy with current practice.These revisions are attached in Appendix B and include the following: Section Revision Throughout the Policy ●Applying the new policy template approved by the Board. Sections:3.2,3.4,3.5 ●Using gender neutral language. Sections:3.2,3.3,3.6 ●Removing the reference to Policy P.068.TRA Student Transportation which was rescinded in 2015 and replaced with OSTA Transportation Eligibility policy that sets out the criteria for transporting students. ●Linking to the OSTA policy in the Reference Documents Report 24-051 Approval of Changes to the Student Transfer Appeal Process 2 Section 3.3,c ●Clarifying the school redesignation could take place as a result of expulsion,not suspension,or for safety reasons. Sections:3.8,3.25,3.26, Policy Definitions (Appendix A) ●Replacing “students 18 years of age or older”with “Adult Student”in order to include students 16 or 17 years of age who have removed themselves from parental control. Sections 3.10,3.11 ●Clarifying the current requirements of student transfers. Section 3.15 ●Removing the reference to the phased implementation of full-day early learning kindergarten as all of our schools currently offer a full-day kindergarten experience. Section 3.16 ●Simplifying the language. Sections 3.17,3.18, 4.2,4.3,4.4,4.6 ●Removing procedural content and migrating it to the associated procedures. Sections 4.7,4.8 ●Clarifying the language around the two appeal mechanisms available for parents/guardians/adult students;first through the principal and finally through the Superintendent of Instruction responsible for the receiving school.The decision regarding the final appeal is typically made in consultation with the Associate Director of Education. Section 4.9 ●Removing the reference to an appeal panel by trustees. Reference Documents ●Removing the references to old transportation policies and procedures,as well as the reference to the appeal panel policy and procedure. ●Adding the reference to the OCDSB and OSTA transportation policies. Appendix A:Policy Definitions ●Adding the definitions of Adult Student,Board,District, and exceptional personal circumstances. Both elementary and secondary student transfer procedures will require an update to align with the above-listed revisions. RESOURCE IMPLICATIONS: 6.The rescission of policy P.126.SCO will significantly reduce the human resource cost associated with the management of cross-boundary transfer appeal hearings.These hearings currently involve the Associate Director (or designate),the Superintendent of Instruction,the school principals,three trustees and the support of Board Services. Report 24-051 Approval of Changes to the Student Transfer Appeal Process 3 Replacing the school transfer appeal hearings with a timely decision by the principal and the SOI will help parents/guardians better plan for the school year by significantly reducing the time taken in making a decision and the uncertainty associated with it.This will also yield time efficiencies for staff and trustees involved in the process. COMMUNICATION/CONSULTATION ISSUES 7.Consultation on the proposed revisions was open to the public from 8 February 2024 through to 8 March 2024 on Engage OCDSB.Awareness about this consultation was shared in the District’s weekly communications with students,parents/guardians,and in the monthly school council update.The feedback received was limited (13 in total),over 60%of which was from parents/guardians and several staff comments.The responses were grouped into three 3 themes;supportive,opposing,and neutral with a little over 40%of respondents supportive of the proposed revisions and the rescission,30%were opposed,and 25%offered comment but had no clear preference.The feedback from trustees and committee members gathered during the two meetings where the policies were discussed helped inform the revisions in Appendix B. Communications with parents/guardians will focus on the right to appeal and their ability to involve trustees at any time during the transfer request process.Staff will update the Student Transfer Parent Guide and are currently revising the associated procedures to help clarify and support families and staff. RECOMMENDATIONS: A.THAT Policy P.126.SCO Appeal Hearing Panel (Student Transfers),attached as Appendix A to Report 24-051,be rescinded;and B.THAT the revisions to Policy P.077.PLG Designated Schools/Student Transfers,attached as Appendix B to Report 24-051,be approved. Pino Buffone Director of Education and Secretary of the Board Brett Reynolds Associate Director Appendices Appendix A:Policy P.126.SCO Appeals Hearing Panel (Student Transfers)(Recommended for Rescission) Appendix B:Proposed revisions to Policy P.077.PLG Designated Schools/Student Transfers Appendix C:Standing Policy P.077.PLG Designated Schools/Student Transfers Report 24-051 Approval of Changes to the Student Transfer Appeal Process 4 -1- P.126.SCO _____________________________________________________________________ POLICY P.126.SCO TITLE: APPEALS HEARING PANEL (STUDENT TRANSFERS) Date issued: 17 April 1998 Last Revised: 25 November 2014 Authorization: Board: 17 April 1998 1.0 OBJECTIVE To provide a process for appeal to the Board by parents and guardians appealing on behalf of students who are minors and adult students appealing on their own behalf (hereafter, "appellants") with respect to the administrative decision of a school transfer request. 2.0 DEFINITIONS 2.1 Adult student is a student who is at least 18 years or older or 16 or 17 and has removed him/herself from parental control. 3.0 POLICY 3.1 The Board provides, by this policy, a process for appeals against administrative school transfer decisions under Board Policy P.077.PLG: Designated Schools/Student Transfers. 3.2 For each appeal hearing, a three-member panel of trustees shall be established to hear, consider and decide upon an appeal to the Board, by or on behalf of individual students, against administrative decisions. Such appeals may include the administrative decision with respect to a school transfer request. 3.3 The Chair shall establish the panel for each appeal hearing and appoint up to three members thereto as follows: a) the Chair and/or Vice-chair or designate; b) one or two other trustees for a total of three members, one of whom, insofar as is practicable, shall be the elected trustee from the zone in which the student or students reside or attend school; and c) The chair of the panel shall be the Chair or Vice-Chair of the Board, or, if neither is available, the Chair may designate another member to act as Chair of the panel. -2- P.126.SCO 3.4 When, despite best efforts, one of the appointed members of an appeal hearing panel is unavoidably prevented from attending on the appointed hearing date, the Chair may appoint another trustee to substitute. 3.5 The hearing shall be postponed unless all three members of the panel are present, except in a case where the Chair, as permitted in 3.4 above, has been able to replace one member of the panel by appointing another trustee to substitute. 3.6 In exceptional circumstances, which occur just immediately before the hearing is scheduled to commence, the panel may hold the hearing by telephone conference for determination of any or all issues, in the same manner as an oral hearing. 4.0 REFERENCE DOCUMENTS The Education Act Board By-laws, Annex 2, § 3.2.4 Board Policy P.040.SCO: Withdrawal of Transportation Privileges Board Policy P.077.PLG: Designated Schools/Student Transfers Board Procedure PR.664.SCO: Appeals Hearing Panel (Student Transfers) Board Procedure PR.530.SCO: Withdrawal of Transportation Privileges Board Procedure PR.568.PLG: Designated Schools/Student Transfers (Elementary) Board Procedure PR.569.PLG: Designated Schools/Student Transfers (Secondary) POLICY P.077.PLG TITLE:DESIGNATED SCHOOLS/STUDENT TRANSFERS Date Authorized:February 1999 Last Revised:XXXXXXXX Last Reviewed:XXXXXXXX COMMITMENT TO INDIGENOUS RIGHTS,HUMAN RIGHTS,AND EQUITY The District recognizes its responsibility to ensure that the development of this policy and the associated work promotes and protects Indigenous rights,human rights,and equity.The District will strive to address and eliminate discrimination and structural and systemic barriers for students,staff, and community. 1.0 RATIONALE To establish that students are designated to attend only certain schools as determined by geographic and programming considerations,and to define circumstances under which a student may attend a school other than the designated school. 2.0 DEFINITIONS Please refer to Appendix A for a list of definition of terms used In this policy, 3.0 POLICY Designated Schools 3.1 In accordance with Section 171(1),par.7 of the Education Act,the Board shall establish geographic attendance boundaries for each elementary and secondary school,thereby creating designated schools with reference to grade and program. 3.2 Except as provided elsewhere in this policy,a student shall attend the school within the boundary of which they reside which offers the program selected by that student and their parents/guardians,with transportation provided in accordance with Policy P.068.TRA Student Transportation.in accordance with OSTA Transportation Eligibility Policy. Attendance at a School other than the Designated School 3.3 A student may be directed to a school other than the designated school,in which case it is not considered a student transfer and transportation shall be provided in accordance -1-P.077.PLG with Policy P.068.TRA Student TransportationOSTA Transportation Eligibility Policy. This includes: a)placement in a specialized special education program; b)placement in an English-as-a-Second-Language (ESL/ELD)program; c)a suspension or expulsion or for safety reasons;and d)subject to successful application,a secondary student attending a system program such as,the Adaptive,Arts,International Baccalaureate,High Performance Athlete and Secondary Alternate program,Specialist High Skills Major (SHSM). 3.4 Where Early French Immersion is the program selected for a student,they he/she may attend Junior Kindergarten at either the designated school for the Regular English program or the designated school for the Early French Immersion program.In either case,transportation shall be provided. 3.5 A student shall be permitted to remain at the school they are currently attending for the remainder of the school year if,during the course of the school year: a)the student moves out of the attendance area of the current school,in which case the OCDSB shall not be responsible for providing transportation shall not be provided;or b)the student wishes to change programs at the current school,where a different school is his/her their designated for the newly chosen program. 3.6 Where a student plans to move out of the attendance area of a particular school after a school year has begun and the parent/guardian wishes the student to attend the designated school serving the new residence before the move takes place,the student may attend the designated school serving the new residence on presentation of proof of purchase or rental agreement for the new residence.The OCDSB shall not be responsible for providing Transportation shall not be provided until the student moves to the new residence,subject to eligibility under OSTA Transportation Eligibility PolicyPolicy P.068.TRA Student Transportation. 3.7 In all other circumstances,application must be made for a student transfer to a non-designated school through the student transfer process. Student Transfer 3.8 A parent/guardian or an Adult Student a student (if 18 years of age or older)may apply for a student transfer for a student to attend a school other than the designated school. 3.9 The regular student transfer application period for each school year shall be determined and published annually by 1 December of the preceding school year. 3.10 Student transfer caps shall be established each year prior to the regular student transfer application period to identify the maximum number of student transfer requests that could be approved for the receiving school following the regular application period. -2 -P.077.PLG 3.11 Student transfer requests received during the regular application period shall be approved by the receiving principal,in consultation with the sending principal(s)within the limitations of the student transfer cap and subject to the following criteria: a)Elementary Student Transfer (i)particular learning needs of/or requirements placed on the student,which cannot reasonably be met by the home school;and/or (ii)exceptional personal circumstances. b)Secondary Student Transfer (i)particular learning needs of/or requirements placed on the student ,which cannot reasonably be met by the home school;and/or (ii)access to a course package that is not available at the student’s designated school and is a prerequisite for pursuing a post secondary pathway,including a transfer at the Grade 9 level to access a course package at the receiving school that does not commence until Grade 10; and/or (iii)exceptional personal circumstances. 3.12 To aid in the evaluation of an application,the receiving principal may request evidence and reasoning in support of the transfer application. 3.13 The Board reserves the right to restrict student transfers in certain special circumstances,for example,where restricting student transfers offers a reasonable and necessary short-term solution to a program viability issue or other such issue at a sending school. 3.14 The Board reserves the right to restrict student transfers,where necessary,during the first year in which a new school attendance boundary is in effect. 3.15 During the phased implementation of Full-Day Early Learning Kindergarten,student transfers for Junior Kindergarten and Senior Kindergarten shall not be allowed into schools where the new program has been established,unless the transfer is from one Full-Day Early Learning Kindergarten site to another. 3.16 The OCDSB shall not be responsible for providing transportation when a student transfer is granted.Transportation is the responsibility of the applicant when a student transfer is granted.On the recommendation of the receiving principal and at the discretion of the Superintendent of Instruction responsible for the receiving school, however,transportation may be provided where possible in response to the exceptional circumstances of a student. 3.17 A student who has transferred into a non-designated school may remain at that school until the most senior grade offered in the school has been completed,except in the following circumstances defined under the associated procedures. a)Should a student be discovered to be attending a school other than the designated school by virtue of false information having been provided to the OCDSB on the student’s behalf,the student shall be required to move to the designated school at the earliest possible time that will not unduly jeopardize the completion of courses already begun (e.g.,early in the current school year or semester,at the end of the current semester (secondary),at the end of the current school year (elementary)). -3 -P.077.PLG b)Where a student transfer has been approved on the basis of meeting one or more of the criteria listed in Section 3.3 (d)3.14 of this policy,and where the student,before completing two years of attendance at the receiving school, ceases to meet the criteria upon which the student transfer approval was based, the student shall be required to return to the designated school the following year,except on the recommendation of the principal of the receiving school and the approval of the Superintendent of Instruction responsible for the receiving school,the student may be allowed to remain at the receiving school. (i)Where a student transfer has been approved to allow a secondary student to transfer at the Grade 9 level to access a course package that does not commence until Grade 10,the student shall be required to return to the designated school the following year if: (A)upon completion of Grade 9,the student opted not to choose the course package upon which the transfer approval was based;or (B)prior to the end of Grade 10,the student opted to withdraw from the course package upon which the transfer approval was based. 3.18 Except on the recommendation of the principal of the receiving school and the approval of the Superintendent of Instruction responsible for the receiving school,the student may be allowed to remain at the receiving school. 4.0 SPECIFIC DIRECTIVES Student Transfer Caps 4.1 Student transfer caps shall be established each year prior to the regular student transfer application period by the Superintendent responsible for Planning,to identify the maximum number of student transfer requests that could be approved for the receiving school following during the regular application period. 4.2 For an elementary school,the student transfer cap shall be calculated as 95%of planning capacity (excluding portables)less the number of students expected for the following school year.For a secondary school,the student transfer cap shall be calculated as 100%of planning capacity (excluding portables)less the number of students expected for the following school year. 4.3 A school’s student transfer cap for the following school year may be increased over the number calculated in accordance with Section 3.23 with the consent of the Executive Superintendent. 4.4 The Superintendent responsible for Planning,in consultation with the principal and Superintendent of Instruction responsible for the school,may determine,in light of anticipated multi year growth at a school due to program or boundary changes,or expected increased volatility and uncertainty of enrolment projections,that the student transfer cap for a school during a particular period should be less than that calculated in accordance with section 4.1 (b)3.23.In such a case the school student transfer cap may be decreased,including to a cap of zero,below the number calculated in accordance with section 4.1 (b)3.23 by only as much as required to address the circumstances. -4 -P.077.PLG 4.5 The Board shall be informed of modifications to student transfer caps under Sections 3.24 and 3.25 of this policy. Review of Late or Refused Transfer Requests 4.6 Any late transfer requests received after the regular student transfer application period and/or any student transfer requests received during the regular application period that were refused,and continue to meet the criteria as outlined in the Student Transfer section of the policy,may be reviewed by the receiving principal,in consultation with the sending principal(s),in June and again in September,to determine whether any additional transfer approvals are possible within the approved staffing arrangements at receiving and sending schools,and fall within the receiving school’s transfer cap.Any additional transfer approvals shall be subject to there being no changes to the approved staffing allocations at receiving or sending schools or to the approved accommodation arrangements at receiving schools. Appeals 4.7 Where a request for a student transfer has not been granted,an appeal may be made by the parent/guardian,or by the student if 18 years of age or older Adult Student,by writing to the principal of the receiving school.Receiving principals,in consultation with the Superintendent of Instruction responsible for the receiving school,shall have the discretion to approve a student transfer in response to student need in light of very exceptional personal circumstances. 4.8 Where a request for a student transfer is not granted following an appeal to the principal of the receiving school,the parent/guardian or the Adult Student may make a final appeal to the Superintendent of Instruction responsible for the receiving school who has the discretion to approve a student transfer in response to student need in light of Exceptional Personal Circumstances. 4.9 Where a request for a student transfer is not granted on appeal to the principal under Section 4.3 (a)of this policy,a final appeal may be made to a panel of trustees as outlined in Policy P.126.SCO Appeals Hearing Panel (Student Transfer). Implementation 4.10 The Director of Education is authorized to issue such procedures as may be necessary to implement this policy. 5.0 APPENDICES Appendix A:Policy Definitions 6.0 REFERENCES Education Act Ontarians with Disabilities Act,2001 OCDSB Policy P.026.SCO:Student Suspension and Expulsion OCDSB Policy P.126.SCO:Appeals Hearing Panel (Students Transfers) OCDSB Policy P.076.PLG:Pupil Accommodation OCDSB Policy P.068.TRA:Student Transportation OCDSB Policy P.127.TRA:Ottawa Student Transportation Authority -5 -P.077.PLG OCDSB Policy P.088.FIN:Admission of Students to Schools OCDSB Procedure PR.664.SCO:Appeals Hearing Panel (Students Transfers) OCDSB Procedure PR.515.SCO:Student Suspension and Expulsion OCDSB Procedure PR.528.SCO:Critical Incident Review Process OCDSB Procedure PR.567.PLG:Pupil Accommodation OCDSB Procedure PR.556.TRA:Student Transportation OCDSB Procedure PR.568.PLG:Designated Schools/Student Transfers -Elementary OCDSB Procedure PR.569.PLG:Designated Schools/Student Transfers -Secondary OCDSB Procedure PR.601.FIN:Admission of Students to Schools OSTA Transportation Eligibility Policy -6 -P.077.PLG APPENDIX A:POLICY DEFINITIONS In this policy, Adult Student means a student who is 18 years or older or 16 or 17 and has removed him/herself from parental control. Board means the Board of Trustees. Course package is a sequential series of three courses at different grade levels,originating from the same Ministry of Education guidelines,and commencing at Grade 9 or Grade 10. The student's designated school is a school which the student would be eligible to attend by reason of: a)the place of residence of the student’s parents/guardians or,in the case of an Adult Student student 18 years of age or older,the student's residence;and b)the location of educational programs mandated under the Education Act and the associated Board-mandated delivery options. District means the Ottawa-Carleton District School Board. Exceptional Personal Circumstances means unforeseeable or unpreventable events or circumstances beyond a student’s control,which have a negative impact on their academic performance. The receiving school is the school to which the student has requested a transfer. The receiving school principal is the principal of the receiving school. The sending school is the school the student would be expected to attend if the requested transfer is denied. The sending school principal(s)is the principal of the designated school and the principal of the sending school if different from the designated school. A student transfer is required when a student wishes to attend a school other than their designated school,except as provided in the Student Transfer section 3.2 of this policy. The student transfer cap is the maximum number of student transfers a school is authorized to accept. Transfer capacity represents the amount of space available at a particular school for instructional purposes,and includes the loading of space associated with Relocatable Classroom Modules (RCMs),leased facilities and space,new schools,additions and renovations.Portable classrooms are not loaded and are not included in transfer capacity and shall not be included in the annual calculation of transfer caps. -7 -P.077.PLG -1- P.077.PLG POLICY P.077.PLG TITLE: DESIGNATED SCHOOLS/STUDENT TRANSFERS Date Issued: February 1999 Last Revised: 14 December 2010 Authorization: Board: 01 February 1999 1.0 PURPOSE To establish that students are designated to attend only certain schools as determined by geographic and programming considerations, and to define circumstances under which a student may attend a school other than the designated school. 2.0 DEFINITIONS In this policy, 2.1 A "student transfer" is required when a student wishes to attend a school other than his or her designated school, except as provided in section 3.2 of this policy. 2.2 The student's “designated school" is a school which the student would be eligible to attend by reason of: a) the place of residence of the student’s parents/guardians or, in the case of a student 18 years of age or older, the student's residence; and b) the location of educational programs mandated under the Education Act and the associated Board-mandated delivery options. 2.3 The "sending school" is the school the student would be expected to attend if the requested transfer is denied. 2.4 The “sending school principal(s)” is the principal of the designated school and the principal of the sending school if different from the designated school. 2.5 The "receiving school" is the school to which the student has requested a transfer. 2.6 The "receiving school principal" is the principal of the receiving school. 2.7 The "student transfer cap" is the maximum number of student transfers a school is authorized to accept. - 2 - P.077.PLG 2.8 “Transfer capacity” represents the amount of space available at a particular school for instructional purposes, and includes the loading of space associated with Relocatable Classroom Modules (RCMs), leased facilities and space, new schools, additions and renovations. Portable classrooms are not loaded and are not included in transfer capacity and shall not be included in the annual calculation of transfer caps. 2.9 A “course package” is a sequential series of three courses at different grade levels, originating from the same Ministry of Education guidelines, and commencing at Grade 9 or Grade 10. 3.0 POLICY 3.1 Designated Schools a) In accordance with Section 171(1), par.7 of the Education Act, the Board shall establish geographic attendance boundaries for each elementary and secondary school, thereby creating designated schools with reference to grade and program. b) Except as provided elsewhere in this policy, a student shall attend the school within the boundary of which he/she resides which offers the program selected by that student and his/her parents/guardians, with transportation provided in accordance with Policy P.068.TRA Student Transportation. 3.2 Attendance at a School other than the Designated School a) A student may be directed to a school other than the designated school as a result of placement in a specialized special education program, with transportation provided in accordance with Policy P.068.TRA Student Transportation. b) A student may be directed to a school other than the designated school as a result of placement in an English-as-a-Second-Language (ESL/ELD) program, with transportation provided in accordance with Policy P.068.TRA Student Transportation. c) A student may be directed to a school other than the designated school as a result of a suspension or expulsion, with transportation provided in accordance with Policy P.068.TRA Student Transportation. (Reference: Safe Schools Procedure PR.521.SCO) d) Where Early French Immersion is the program selected for a student, he/she may attend Junior Kindergarten at either the designated school for the Regular English program or the designated school for the Early French Immersion program. In either case, transportation shall be provided. e) Subject to successful application, a secondary student may attend a system program such as the Adaptive, Arts, International Baccalaureate, High Performance Athlete and Secondary Alternate program with transportation provided in accordance with Policy P.068.TRA Student Transportation. - 3 - P.077.PLG f) A student shall be permitted to remain at the school he or she is currently attending for the remainder of the school year if, during the course of the school year: (i) the student moves out of the attendance area of the current school, in which case the OCDSB shall not be responsible for providing transportation; or (ii) the student wishes to change programs at the current school, where a different school is his/her designated for the newly chosen program. g) Where a student plans to move out of the attendance area of a particular school after a school year has begun and the parent/guardian wishes the student to attend the designated school serving the new residence before the move takes place, the student may attend the designated school serving the new residence on presentation of proof of purchase or rental agreement for the new residence. The OCDSB shall not be responsible for providing transportation until the student moves to the new residence, subject to eligibility under Policy P.068.TRA Student Transportation. h) In all other circumstances, application must be made for a student transfer to a non-designated school through the student transfer process. 3.3 Student Transfer a) A parent/guardian or a student (if 18 years of age or older) may apply for a student transfer for a student to attend a school other than the designated school. b) The regular student transfer application period for each school year shall be determined and published annually by 1 December of the preceding school year. c) Student transfer caps shall be established each year prior to the regular student transfer application period to identify the maximum number of student transfer requests that could be approved for the receiving school following the regular application period. d) Student transfer requests received during the regular application period shall be approved by the receiving principal, in consultation with the sending principal(s) within the limitations of the student transfer cap and subject to the following criteria: Elementary Student Transfer (i) particular learning needs of or requirements placed on the student; and/or (ii) exceptional personal circumstances. Secondary Student Transfer (i) particular learning needs of or requirements placed on the student; and/or (ii) access to a course package that is not available at the student’s designated school, including transfer at the Grade 9 level to access a course package at the receiving school that does not commence until Grade 10; and/or (iii) exceptional personal circumstances. e) To aid in the evaluation of an application, the receiving principa l may request evidence and reasoning in support of the transfer application. - 4 - P.077.PLG f) The Board reserves the right to restrict student transfers in certain special circumstances, for example, where restricting student transfers offers a reasonable and necessary short-term solution to a program viability issue or other such issue at a sending school. g) The Board reserves the right to restrict student transfers, where necessary, during the first year in which a new school attendance boundary is in effect. h) During the phased implementation of Full-Day Early Learning Kindergarten, student transfers for Junior Kindergarten and Senior Kindergarten shall not be allowed into schools where the new program has been established, unless the transfer is from one Full-Day Early Learning Kindergarten site to another. i) The OCDSB shall not be responsible for providing transportation when a student transfer is granted. Transportation is the responsibility of the applicant. On the recommendation of the receiving principal and at the d iscretion of the Superintendent of Instruction responsible for the receiving school, however, transportation may be provided where possible in response to the exceptional circumstances of a student. j) A student who has transferred into a non-designated school may remain at that school until the most senior grade offered in the school has been completed, except in the following circumstances: (i) Should a student be discovered to be attending a school other than the designated school by virtue of false information having been provided to the OCDSB on the student’s behalf, the student shall be required to move to the designated school at the earliest possible time that will not unduly jeopardize the completion of courses already begun (e.g., early in the current school year or semester, at the end of the current semester (secondary), at the end of the current school year (elementary)). (ii) Where a student transfer has been approved on the basis of meeting one or more of the criteria listed in Section 3.3 (d) of this policy, and where the student, before completing two years of attendance at the receiving school, ceases to meet the criteria upon which the student transfer approval was based, the student shall be required to return to the designated school the following year, except on the recommendation of the principal of the receiving school and the approval of the Superintendent of Instruction responsible for the receiving school, the student may be allowed to remain at the receiving school. (iii) Where a student transfer has been approved to allow a secondary student to transfer at the Grade 9 level to access a course package that does not commence until Grade 10, the student shall be required to return to the designated school the following year if: (A) upon completion of Grade 9, the student opted not to choose the course package upon which the transfer approval was based; or (B) prior to the end of Grade 10, the student opted to withdraw from the course package upon which the transfer approval was based. except on the recommendation of the principal of the receiving school and the approval of the Superintendent of Instruction responsible for the - 5 - P.077.PLG receiving school, the student may be allowed to remain at the receiving school. 4.0 SPECIFIC DIRECTIVES 4.1 Student Transfer Caps a) Student transfer caps shall be established each year prior to the regular student transfer application period by the Superintendent responsible for Planning, to identify the maximum number of student transfer requests that could be approved for the receiving school following the regular application period. b) For an elementary school, the student transfer cap shall be calculated as 95% of planning capacity (excluding portables) less the number of students expected for the following school year. For a secondary school, th e student transfer cap shall be calculated as 100% of planning capacity (excluding portables) less the number of students expected for the following school year. c) A school’s student transfer cap for the following school year may be increased over the number calculated in accordance with Section 4.1 (b) with the consent of the Executive Superintendent. d) The Superintendent responsible for Planning, in consultation with the principal and Superintendent of Instruction responsible for the school, may determine, in light of anticipated multi year growth at a school due to program or boundary changes, or expected increased volatility and uncertainty of enrolment projections, that the student transfer cap for a school during a particular period should be less than that calculated in accordance with section 4.1 (b). In such a case the school student transfer cap may be decreased, including to a cap of zero, below the number calculated in accordance with section 4.1 (b) by only as much as required to address the circumstances. e) The Board shall be informed of modifications to student transfer caps under Sections 4.1 (c) and 4.1 (d) of this policy. 4.2 Review of Late or Refused Transfer Requests Any late transfer requests received after the regular student transfer application period and/or any student transfer requests received during the regular application period that were refused, and continue to meet the criteria as outlined in section 3.3 of the policy, may be reviewed by the receiving principal, in consultation with the sending principal(s), in June and again in September, to determine whether any additional transfer approvals are possible within the approved staffing arrangements at receiving and sending schools, and fall within the receiving school’s transfer cap. Any additional transfer approvals shall be subject to there being no changes to the approved staffing allocations at receiving or sending schools or to the approved accommodation arrangements at receiving schools. 4.3 Appeals a) Where a request for a student transfer has not been granted, an appeal may be made by the parent/guardian, or by the student if 18 years of age or older, by writing to the principal of the receiving school. Receiving principals, in consultation with the Superintendent of Instruction responsible for the receiving - 6 - P.077.PLG school, shall have the discretion to approve a student transfer in response to student need in light of very exceptional personal circumstances. b) Where a request for a student transfer is not granted on appeal to the princi pal under Section 4.3 (a) of this policy, a final appeal may be made to a panel of trustees as outlined in Policy P.126.SCO Appeals Hearing Panel (Student Transfer). 4.4 Implementation The Director of Education is authorized to issue such procedures as may be necessary to implement this policy. 5.0 REFERENCES Ontarians with Disabilities Act, 2001 Board Policy P.026.SCO: Student Expulsion Board Policy P.126.SCO: Appeals Hearing Panel (Student Transfers) Board Policy P.076.PLG: Pupil Accommodation Board Policy P.068.TRA: Student Transportation Board Policy P.088.FIN: Admission of Students to Schools Board Procedure PR.664.SCO: Appeals Hearing Panel (Student Transfers) Board Procedure PR.515.SCO: Student Expulsion Board Procedure PR.528.SCO: Critical Incident Review Process Board Procedure PR.567.PLG: Pupil Accommodation Board Procedure PR.556.TRA: Student Transportation Board Procedure PR.568.PLG: Designated Schools/Student Transfers - Elementary Board Procedure PR.569.PLG: Designated Schools/Student Transfers – Secondary Board Procedure PR.601.FIN: Admission of Students to Schools