Legal Question in Education Law in California

NCLB policy for schools not meeting AYP standards

My child attends a school that didn't meet AYP standards last year. We received a letter stating that we had the right to request

a transfer to a school w/in the distric that had met their AYP stds. I would like to request a specific school which I know has openings. Will my request based on the Federal Intervention Progarm policy be treated the same as other intra-district transfer requests that my district receives? Can my child be bumped from their spot after being accepted to the new AYP-conforming school if new ''neighborhood'' students arrive later in the year (the cutoff date in our district for being ''bumped'' is the end of Oct.)?

I asked the district and they said the NCLB act allows me to request a school that passed AYP standards. However, the district can decide exactly which of the qualifying schools to send my child to. And they said I'd be in the same boat as all the other intra-district transfer requests (kind of a ''get in line, and know you may be bumped even after your let in'' response).

Thank you for clarifying as soon as possible. Lots of change is happening district-wide, and clarity on this subject will be very helpful.


Asked on 9/05/07, 3:19 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: NCLB policy for schools not meeting AYP standards

Hello

Adequate Yearly Progress is a function of the No Child Left Behind program that was instutited federally in the last few years.

A school that "characteristically" meets the AYP standards is a luxury. Obtaining a transfer and retaining the transfer is a function of local school district policy.

Not knowing what District you are referring to I cannot adequately guess the standards nor further answer your problem. Speak to the School District AYP coordinator and get the answers directly. Any decisions can be made after that.

Sincerely,

Mark Mitchell Geyer

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Answered on 9/10/07, 3:06 pm


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