In general, a child cannot be transferred from his or her school without the parent’s permission even if a child is suspended from that school.

On this page: Transfers to another school | Transfers to a GED or alternative program | Discharging a student | Students with disabilities | Get help

Transfers to another school

The principal at your child's school may request an "involuntary" transfer (a transfer without your permission) if he or she believes your child is not benefiting from the school. An involuntary transfer for this reason should only be done as a last resort and only after the school has exhausted all means to help the child better adjust through supportive services, including extra counseling and academic help. If, after providing services, the school still wants to go ahead with the transfer, the principal must request approval from the suspension director of your borough’s Integrated Service Center. If the suspension director approves the request, he or she must notify the parent of the right to request a hearing to contest the involuntary transfer. Parents have ten days to request a hearing. See Chancellor's Regulation A-450 for more information about involuntary transfers.

Another ground for an involuntary transfer is when it’s discovered that a child enrolled in a school based upon a falsified address. If the child’s real address doesn’t fall within the school’s catchment area, the principal can arrange, after giving written notice to the parent, to have the child transferred to his or her zoned school. See Chancellor’s Regulation A-101 for more information.

Transfers to a GED or alternative program

Sometimes school administrators will encourage a child who is too old or does not have enough credits to go to school to “transfer” to a GED program, a “transfer alternative” school that caters to older students, or a Young Adult Borough Center that offers evening academic programs for older students.

Discharging a student

It is wrong for a school to discharge a student when the student or parent objects. And it’s illegal for a school to discharge a student between the ages of 17 and 21 without parental consent and appropriate exit interview procedures. Schools are supposed to notify students and their parents of the right to attend school until the age of 21. The rules for when a student can be discharged are contained in state law and in Chancellor’s Regulation A-240.

Students with disabilities
Children with disabilities have the right to stop an involuntary transfer to another site by using "due process," a set of rights that include mediation, a hearing, or an appeal. If you invoke due process, your child cannot be moved from his school or class until the entire matter is resolved. For more information about special education, see our special education page.

Get Help

If you having a problem with your child being transferred or discharged from his or her school, try calling the Advocates for Children helpline at (866) 427-6033 for advice.