Transferring your child from one school to another is tough. But it's often worth the effort - particularly if your child's safety or health is at risk. You are sure to encounter more bewildering rules than you would like - and still get no guarantee of a transfer. There are ways to accomplish what you want, however. So be polite, but persistent. A bit of practical advice: If you are dealing with a regional office, always get the name and telephone extension of the person you talk to.

On this page: Safety transfers | Non-special education transfers | Special education (IEP) transfers | Involuntary transfers (with IEP)

Safety transfers

Under local policy (Chancellor's Regulation A-449) and the federal No Child Left Behind Act (NCLB), if there is clear evidence that your child is the victim of a violent criminal offense on school property or that your student's continued presence in the school is unsafe for him or her, you may request a safety transfer to another school — even in the middle of the year. The hitch is what constitutes "clear evidence." In the past, a police report of an assault at or near the school usually sufficed. Now, Department of Education officials often say that is not enough. Parents need to gather as much documented evidence as possible. That means you should take notes describing incidents and recording when they occur. If there are any witnesses, take their names and their statements.

Safety Transfers under the No Child Left Behind Act (NCLB)

In accordance with NCLB, a student who is the victim of a violent criminal offense on school property must be notified of their right to transfer. See Chancellor's Regulation A-449 for more information on what constitutes a "violent criminal offense." When an incident is reported, the principal must conduct a full investigation and notify the New York Police Department (NYPD), the district safety administrator, the Emergency Information Center (EIC) (718-935-3210) and the student's parents.

If it is determined by the NYPD and the Safety Administrator that there is reason to believe that the student was the victim of a violent criminal offense on school property, the student is entitled to transfer and parents must be provided with a transfer site within ten calendar days of the determination. The Office of Student Enrollment Planning and Operations (OSEPO) is the office in charge of handing all transfers.

Other Safety Transfers

Safety transfers are also available if the student's parent has requested such a transfer and it has been determined that the student's continued presence in the school is unsafe for the student. If the safety incident occurs in school, the principal is required to make a full investigation of the incident, prepare an occurrence report, obtain statements from the parties and witness involved, and take appropriate disciplinary action in accordance with Chancellor's Regulation A-412 and A-443. In addition, if the request involves criminal behaviors — whether in school or out of school — the principal will most likely ask the student for a copy of the police report. Within 48 hours of a parent request, the principal must make a recommendation to the borough enrollment director.

If your child has been a victim or if she feels in danger even though no assault has occurred, she should speak with her guidance counselor or the school's assistant principal (AP) of guidance. Also, the child's parent or guardian should meet with the principal or his or her designee as soon as possible to discuss the possibility of a transfer. Many materials will be required for a student to transfer including the police report and the school occurrence report, as well as, immunization records, the student's transcript, program card and current report card, and a copy of the student's Individualized Education Program (IEP), if the student as a disability.

*NOTE* An application for a safety transfer is considered an emergency and so a student will often be assigned to any reasonably nearby school that has space. Turning this assignment down could jeopardize the transfer. In some situations, this will be fine. In others, it may turn out that the assigned school isn't a big improvement over the current school, or that the student or parent has some specific ideas about where she'd like to go. It is a good idea for the student to bring a list of schools she would like to attend, but there's little guarantee that this will be taken into account. For this reason, it is sometimes preferable for a student to apply for a regular transfer, rather than a safety transfer. This is something that the student and parent should talk over. If a safety transfer is requested, it may take time for the placement officer to find out if there is space, but the parent and student should not leave without a sense of how long.

For more information about security in schools, click here.
BACK TO TOP

Non-special education health/medical transfers

A child with a disability (medical condition) who does not have an IEP is nevertheless entitled to educational services and accommodations under federal and state law. A child who suffers from severe asthma, for example, might need air-controlling equipment unavailable in his or her school, but found in other schools. Thus, if a child with a disability is in need of a particular type of school environment, he is likely to be entitled to that program. For more information about what schools must provide for students, click here.

If there isn't a school in your district that fits your child's medical needs and you can prove that those needs exist, you likely have the right to attend an appropriate school out of district -- but it is difficult to invoke your child's rights. Your first step may be to inquire and request a transfer by letter. Many districts grant a transfer with little problem. However, if your requests are denied or delayed, you can and should invoke your federal rights to due process, which include a hearing.

If your child has a disability and you need a health transfer for reasons that relate to your child's disability, you can also request a transfer under "Section 504." This is part of a federal law that bans school districts from discriminating against students with disabilities and requires school districts to provide accommodations for those students so that they can fully participate in school. A possible accommodation for a child whose disability is affected by some aspect of the school (distance from home, air quality, etc) would be transfer to another school.

• To write a letter to your region about a problem transferring a child, go to our Speak Out section here.

Special education transfers (children with IEPs)

Involuntary transfers (children with IEPs)

For more information about special education, see our page on Special Education.

• If you have a problem transferring your child, write a letter from our Speak Out section here.

BACK TO TOP