D.C. Mun. Regs. tit. 5, r. 5-E2106

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-E2106 - OUT-OF-BOUNDARY TRANSFERS
2106.1

An adult student, an emancipated student, or a minor student attending a citywide program, including PK-3 or PK-4, or a school which does not serve the attendance zone for his or her place of residence shall be entitled to attend a school according to the regulations in this section. The regulations in this section shall not be interpreted to:

(a) Supersede a measure adopted by the Chancellor that is necessary to comply with Federal requirements related to the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., Title I of the Every Student Succeeds Act, 20 U.S.C. §§ 6301, et seq., or the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.; or
(b) Require the displacement of any student attending a D.C. public school pursuant to an out-of-boundary transfer at the time this section becomes effective.
2106.2

An adult student, an emancipated student, or a minor student's parent or guardian must apply through the common lottery program to attend a school for any of the following reasons:

(a) An adult student, emancipated student, or minor student's parent or guardian is seeking an out-of-boundary transfer because they prefer the requested school to their designated in-boundary school in grades K-12.
(b) A parent or guardian is seeking admission to a PK-3 or PK-4 program for their child.
(c) An adult student, emancipated student, or minor student's parent or guardian is applying for admission to a citywide or selective school as defined in §§ 2106.9 and 2106.10, respectively.
2106.3

Application in the common lottery must be made pursuant to § 2106.2 (b), even if admission is sought for the school that is within the attendance zone of the parent or guardian's residence. All PK-3 and PK-4 placements are determined through the common lottery.

2106.4

Applications for school selection transfers for the upcoming school year shall be submitted through the My School DC common lottery program's formal application. School year application dates will be publicized by My School DC no later than November 1st for the upcoming school year. Application dates will be publicized on the My School DC common lottery website in accordance with the common lottery program deadlines and release of results.

2106.5

In reviewing the request for school selection transfers, OSSE shall verify the preferences listed below and the common lottery program shall fairly administer a lottery, with the discretion to apply and prioritize the preferences to students for the following reasons:

(i) The student is enrolling at the designated in-boundary school of the parent or guardian's residence for PK-3 and PK-4 programs only.
(ii) The student's sibling will be attending the requested school in the requested year;
(iii) The student qualifies for proximity preference at the requested school as determined in accordance with § 2106.7.
(iv) The student is designated as "At-Risk" according to § 2106.8.
(v) The student is eligible to receive Early Head Start services and is currently receiving services from a service provider that is co- located in the school pursuant to an agreement with DCPS.
2106.6

The Chancellor shall have the sole discretion to authorize a "discretionary transfer", including terms of the approval of the transfer, when the Chancellor determines that the transfer would be in the best interests of the student and promotes the overall interests of the school system. The Chancellor's discretion shall be exercised only after all policies and processes elaborated upon in Chancellor's Directive #103, adopted on June 22, 2017 and Mayor's Order 2017-158 dated July 12, 2017, have been followed. These include, but are not limited to:

(a) No current or former public official may request a discretionary transfer from the Chancellor nor may the Chancellor authorize a discretionary transfer for a current or former public official.
(b) The Chancellor shall only consider a request for a discretionary transfer after a preliminary screening of the request and receiving a recommendation from an Advisory Committee to grant or deny the request.
(c) All requests for a Discretionary Transfer, including submitted documentation, shall be maintained as confidential education records and be maintained by DCPS according to its document retention schedule.
2106.7

DCPS provides a proximity preference through the common lottery to families who have been zoned for an elementary school that is more than a half-mile walking distance from their home. These families receive a proximity preference in the lottery at a DCPS elementary school with an attendance zone that is within a half-mile walking distance from their home.

2106.8

DCPS shall implement a preference in the common lottery for students that are "At-Risk" for academic failure as defined in 20 U.S.C. § 6472. Seats reserved for students who qualify for the "At-Risk" preference shall be made available in the common lottery. Beginning with the 2021-2022 school year, "At-Risk" seats will be located at Thaddeus Stevens Early Learning Center. Applications for -school selection transfers to an "At-Risk" slot for the upcoming school year shall be submitted through the common lottery program's formal application process.

2106.9

The Chancellor may designate a school as a citywide school. A citywide school is a school that does not have a boundary and therefore cannot be claimed as an in-boundary school. Admission to citywide schools is subject to the requirements of § 2106.2(c) and the preference described in § 2106.5 (ii).

2106.10

The Chancellor may designate a given school or program as a selective school or program. A selective school or program is a citywide school or program with specific eligibility criteria that requires application for admission. Selective schools or programs are subject to the requirements of § 2106.2(c) but are not subject to the preferences in § 2106.5.

2106.11

Each year, the Chancellor shall inform all DCPS students and parents of the availability of all DCPS selective schools and programs.

2106.12

Students applying to selective schools or programs must meet the specific criteria established for the schools or programs to which they are applying. Eligibility requirements shall be published and made publicly available.

2106.13

The number of lottery seats available shall be determined annually school-by-school through a standardized process set forth by the Chancellor or designee.

2106.14

A student who is admitted to a school pursuant to this Section shall be entitled to attend the school for the duration of their participation in the academic program except in the following circumstances:

(a) If the student is involuntarily transferred pursuant to §2107;
(b) If the student is admitted to a selective school or program and the student no longer meets the criteria established for the selective school or program; or
(c) If the student subsequently enrolls at their in-boundary school, or another school through the common lottery.
2106.15

A student who has been admitted to a school outside the attendance zone for his or her place of residence which has been designated as a feeder school by the Chancellor shall be entitled to attend the next-level school in the designated feeder pattern upon the student's completion of the program at the feeder school. Enrollment and attendance in the destination school must occur immediately following the completion of the terminal grade in the feeder school. If the student enrolls in a school other than the destination school, the student no longer retains the right to attend the destination school or subsequent schools in its feeder pattern.

2106.16

Parents shall be entitled to appeal the denial of eligibility for any of the selective transfer processes in this Section through the student grievance procedure set forth in § 2405 of this Title.

D.C. Mun. Regs. tit. 5, r. 5-E2106

Final Rulemaking published at 43 DCR 5777 (October 25, 1996); as amended by Final Rulemaking published at 50 DCR 1850 (February 28, 2003); as amended by Final Rulemaking published at 53 DCR 1542 (March 3, 2006); as amended by Final Rulemaking published at 53 DCR 9195 (November 10, 2006); as amended by Emergency and Proposed Rulemaking published at 57 DCR 146 (January 1, 2010)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 60 (January 6, 2012); as amended by Final Rulemaking published at 61 DCR 3831 (April 11, 2014); amended by Final Rulemaking published at 69 DCR 1540 (2/25/2022)
Authority: Section 103 of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-172(c) (2012 Supp.)), and Mayor's Order 2007-186, dated August 10, 2007.