The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

5131 - STUDENT TRANSFERS AND CONTROLLED OPEN ENROLLMENT

Students in the regular school program (K-12) are assigned to attend school based on the actual residence of the parent and the attendance boundary of the school as approved by the School Board in accordance with Policy 5120, Student School Assignment and Attendance Boundary Committee. Students within the attendance boundaries may not be involuntarily displaced by any transfer under this policy. This policy governs all regular school transfers from one (1) school to another, except for transfers to magnet schools and programs that are subject to specific admissions requirements and/or random lotteries that are governed by Policy 2370, Magnet Programs/Schools.

Transfers may be made as follows:

 

A.

Transfers from one (1) school to another in the county shall be effective as of the close of school on a given day. Where feasible, this should coincide with the end of the grading period. The receiving school shall be responsible for the student's attendance as of the next school day. If a transferring student has not reported prior to the receipt of the computer generated Notice of Withdrawal/Transfer, the receiving school should notify their assigned school social worker.

     
 

B.

Transfers will not be processed during FTE weeks, or State-mandated assessments.

     
 

C.

Separate transfers shall be issued for each student.

     
 

D.

A student who requests and is eligible for a transfer may not be denied the transfer or have school records withheld because of unpaid fees, lost books, etc.

     
 

E.

When a student has been transferred to a school through an error by District administration and the student has been enrolled in the school for ninety (90) days, the student may elect to remain at the school or may return to the school to which s/he should have been originally assigned. If the transfer was based on fraudulent, false, or erroneous information provided to the school by the parent and/or student, the school may revoke the transfer and require that the student return to his/her previous school or to the appropriate school serving the area where the student resides. Anyone who knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his/her official duty is guilty of a second degree misdemeanor under F.S. 837.06. In addition, anyone who knowingly makes a false verified declaration is guilty of perjury, a third degree felony under F.S. 92.525.

     
 

F.

If a student does not enroll in the new school (to which the transfer has been granted) within ten (10) school days of the date of the District's approval of that transfer, that student's transfer will be revoked. Those transfers which were approved during the summer transfer period must be used during the first ten (10) days of the school year or they will be revoked.

     
 

G.

Transfers may be denied or revoked at any time due to poor attendance, tardiness, disruptive behavior which results in a significant loss of instructional time, or if information provided to the school by the parent and/or student for purposes of a transfer is discovered to be fraudulent, false, or erroneous. If the transfer is revoked, the student will be assigned to the school that serves the verifiable residence address.

     
 

H.

When an administrative transfer has been approved, transportation will not be provided to the requested school.

     
 

I.

These procedures shall not supersede admission procedures in programs/schools where admission is governed by other Board policies or processes (e.g. magnets).

     
 

J.

Where parents are divorced or separated, only the parent who enrolled the student may request to transfer or withdraw the student. The enrolling parent is responsible for providing information that is truthful, accurate, and consistent with the most recent court order governing their divorce, separation, or custody matters.

     
 

K.

The person transferring or withdrawing the student shall report in person to the school to transfer or withdraw the student.

Transfers may be granted as follows:

 

A.

The student resides with parent and a change of residence occurs placing the student in the attendance area of the school to which transfer is requested.

     
   

The parent shall secure the transfer from the sending school before being admitted to the new school. The parent shall apply for the transfer in person, and shall provide verification of the change of residence, including two (2) of the following items:

     
 

1.

brokerís or attorneyís statement of parentsí purchase of residence, or properly executed lease agreement;

     
 

2.

current Homestead Exemption card;

     
 

3.

electric deposit payment receipt or electric bill, bottom portion, showing name and service address. If an electric deposit payment receipt is used as verification, the electric bill, bottom portion, must also be submitted to the school within forty (40) calendar days after registration.

     
   

If the parent is unable to furnish the school with the requested electric deposit payment receipt, the student will be allowed to enroll in the new school, but must submit the electric bill, bottom portion, to the school within forty (40) calendar days. Failure to submit the electric bill, bottom portion, within forty (40) calendar days or inability of school to verify residence of student, will result in revocation of the transfer or the studentís reassignment to the previous school.

     
   

The receiving school shall secure verification of the change in residence within forty (40) calendar days of the student entering the school.

     
   

When a change of family residence occurs after ninety (90) school days in which a student is enrolled in a school which would place the student in a different attendance area, the student, upon the request of the parent, may complete the year in the present school. No transportation will be provided.

     
   

When a change of family residence occurs after ninety (90) days in which a student is enrolled in grades 11 through 12, or is enrolled in the last grade offered at a school, which would place the student in a different attendance area, the student, upon the request of the parent, may remain in the present school through graduation (for grades 11 through 12), or the last grade offered at the school. No transportation will be provided.

     
 

B.

Students with an Individual Education Plan (IEP) or 504 Plan requesting to attend a school other than the school in which the student is enrolled, must meet with the Region Special Education (SPED) personnel to ensure that the programmatic needs of the student can be met at the requested school.

     
 

C.

A parent may request a Parent Choice - Student Transfer. In this case, the Region Superintendent (or designated region director) may administratively assign or approve the reassignment or transfer of students when the Florida Inventory of School Houses (FISH) capacity of the receiving school is below 100%, the maximum number of students does not exceed the mandates of State law (F.S. 1003.03, Maximum Class Size), and the parent who requests a student transfer must:

     
 

1.

enroll the student in the school that serves the residence address before the request for transfer can be considered;

     
 

2.

complete a Parent Choice - Student Transfer form, FM-3281, at the home school;

     
 

3.

obtain the signature on the Parent Choice - Student Transfer form, FM-3281, of the Principal or designated administrator with whom the parent met; and

     
 

4.

submit the Parent Choice - Student Transfer form, FM-3281, to the appropriate Region for processing.

Administrative Transfers

 

A.

Working Parent Hardship Transfer

     
 

1.

The parent of a kindergarten through eighth grade student of a one (1) parent or one (1) guardian family unit who is employed, or a family where both parents or guardians are employed, requests a transfer on the basis that the normal school assignment presents a hardship involving before or after-school supervision. The request shall be in the form of a signed statement from the employer(s) verifying the parentís/guardianís employment, work address, telephone number, working hours; a signed statement from the caregiver verifying the hours the student is cared for as well as the address and telephone number of the caregiver; and any other pertinent information setting forth the nature of the circumstances producing the hardship.

     
 

2.

This type of transfer must be reviewed annually through the Region serving the assigned school. These transfers should not exceed the assigned percentage of FISH school capacity for the current school year.

     
 

B.

Medical/Psychological Transfer

     
 

1.

The parent presents a written statement with supporting professional evidence on the Medical Recommendation for Student Transfer form, FM-1713, to the effect that a health hardship and/or emotional problems exist that will be exacerbated if the student remains in the school that serves his/her residence address, and will be alleviated at the requested school. This type of transfer must be initially discussed with the Principal in an attempt to resolve any possible issues at that school and, if needed, the parent will submit the transfer form to the Region. The Region will submit the completed Parent Choice - Student Transfer form, FM-3281, and the Medical Recommendation for Student Transfer form, FM-1713, to the Federal and State Compliance Office. The Review Team for Medical/Psychological Transfers will review the evidence and will approve/deny the transfer request. The decision of the Review Team is final and no appeals will be permitted.

     
 

2.

Best Interest Transfer: An administrative assignment is deemed necessary by the Region Superintendent and in the best interest of the student and the school.

     
 

C.

Out-of-County Transfer

     
 

1.

The parent who requests a student transfer to another county, but continues to reside in Miami-Dade County, must:

     
 

a.

enroll the student in the school that serves his/her residence address;

     
 

b.

complete the Out-of-County Transfer Request form, FM-7374 provided by the Federal and State Compliance Office; and

     
 

c.

submit the form to the Federal and State Compliance Office, who will review the application and transmit it to the requested county.

     
 

2.

The parent who requests a student transfer into a District school, but lives in another county, must:

     
 

a.

follow the procedures in the residence county and complete an Out-of-County transfer request from that county; and

     
 

b.

receive a letter of approval/denial from the Federal and State Compliance Office;

     
   

Upon receipt of the transfer information from the other county the Federal and State Compliance Office reviews the application and FISH capacity of the requested school. The determination will be based upon whether or not the receiving school is below 100% capacity and the maximum number of students does not exceed the mandates of State law (F.S. 1003.03, Maximum Class Size).

     
 

c.

The parent is notified of the approval/denial in writing by the Federal and State Compliance Office. If approved, the parent withdraws the student from the school in the residence county, enrolls the student in the District (provides the approval letter to the schoolís registrar), and is responsible for transportation. If denied, there is no appeal process since the student is not a Miami-Dade County resident and the District is not obligated to educate the student.

     
 

3.

Out-of-county transfer requests to a magnet school or program must follow the procedures outlined in Policy 2370, Magnet Programs/Schools. The letter of acceptance to the magnet school or program must accompany the out-of-county transfer request.

     
 

D.

Capacity Transfer: The Region Superintendent has determined that students will be more adequately housed by transfer or reassignment to a school other than that which they would normally attend due to school capping.

     
 

E.

Disciplinary Transfer: A student has been suspended, expelled, or under the jurisdiction of the courts, or in a similar situation, and the Region Superintendent determines that an assignment to a school other than the normal school assignment would be in the best interest of the student and the school system.

     
 

F.

Professional Courtesy Transfer

     
   

District permanent employees in the UTD bargaining unit may use student transfers according to Article XXI, Section 2, Employee Rights, C. Family Relationships of the District/UTD collective bargaining agreement which reads in part:

     
   

Employees who wish to enroll their children at the same worksite where they are employed shall not be prohibited from doing so, subject to the approval of the Region Superintendent, and when the District employee:

     
 

1.

enrolls the nondistrict student in the school that serves the resident address;

     
 

2.

completes a Parent Choice - Student Transfer form, FM-3281, at that school; and

     
 

3.

submits the Parent Choice - Student Transfer form, FM-3281, to the appropriate Region for processing.

     
 

G.

Charter School Transfers

     
 

1.

The parent who requests a student transfer to a charter school must enroll the non District student in the school that serves the residence address.

     
 

2.

Complete a Charter Schools - Transfer form, FM-7281, at the home school.

For those administrative assignments or reassignments approved by the Region Superintendent at the request of the parent where school bus transportation is not authorized by Board policies, the parent must agree to provide transportation to and from the new school assignment at reasonable hours. If the parent is unable to provide transportation within thirty (30) minutes prior to the opening, and within thirty (30) minutes after the closing time of school, the principal may recommend to the Region Superintendent that the assignment be revoked and the student be returned to the school serving the parent's residence address.

When a transfer is requested which would result in a change in administrative regions, it shall be the responsibility of the Region Superintendent of the studentís home school to consult with the Region Superintendent of the requested school. The two (2) region superintendents must be in agreement to affect the transfer. If an agreement is not reached, the matter will be referred to the Superintendent.

Appeal Process

A parent may appeal the decision to deny or approve the administrative assignment, reassignment, or transfer of a student as follows:

 

A.

Appeal Level I to the Region Superintendent; and

     
 

B.

Appeal Level II to the Administrative Director, Federal, and State Compliance Office as the Superintendentís designee and whose decision is final.

Opportunity Scholarship Program

 

A.

Eligibility

     
   

A parent may request and receive an Opportunity Scholarship Program transfer, if:

     
 

1.

by assigned school attendance area or by special assignment, the student has spent the prior school year in attendance at a public school that has been designated as earning a grade "F" or three (3) consecutive "Ds" based on the Statewide assessments conducted pursuant to F.S. 1008.22;

     
 

2.

the student has been in attendance elsewhere in the District and has been assigned for the next school year, to a school designated as earning a grade of "F" or three (3) consecutive "Ds" based on the Statewide assessments conducted pursuant to F.S. 1008.22.

     
 

3.

The student is entering kindergarten or first grade and has been assigned to such school for the next school year.

     
 

B.

District Obligations

     
   

Transfers may be revoked at any time due to poor attendance or tardiness which results in a significant loss of instructional time, or if information provided to the school by the parent and/or student for purposes of a transfer is discovered to be fraudulent, false, or erroneous. If the transfer is revoked, the student will be assigned to the school that serves the verifiable residence address.

     
 

1.

For each student enrolled in or assigned to a school that has been designated as performance grade category "F" or three (3) consecutive "Ds" based on the Statewide assessment conducted pursuant to F.S. 1008.22, the District shall:

     
 

a.

timely notify the parent of all options available under the statute;

     
 

b.

offer the parent an opportunity to enroll the student in a school located within the geographic transportation service zone designated to serve the studentís residence school;

     
   

The designated school must have a performance grade of "C" or better.

     
 

c.

provide transportation to each student who is eligible for an Opportunity Scholarship transfer to a school within the geographic transportation service zone that serves the eligible residence school if the student resides more than two (2) miles from the selected District school; and

     
 

d.

provide each eligible student with an opportunity to continue attending this higher performing school until the student reaches the highest grade serviced by the school.

     
 

2.

Designate an eligible school or schools based on the Florida Inventory of School Houses (FISH) capacity below 100% and the maximum number of students does not exceed the mandates of State law (F.S. 1003.03, Maximum Class Size) to accommodate the transfer requests. If no higher performing schools in the geographic transportation service zone are available, the Deputy Superintendent/Chief Operating Officer, will identify eligible schools.

     
 

C.

Application Process

     
 

1.

A parent of an eligible student will receive an Opportunity Scholarship Program Public School Application, FM-6042, and instructions.

     
 

2.

The parent will submit a completed application form within the designated time frame.

     
 

3.

The parent will select from a District approved list of eligible schools.

     
 

4.

District staff will verify student eligibility for the transfer.

     
 

5.

District staff will advise the parent of the status of the transfer request.

     
 

D.

Appeal Process

     
   

A parent may appeal the decision to deny or approve the administrative assignment, reassignment, or transfer of a student as follows:

     
 

1.

Appeal Level I to the Region Superintendent;

     
 

2.

Appeal Level II to the Administrative Director, Federal, and State Compliance Office as the Superintendentís designee and whose decision is final.

John M. McKay Scholarship Program Transfer

 

A.

Eligibility

     
   

A parent may request and receive a John M. McKay Scholarships for Students with Disabilities Program transfer pursuant to F.S. 1002.39, if:

     
 

1.

the student has been reported the preceding October and February FEFP surveys in a Florida public school and will be in grades PK-12; and

     
 

2.

the student is a student with a disability for whom an individual educational plan (IEP) or 504 Plan has been written.

     
 

B.

District Obligations

     
   

Transfers may be denied or revoked at any time due to poor attendance or tardiness which results in a significant loss of instructional time, (unless the studentís absence is a manifestation of their disability) or if information provided to the school by the parent and/or student for purposes of a transfer is discovered to be fraudulent, false or erroneous. If the transfer is revoked, the student will be assigned to the school that serves the verifiable residence address.

     
   

For each student who meets the eligibility requirements of the John M. McKay Scholarships for Students with Disabilities Program, the District shall:

     
 

1.

notify the parent of all options available by April 1st of each year and within (10) days of the childís IEP or 504 Plan meeting;

     
 

2.

offer the studentís parent an opportunity to enroll the student in another public school that can appropriately provide the services written on the IEP or 504 Plan, the Florida Inventory of School Houses (FISH) capacity of the receiving school is below 100%, and the maximum number of students does not exceed statutory Class Size limits, to accommodate the transfer requests;

     
   

If schools cannot be identified based on these guidelines, the Deputy Superintendent/Chief Operating Officer, School Operations, will identify eligible schools.

     
 

3.

provide transportation to a public school selected by the parent within the scholarship transfer zone if the student resides more than two (2) miles from the selected public school;

     
 

4.

provide each eligible student with an opportunity to continue attending the public school chosen by the parent until the student completes the grade configuration of the school.

     
 

C.

Application Process

     
 

1.

The parent of an eligible student shall file intent to participate on www.floridaschoolchoice.org.

     
 

2.

The parent shall complete the McKay Scholarship Program for Students with Disabilities form, FM-6063 and submit the form to the Special Education (SPED) Center that serves the childís home school.

     
 

3.

SPED Center staff will verify student eligibility. Transfers will be approved based on program, class size and building capacity.

     
 

4.

SPED Center staff will advise the parent that the transfer has been approved or denied.

     
 

5.

If the requested school has been denied, SPED Center staff will offer alternate schools that have the appropriate SPED program.

     
   

Transfers will not be processed during FTE weeks and State-mandated assessments.

     
 

D.

Appeal Process

     
   

A parent may appeal the decision to deny or approve the transfer of a student as follows:

     
 

1.

Appeal Level I to the SPED Center Supervisor;

     
 

2.

Appeal Level II to the Administrative Director, Federal, and State Compliance Office as the Superintendentís designee and whose decision is final.

Athletic Eligibility

Athletic eligibility is governed by Policy 2431, Interscholastic Athletics.

Controlled Open Enrollment

Controlled open enrollment allows the School District to make K-12 school assignments using parents' indicated preferential educational choice in-county and out-of-county. This section of the policy does not apply to charter schools. Charter schools must adopt their own controlled open enrollment plan.

In addition to the many other public school choice options available, students residing in Miami-Dade County and any other school districts in the state of Florida have the opportunity to apply to a school outside their assigned attendance boundary school based on their home residence. Under F.S. 1002.31, students may seek enrollment in any school that has not reached permanent capacity, as further detailed below, and does not adversely affect the maximum class size restrictions under F.S. 1003.03 as well as other planning considerations such as anticipated enrollment growth and pending or planned boundary changes.

Controlled open enrollment assignments are approved based on the receiving school's available capacity being at or below ninety percent (90%) of the Florida Inventory of School Houses (F.I.S.H.). Available school capacity is determined by the District based on the most current permanent F.I.S.H. percent utilization report, minus any school concurrency capacity reservations issued in accordance with the Interlocal Agreement for Public School Facility Planning (collectively, the "available capacity"). The controlled open enrollment process will only be available following the annual magnet application window and will remain open for not less than four (4) weeks.

For controlled open enrollment, if the school's available capacity, as defined above, would not be exceeded by the number of controlled open enrollment applications received for that school when added to the projected student population, all applicants for that school will be approved. Applicants selecting schools having more applications than seats available will be subject to a random selection lottery.

Preference for controlled open enrollment shall be granted to:

 

A.

dependent children of active duty military personnel whose move resulted from military orders;

     
 

B.

children who have been relocated due to a foster care placement in a different school zone;

     
 

C.

children who move due to a court ordered change due to separation or divorce or the serious illness or death of a custodial parent; and

     
 

D.

students residing in the School District.

After all students meeting the criteria above are considered, a preference will be provided for Miami-Dade County students who are: (1) siblings of students already attending and who will continue to attend the requested school the following year, or (2) who are Miami-Dade County siblings applying together to the same school.

Controlled open enrollment transfers are subject to approval by the Region Superintendent. Transportation to and from the new school assignment will be the responsibility of the parent.

Students assigned to a school under controlled open enrollment are not automatically entitled to enroll in magnet or choice programs at the school unless they meet eligibility requirements and there is capacity at the school or in the program after the placement of any students on the waiting list for that particular magnet or choice program.

Controlled open enrollment transfer assignments under this policy may be revoked by the Principal due to a student's non-attendance, tardiness, conduct that interferes with instructional time, improper before or after-school arrangements, and/or the provision of fraudulent information provided by the legal guardian. Upon revocation, the student will be reassigned to the school within the verifiable residential attendance zone.

Students who are subject to a current suspension or expulsion order are not eligible to apply for controlled open enrollment assignment. Students with disabilities are eligible to apply for controlled open enrollment. However, the school of choice must offer the program specified on the student's Individualized Education Plan (IEP).

Application Process

 

A.

The parent enrolls the student in the school assigned by the attendance boundary prior to requesting a transfer for all in-county requests. The parent must then complete and submit a controlled open enrollment transfer application according to procedures which will be specified on the application form.

     
 

B.

The parent who requests a controlled open enrollment transfer to or from another county must complete and submit a controlled open enrollment transfer application according to procedures which will be specified on the application form.

     
 

C.

Applications are to be submitted for each student individually.

     
 

D.

The application will be submitted to the appropriate Region Office for processing.

     
 

E.

Once the transfer assignment has been granted, the student must enroll in the receiving school within ten (10) school calendar days from the controlled open enrollment application approval date. Otherwise, the transfer assignment will be forfeited and the seat becomes available for the applicants on the waiting list.

     
 

F.

The parent will be notified of the approval/denial in writing. If approved, the parent withdraws the student from the current school and enrolls the student in the receiving school for the following school year. Any requests that are denied due to capacity may apply for another transfer option under this policy.

Transfers Pursuant to Federal Law, State Statutes, or Board Policies

Transfers granted pursuant to F.S. 1002.38, Opportunity Scholarship Program, F.S. 1002.39, the John M. McKay Scholarships for Students with Disabilities Program, or other Federal or State law will be governed by Board policies.

F.S. 92.525
F.S. 837.06
F.S. 1001.41(1), (2), (6)
F.S. 1001.42(4)(a), (22)
F.S. 1001.43(10)
F.S. 1002.31
F.S. 1002.38
F.S. 1002.39
F.S. 1003.03
F.S. 1006.07
F.S. 1006.15
F.S. 1013.35

Revised 4/15/15
Revised 3/9/16
Revised 5/24/17

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