I was asked last week how many states have open enrollment policies that allow students who have been bullied to transfer to another district. The answer? Texas requires, and California permits victims of bullying to transfer districts after a bullying victim's parent requests such a transfer, while both Texas and Georgia have provisions related to the transfer of bullies into other classrooms, districts or programs.
Texas statute specifies that, upon parental request, a student who has been bullied must be transferred to (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred. The school district is not required to provide transportation to a transfer student under these circumstances.
California permits two or more district boards to enter into interdistrict transfer agreements. Per new provisions just enacted last month, effective July 2012 a student who has been a victim of bullying and who attends a district that has established a transfer agreement must be given priority for interdistrict attendance. If the student's district has not established an interdistrict transfer agreement, the student must be given additional consideration for the creation of an interdistrict attendance agreement.
Texas also allows a board of trustees to transfer the bully to either (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.
In Georgia, a student in grades 6-12 found to have engaged in bullying 3 times in a school year must be transferred to an alternative school. As in Texas, the district is not responsible for transportation for a student sent to an alternative school under these circumstances.