Voluntary and Involuntary Transfers
Information on the voluntary and involuntary transfer of pupils to continuation classes, programs, and schools.Background
Under California Education Code (EC) Section 48200, all pupils between the ages of 6 and 18 years, not otherwise exempted, are subject to compulsory education.
Under EC Section 48400, pupils 16 years of age or older and under 18 years of age must be enrolled in continuation education unless they are exempt from continuation education under EC Section 48410. Exemptions include enrollment in full-time educational programs, completion of an equal amount of education or graduation from a private school or from a private tutor.
Under EC Section 48200, each person subject to compulsory full-time education and each person subject to compulsory continuation education, not exempt under EC Section 48410, shall attend the full-time day school OR continuation school or classes and for the full time designated as the length of the school day by the governing board of the school district.
The California Department of Education (CDE) is occasionally asked whether local educational agencies (LEA) are permitted to either involuntarily transfer a pupil or allow a pupil to voluntarily transfer to a continuation education school or classes when the pupil has not yet reached age 16 years. The EC does not specifically address this question.
Guidance
The Overuse and Improper Use of Voluntary and Involuntary Transfers (DOCX) memorandum addresses the legal requirements and recommended best practices governing voluntary and involuntary transfers. The guidance itself is non-binding and does not have the effect of law.
Policy
The CDE still believes that continuation education is most appropriate for pupils ages 16 through 18 years; and for those who are succeeding in continuation education and it is locally determined that it is in their best interest to remain in continuation education to complete their program. However, whether LEAs should involuntarily transfer or allow pupils to voluntarily transfer to a continuation education program prior to the age of 16 years is a decision incumbent upon the LEA to make in accordance with all applicable laws and regulations, pursuant to EC sections 48430, 48432, 48432.3 (regarding voluntary enrollment in a continuation school), and 48432.5 (regarding involuntary enrollment).