Fairness For Students

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Hello everyone!



My name is Johnna Hastings. I am a senior in high school. I recently tried transfering schools, from one high school to another. I am an average student. I make average grades. However, I apply myself very much, I work hard for my grades, and I am intelligent. I went today to enroll in my new high school, when I go there and met with the principal she denied me admission to the high school because I am eighteen and I am not passing my chemistry class. This being said, she feels if she granted me admission to her high school I would not graduate on time and it would bring her graduation rate down, which I completely understand. However, this I do not believe is fair. Every student deserves the opportunity to prove themselves and show that they can be a great student. I promised to take tutoring, after school help, before school help, and extra credit to bring up my chemistry grade up. It was still a no. Instead, I have to go to this Adult Learning Center, which is a school. However, I won't have a regular graduation with my friends, a senior prom..nothing. I won't get the ending of my senior year. Everything I worked so hard for, everything I looked forward to since I was in grade school is gone. I am zoned for this school. I am not but only five minutes from this school. I deserve the opportunity to show them what I am made of. I deserve my graduation. I will strive to get it..and I will not stop until I get this chance. I have just as much potential as any other high school senior.



There is a program we have called, "No Child Left Behind." This is a program that states no child will be left behind, it will help every child in every way possible to make sure they pass onto the next grade. This should pertain to me as well.



In these following policies I found some information that could possibly help a little.



In the NEW RESIDENT Policy it states:



A student may transfer into the school system at any time during the year if his parent(s) or legal guardian move their residence to Rutherford County.



Any child legally enrolled in an approved kindergarten in another state during the preceding school year, and who could have enrolled in the first grade in that state in the current school year making application for admission shall be enrolled in the first grade in the public school designated by the Board of Education having jurisdiction, providing he is six years of age by December 31 of the current school year.1



___________________________________

REFERENCES:



Book 19, Page 48, September 1, 1988 (Replaces JBCAA)



1. TRR/MS 0520-1-3-.04



In the RESIDENT REQUIREMENTS Policy it states:





Policy 5-67



RUTHERFORD COUNTY BOARD OF EDUCATION



POLICY



SUBJECT: RESIDENT REQUIREMENTS



POLICY:



The legal residence of students shall be in Rutherford County. Legal residence is defined as the primary domicile of the student's primary custodial parent or legal guardian. The residence of those students deemed to be "homeless" and/or illegal aliens will be determined in accordance with federal law.



When the legal residence of a pupil is in question, a pupil making application for admission may be enrolled under one of the following conditions:



1. Enrollment may be granted upon receipt of a properly executed court order indicating that a Rutherford County resident has legal custody of the student.



2. Enrollment may be granted upon receipt of properly executed court adoption papers which provide that a Rutherford County resident is the adopting party.



3. Enrollment may be granted upon receipt of documentation of the student's placement in a foster home in Rutherford County by the court.



4. Foreign exchange students and other alien students whose parents reside outside the United States may be enrolled under existing federal and state regulations, provided said student resides with host family living in Rutherford County and provided that requirements of Rutherford County Board of Education policy 5-38 are met.



5. Enrollment may be granted to students from adjacent counties in accordance with Rutherford County Board of Education policy 5-66.5.



6. Special education students may be enrolled from other systems, provided the Board of Education of each system approves a conditional contract acceptable to both systems. Requests from other systems are not to be considered unless adequate personnel and facilities are available.



The only exceptions to this policy are those exceptions which are established by federal or state law, including, but not limited to, (1) students in physical or legal custody of the State of Tennessee; (2) illegal aliens as per Plyler v. Doe, 477 US 202, 102 S.Ct. 2382; and (3) homeless/runaways as per the McKinney-Vento Act of 2001.



Policy 5-67, Page 2



This policy shall become effective immediately on adoption by the Board for new students desiring to attend Rutherford County Schools. Students currently attending Rutherford County Schools must present a properly executed court order indicating that a Rutherford County resident has legal custody prior to their enrollment for the 1995-1996 school year.



___________________________________

REFERENCES:



Book 27, Page 89, July 7, 1994

Book 27, Page 249, March 16, 1995 Revises 5-67

Book 42, Page 175, May 21, 2003



CROSS REFERENCES:



Policy 5-73, Homeless Students







Policy 5-66







RUTHERFORD COUNTY BOARD OF EDUCATION







POLICY











SUBJECT: SCHOOL ATTENDANCE ZONES AND EXEMPTIONS







POLICY:







I. Residence







The legal residence of the student must be in Rutherford County. Legal residence is defined as the primary domicile of the student's custodial parent(s) or legal guardian. A copy of the court document establishing guardianship or legal custody shall be filed with the school. The custodial parent or legal guardian of each student shall be required to submit proof (i.e. telephone bills, electric bills, property tax receipts, etc.) that they reside in Rutherford County. The residence of those students deemed to be homeless and/or illegal aliens will be determined in accordance with federal law.







II. Attendance Areas







Student assignment shall be based on attendance transportation zones as adopted by the Rutherford County Board of Education. The student shall attend the school located in the school zone of the student's legal residence. The Rutherford County Board of Education will provide transportation within an attendance transportation zone.







III. Transfers







The principal of any school accepting a student by transfer from another school by reason of the family changing place of residence within a semester, must be satisfied the family is actually residing within the area served by the school before enrolling the student.







Students who move out of their transportation/attendance zone, are to attend the school zone of their new legal residence.







IV. Zone Exemptions







A. Regardless of the reasons for requesting a transfer, approval cannot be recommended to a school where classes and facilities are overcrowded. Exemptions will be denied if the requested school does not have available room or teaching capacity.







B. In reaching a decision for exemption, the committee may consider:







1. Requests by the parents/students.



Policy 5-66, Page 2







2. Factors listed in Tennessee Code Annotated 49-6-3103.











3. Recommendations of the principals, counselors and/or teachers of each affected school.







C. The parent or legal guardian shall provide supporting documentation such as:







1. M-team recommendations







2. Psychological and/or psychiatric recommendations







3. Medical recommendations







4. Judicial recommendations







5. Police reports







6. Contracts/Leases on houses/apartments







D. No one is authorized to grant an exemption to applicable school zone lines other than those specified in this policy.







E. If an attendance zone exemption is granted, transportation must be provided by the custodial parents or legal guardian to the school outside the attendance transportation zone. Bus transportation will not be provided to or from the out-of-zone school.







F. This policy does not in any way prohibit an M-team, the child care development advisory committee, or disciplinary hearing committee from making program recommendations for students as appropriate at any time during the school year.







G. Violators of this policy (i.e. students using incorrect addresses, aliases, etc.) will be subject to suspension.







H. School personnel who knowingly allow or encourage a student to violate the zone line without an exemption having previously been granted shall be disciplined.







I. If a student is granted a zone exemption, the student will be permitted to continue to attend the new school in subsequent years based upon the exemption granted. It is not necessary that a zone exemption be applied for annually. However; any zone exemption granted may be reviewed at anytime by the Superintendent, the school principal(s) or any other administrator. A granted zone exemption is subject to revocation upon the recommendation of the principal(s) of the school. Factors to be considered in revoking a zone exemption include, but are not limited to, disciplinary



Policy 5-66, Page 3







matters, transportation, overcrowding, student attendance, academic progress and/or any other circumstance affecting the good order and discipline of the school.







J. After a student has enrolled in one school he will not be permitted to transfer to another, unless there is a change in residence of the student's custodial parents or legal guardian to a location outside the area in which the student first enrolled. Any deviation from this must be brought before the Zone Exemption Committee.







K. No transfer will be considered when a student is under disciplinary action from a previous school, unless both principals agree to the change.







L. A pupil shall be expected to report to the new school on the next regular school day after the date of issuance of the transfer, unless another date is specified.







M. Students transferring from another school system may enroll on a temporary basis awaiting the arrival of records requested from the former school.







N. The Superintendent may release a Rutherford County student to attend school in another school system during a period of two weeks prior to the opening of school or during the school year. Transportation and/or tuition, if applicable, will be the responsibility of the parent or legal guardian.







O. Holloway High, Homer Pittard Campus School, magnet schools and/or programs, as well as alternative schools are not zoned schools, therefore, zone exemption applications are not accepted for transfers to these schools.







V. Zone Exemption Procedure







A. The specific procedures will be developed and approved by the Superintendent.







B. Regardless of the reasons for requesting a transfer, approval cannot be recommended to a school where classes and facilities are overcrowded.







C. The zone exemption committee reviews the recommendations of the principals, the reasons for the transfer request, and any supporting documentation if provided, then approves or denies the request.







D. If an attendance zone exemption is granted, transportation must be provided by the custodial parents or legal guardians to the school outside the attendance transportation zone. Bus transportation will not be provided to or from the out-of-zone school.







VI. Appeals From The Denial of a Request For Zone Exemption











Policy 5-66, Page 4







A. Appeals to the Superintendent







1. Within ten (10) days from the date the denial of a zone exemption application is mailed to the child's parent or legal guardian, the parent or legal guardian may notify the Superintendent of his or her desire to appeal the denial. This notification must state the specific reasons why the applicant contends that the child should not attend the school assigned and the specific reasons why the child should be assigned to the different school requested in the notice.







2. Upon timely receipt of the application for appeal, the Superintendent shall review the entire record and shall, without a hearing, render a decision in writing on the appeal. Notice of the Superintendent's decision shall be mailed to the parent or legal guardian within ten (10) days from the date of the Superintendent's decision.







B. Appeals to the Board







1. Within ten (10) days from the date the Superintendent's order denying the appeal is mailed to the parent or legal guardian, the parent or legal guardian may make application to the Board for a hearing as to the reasonableness of the assignment and as to the parent's request for a transfer. The application for appeal must be in writing and shall state the specific reasons why the applicant contends that the child should not attend the school assigned and the specific reasons why the child should be assigned to the different school named in the application.







2. Upon the receipt of such application for hearing, the Board shall set a date for the hearing of the appeal and such hearing shall be held within a reasonable time after receipt of the written application for the hearing. Written notice of the date and place of the hearing shall be given by the Board or its Secretary to the parent, legal guardian, or legal custodian of such child by mailing a notice of hearing to said party, by certified return receipt mail, at his/her last known address at least ten (10) days before the date of the hearing. The applicant shall be entitled to appear in his/her own behalf or to be represented by counsel upon the hearing of such protest.







3. The procedures governing the appeal, including, inter alia, the evidence to be admitted, the obtaining of subpoenas and witnesses, the use of counsel, and the burden of proof shall be governed by Tennessee Code Annotated section 49-6-3203.







4. As provided by Tennessee Code Annotated section 49-6-3204, the Board of Education shall designate one (1) or more competent examiners to conduct any such hearings, to take testimony, and to make a report of the hearings to the



Policy 5-66, page 5







entire Board for its determination. Before the Board shall enter a final order in such cases, the members thereof shall personally consider the entire record and the Board shall make its decision on the basis thereof.







5. Within a reasonable time after the completion of the hearing, the Board shall enter the written order either granting or denying the protest. A copy of the order and the findings of the Board shall be mailed by the Board or its Secretary to all parties appearing at the hearing, by certified return receipt mail, at their last known mailing address within five (5) days from the date of such order.







C. Child Shall Remain At Assigned School During Pendency Of Appeal.







During the time an appeal is pending, either to the Superintendent or to the Board, the child requesting a transfer must remain at his or her assigned school.







VII. Private Schools







A. Students transferring into a Rutherford County school from a private school should do so at the beginning of the fall or spring semester or immediately thereafter.







B. Students entering a Rutherford County school from a non-approved private school shall be subject to the provisions of the Rules, Regulations and Minimum Standards of the Tennessee State Board of Education.







___________________________________



REFERENCES:







Book 10, Page 114, July 29, 1976 (Replaces 500-35A)



Book 18, Page 150, March 17, 1988



Book 19, Page 15, August 3, 1988



Book 24, Page 220, December 3, 1992



Book 27, Page 209, December 15, 1994



Book 28, Page 23, April 20, 1995



Book 28, Page 55, July 20, 1995



Book 36, Page 139, March 23, 2000



Book 42, Page 288. July 17, 2003







CROSS REFERENCES:







Policy 5-73, Homeless Students









Not to mention, me being zoned for this school. I can not possibly go to another high school, unless I am granted in. Unless, it is a magnet school or alternative school. I will stand up for what I believe in, whether I win or lose. Everyone deserves a fair opportunity and a chance to prove themselves. No matter who you are, or what you stand for. Every voice deserves to be heard.



Please, I am doing everything I possibly can to get this chance to graduate with my senior class and have the opportunities every other senior has. If you will jsut sign this, put your email address it will sincerely appreciated and I will be so grateful for your support.











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