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Unsafe School Choice Option - Persistently Dangerous School Criteria |
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The Unsafe School Choice Option (USCO), (section 9532 of the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind Act of 2001, requires that each state receiving funds under the ESEA, establish and implement a statewide policy requiring that students attending a persistently dangerous public school, or students who become victims of a violent criminal offense while in or on the grounds of a public school that they attend, be allowed to attend a safe public school. For the purposes of USCO any facility owned, leased or contracted for, and utilized for the provision of routine regular kindergarten, elementary, or secondary education or school-sponsored events is considered school property. In the context of NCLB, a public school in North Dakota is persistently dangerous if these conditions exist for two consecutive school years:
Students who have been victims of a violent criminal offense LEA’s must provide safe school options to a student who has been a victim of a violent criminal offense while in or on the grounds of a public school that the student attends. When there is probable cause that a student has been a victim of a violent criminal offense, the LEA must report the incident to DPI on the suspension/expulsion report, and within five days, offer the student an opportunity to transfer to a safe public school within the LEA. Request for transfer must be documented and describe specific incidents that lead to the request. When another school is not available in the LEA, the LEA shall seek other options such as an agreement with a contiguous LEA to accept the student(s). |
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