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Persistently Dangerous Schools Definition


ItemDescription
Policy TitlePersistently Dangerous Schools Definition
Policy CategorySafe School Program Guidelines (SSCH)
Policy IDSSCH-006
Policy Date2014-09-04
Previous Policy Dates06/06/2002, 02/02/2012
Statutory Reference20 USCS 7912 (2002)

Formerly HRS-A-006

  1. The following definitions apply to this policy.
    1. Violent criminal offenses are the following crimes:
      1. Homicide as defined in G.S. §14-17 and 14-18;
      2. Assault Resulting in Serious Bodily Injury as defined in G.S. §14-32.4;
      3. Assault Involving Use of a Weapon as defined in G.S. §14-32 through 14-34.10;
      4. Rape as defined in G.S. §14-27.2,14-27.3 and 14-27.7A;
      5. Sexual Offense as defined in G.S §14-27.4, 14-27.5 and 14-27.7A;
      6. Sexual Assault as defined in G.S. §14-27.5A and 14-33(c)(2);
      7. Kidnapping as defined in G.S. §14-39;
      8. Robbery with a Dangerous Weapon as defined in G.S. §14-87; and
      9. Indecent Liberties with a Minor as defined in G.S. §14-202.1, 14-202.2 and 14-202.4.
    2. A persistently dangerous school is a public elementary, middle or secondary school or a charter school in which at least two violent criminal offenses and five or more such offenses per 1000 students were committed during each of the two most recent school years and in which the conditions that contributed to the commission of those offenses are determined by the State Board of Education as being likely to continue into another school year.
    3. These offenses must be reported when they occur under the following conditions and circumstances: (1) on school property, defined as any public school building, bus, public school campus, grounds, recreational area, or athletic field in the charge of the principal or (2) off school property on a school-sponsored field trip.
  2. Whenever the State Board of Education has information that at least two violent criminal offenses and at least five or more such offenses per 1000 students were committed  on school property in a public elementary, middle or secondary school or a charter school during each of the two most recent school years, the State Board of Education shall provide the local board of education or the nonprofit corporation that holds the school charter the opportunity to report on conditions in the school and any plans it may have to eliminate the conditions that contributed to the commission of the violent criminal offenses.
  3. After consideration of that report and consultation with a representative sample of local education agencies (LEAs) or charter schools, the State Board of Education shall determine whether the school is a persistently dangerous school, whether the school should be placed on probation, or whether no additional interventions are necessary to protect students from violent crimes.
  4. During the probationary year, the school shall implement additional strategies to protect students from violent criminal offenses and incorporate them into the safety component of the School Improvement Plan.
  5. If at any time during the probationary year the State Board of Education determines that conditions that contributed to the commission of the violent criminal offenses in the school have not been eliminated, then the State Board of Education may determine that the school is a persistently dangerous school.
  6. Once the State Board has determined that a school is a persistently dangerous school, the school shall retain that designation for at least one full school year.
  7. Students assigned to a school which the State Board of Education has determined to be persistently dangerous shall be allowed to attend another school in the LEA that is not designated a persistently dangerous school, provided there is such a school in the LEA that offers instruction at the student’s grade level.
  8. Any student who is the victim of a violent criminal offense committed against him or her while he or she was in or on the grounds of a public elementary, middle or secondary school or charter school that he or she attends shall be allowed to attend another school in the LEA, provided there is such a school in the LEA that offers instruction at the student’s grade level and provided the student’s choice shall not be limited to persistently dangerous schools.
  9. LEAs shall establish a process for assuring any student who has the right to transfer from a school under this policy is allowed to transfer to a school in the LEA that is not persistently dangerous.
  10. The LEA shall report to the State Board of Education each student transfer effected pursuant to this rule.
  11. Nothing in this policy shall be construed to grant any student the right to attend a charter school, grant any student a preference in admission to a charter school or limit a student’s right to transfer from a charter school.

 History Note:  G.S.

 

NC Constitution Article IX, Sec. 5.

 

 

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