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Unsafe School Choice Option The Safe and Drug-Free Schools Advisory Committee Meeting 23 October 2006 USCO—the Policy Section 9532 of NCLB Each State receiving funds under this Act shall establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school, as determined by the State, in consultation with a representative sample of local educational agencies,… USCO—the Policy …or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local education agency, including a public charter school. USCO Determinations • 2003-04 School Year – 47 determinations – 5 States • 2004-05 School Year – 41 determinations – 4 States • 2005-06 School Year – 36 determination – 7 States ED Efforts • • • • Non-Regulatory Guidance Workshops and Meetings Data Grants Monitoring and Technical Assistance USCO Issues Non-Regulatory Guidance • Is non-regulatory – No basis to regulate – ―states shall establish‖ • Is guidance – ―Highlights some important aspects of USCO, and provides guidance on some provisions that may be useful in administering these requirements.‖ USCO Issues • Period of time – Many states have defined PDS as schools school that meet established criteria over a period of two or three years. – NRG strongly encourages States to define PDS based on a shorter period, specifically one school year. (B-5)7 USCO Issues • Data – Collection • School safety data is often aggregated by county or district level not school level – Consistencies in coding/interpretation of data • Definitions of criminal actions may vary within a state • If using criminal data; may not be reflected in school collected data – Management of data • Definitions are not necessarily aligned with current data collections • NRG encourages states to use UMIRS data USCO Issues • Incidents used in determinations – Only Criminal offenses used by many – NRG (B-4) suggest objective data encompassing areas that students and parents would consider in determining a school’s level of safety, including violent offenses USCO Issues • Types of data that could be used: • Bringing a firearm to school • Results from student surveys about fights on schools grounds • Data on gang presence on school grounds USCO Issues • Labeling – Stigma – Economic implications USCO Issues • Financial Constraints – Financial support for a new data collection process – No allotment of funds to improve schools deemed ―persistently dangerous‖ – Busing/transportation • Lack of transfer opportunity – Often there is no other school in the LEA to accept a transfer student USCO Issues • In cases of victimization, often the burden of transferring is on the victim rather than the perpetrator. • Wide scope of state laws/regulations, data collection challenges, and financial constraints indicate that a model USCO policy would be difficult to offer • Perhaps more effective to offer a clear list of items for states to use in policy development • Nomenclature – Persistently Dangerous School is pejorative • Watch List – To provide TA and support to schools with safety concerns • Training and TA for LEAs in collection of data and compliance • Threshold or definition of what constitutes PDS • Clear indication of what data sources will be used and who is responsible for collection and interpretation

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