UNSAFE SCHOOL CHOICE PROCEDURES
(For use by a school where transfer to a safe school is within the district)
“Only for Use in a School with Multiple Buildings”
STUDENT VICTIM OF A VIOLENT CRIMINAL OFFENSE COMMITTED ON CAMPUS
- Definition:Violent Criminal Offense shall mean a crime that involves:
- infliction of serious physical injury upon another as defined in the Penal Law;
- a sex offense that involves forcible compulsion; or
- any other offense defined in the Penal Law that involves the use or threatened use of a deadly weapon.
- Any school employee in charge of investigating an incident suspected of being a violent criminal offense shall report the matter to the Superintendent as soon as practically possible.
- The Superintendent shall determine whether a student has been the victim of a violent criminal offense as defined above. In reaching a determination, the Superintendent shall:
- communicate with the School Administrator in charge of investigating the event;
- consult with local law enforcement agencies investigating the matter, if any, and consider any reports or records provided by the agency. A criminal conviction is not necessary to find that a student has been the victim of a violent criminal offense under this procedure;
- review the list created by the State (attached as Appendix A) of enumerated offenses considered to be violent criminal offenses;
- contact the District’s legal counsel if necessary;
- make the determination within nine school days of the incident and notify the person in parental relation to the alleged victim within 24 hours of the Superintendent’s determination.
Where the Superintendent determines that:
- the student is not the victim of a violent criminal offense, use Form 1-A.
- a student is a victim of a violent criminal offense, use Form 1-B.
- The Superintendent’s determination in this matter has no affect on the outcome of any disciplinary proceeding regarding the same incident.
- If the Superintendent determines that the student was a victim of a violent criminal offense and the student makes a written transfer request, the transfer will take place as soon as it is practically possible but no later than 30 school days from receipt of the request unless circumstances make it impossible to act within such time period.
PERSISTENTLY DANGEROUS SCHOOLS DETERMINATION
- Should the Commissioner of Education designate any of the schools within the District a persistently dangerous school, the District will notify the persons in parental relation to each student attending the school or schools that have been designated persistently dangerous. (Use Form 1-C attached.)
- The District will give such notification within ten school days of learning of the Commissioner’s designation.
- Upon receiving written notice from the person in parental relation of a student that qualifies for a transfer, the District will transfer the student within 30 school days of receipt of the written request for transfer unless circumstances make it impossible.
SAFE SCHOOL DESIGNATION
Where the Superintendent has determined that a transfer may occur under the Unsafe School Choice Procedure, the Superintendent shall notify the Board. The Board shall, if practical, designate a safe public school to which affected students may transfer.
Adopted:7/15/2013
FORM 1-A
Superintendent’s Determination That Student is Not a Victim of a Violent Criminal Offense
[DISTRICT LETTERHEAD]
[Date]
[Person in Parental Relationshipto Alleged Victim]
[Address]
Re: [Name of Student]
The Superintendent has determined that the above named student has not been the victim of a violent criminal offense regarding the incident of [insert date of alleged incident]. The person in parental relationship to the student has the right to appeal the Superintendent’s decision that the student has not been a victim of a violent criminal offense in this matter to the Board of Education by requesting an appeal in writing within 30 days of the date of this notice.
Superintendent
FORM 1-B
Superintendent’s Determination That a Student is a Victim of a Violent Criminal Offense
[DISTRICT LETTERHEAD]
[Date]
[Person in Parental Relationshipto Alleged Victim]
[Address]
Re: [Name of Student]
The Superintendent has determined that the above named student has been the victim of a violent criminal offense regarding the incident of [insert date of alleged incident].
The student has the right to transfer to another school building within the District. All requests to transfer the student must be made in writing within 30 days of the date of this notice. This right to transfer only exists if the District is operating a second school building at the same grade level and if the transfer is reasonably practical. The Superintendent makes this decision on a case-by-case basis.
The person in parental relation to the student may request that the student be transferred back to the original school at any time. If a retransfer is requested, the District reserves the right to make the transfer back to the original school effective at the start of classes of the following academic year.
Superintendent
FORM 1-C
Commissioner’s Determination that School is Persistently Dangerous
The Commissioner of Education has determined that Delaware Academy Central School District at Delhi is a persistently dangerous school within the definition of the No Child Left Behind Act. Under the law, all students attending the above-named school have the right to request a transfer to another school.
This right to transfer only exists if the District is operating a second school building at the same grade level and if the transfer is reasonably practical. The Superintendent makes this decision on a case-by-case basis. All requests to transfer students must be made in writing within 30 days of the date of this notice. The person in parental relation to a student may request that the student be transferred back to the original school at any time. If a retransfer is requested, the District reserves the right to make the transfer back to the original school effective at the start of classes of the following academic year.
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