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Unsafe School Choice Option

This document outlines the Unsafe School Choice Option (USCO), which mandates states to create policies allowing students from persistently dangerous schools to transfer to safer educational institutions. The USCO is rooted in the No Child Left Behind Act (NCLB) and emphasizes the need for effective data collection on school safety. It highlights challenges such as inconsistent definitions of dangerousness, financial constraints, and the burden of transferring on victims rather than perpetrators. Recommendations for a model USCO policy aimed at addressing these issues are also discussed.

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Unsafe School Choice Option

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  1. Unsafe School Choice Option The Safe and Drug-Free Schools Advisory Committee Meeting 23 October 2006 Archived Information

  2. 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,…

  3. 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.

  4. 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

  5. ED Efforts • Non-Regulatory Guidance • Workshops and Meetings • Data Grants • Monitoring and Technical Assistance

  6. 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.”

  7. 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

  8. 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

  9. 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

  10. 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

  11. USCO Issues • Labeling • Stigma • Economic implications

  12. 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

  13. USCO Issues • In cases of victimization, often the burden of transferring is on the victim rather than the perpetrator.

  14. 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

  15. 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

  16. 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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