UNSAFE SCHOOL CHOICE UNSAFE SCHOOL CHOICE OPTIONOPTION

Implementation and RecommendationsImplementation and RecommendationsArchived InformationArchived Information

presented to:presented to:Safe and Drug-Free Schools and Communities Safe and Drug-Free Schools and Communities

Advisory CommitteeAdvisory Committee

October 23, 2006October 23, 2006

Susan Martz, DirectorSusan Martz, DirectorOffice of Program Support ServicesOffice of Program Support Services

New Jersey Department of EducationNew Jersey Department of Education

NJDOE USCO PolicyNJDOE USCO Policy

Developed in consultation with the Developed in consultation with the USCO Advisory PanelUSCO Advisory Panel

Received advice from:Received advice from: Attorney General’s Education and Law Attorney General’s Education and Law

Enforcement Working GroupEnforcement Working Group NCLB Advisory CouncilNCLB Advisory Council Leaders for Educational ExcellenceLeaders for Educational Excellence

NJDOE USCO PolicyNJDOE USCO Policy

Approved by State Board on June 18, Approved by State Board on June 18, 2003 2003

Compliance with the policy is a Compliance with the policy is a condition of an LEA receiving funds condition of an LEA receiving funds under any NCLB programunder any NCLB program

CSAs are required to certify compliance CSAs are required to certify compliance with the policy in their NCLB with the policy in their NCLB applicationsapplications

Victims of Violent Criminal Victims of Violent Criminal Offenses ProvisionOffenses Provision

Provides relief to victimized students Provides relief to victimized students Describes offenses consistent with the Describes offenses consistent with the

State’s criminal statute to help staff make State’s criminal statute to help staff make reasonable determinationsreasonable determinations

Offenses include homicide, assault, sexual Offenses include homicide, assault, sexual assault, bias intimidation, terroristic threat, assault, bias intimidation, terroristic threat, robbery, kidnapping, arsonrobbery, kidnapping, arson

Applies to completed offenses, threats and Applies to completed offenses, threats and attemptsattempts

Criteria to Determine Victims Criteria to Determine Victims

A student who purposely, knowingly or A student who purposely, knowingly or recklessly provokes the criminal conduct recklessly provokes the criminal conduct is notis not a victim a victim

A student A student isis a victim of a violent criminal a victim of a violent criminal offense if:offense if:

1)1) A referral has been made to law A referral has been made to law enforcement for suspicion that one of the enforcement for suspicion that one of the violent criminal offenses has occurred; violent criminal offenses has occurred; andand

Criteria to Determine VictimsCriteria to Determine Victims

2)2) One or more of the following applies:One or more of the following applies: The perpetrator of the violent crime has The perpetrator of the violent crime has

been disciplined in accordance with school been disciplined in accordance with school policy; policy; oror

The perpetrator has not been identified or The perpetrator has not been identified or is not enrolled, but it is clear that the is not enrolled, but it is clear that the student was a victim; student was a victim; oror

There is a pre-existing restraining order There is a pre-existing restraining order against the perpetrator; against the perpetrator; oror

Law enforcement officials have filed formal Law enforcement officials have filed formal charges against the perpetrator.charges against the perpetrator.

Victim’s Transfer OptionVictim’s Transfer Option

LEAs receiving NCLB funds must:LEAs receiving NCLB funds must: Provide students who become victims of Provide students who become victims of

violent criminal offenses, while in or on the violent criminal offenses, while in or on the grounds of the school they attend, with the grounds of the school they attend, with the option to move to another safe school option to move to another safe school within the districtwithin the district

Offer the transfer option within 10 days Offer the transfer option within 10 days and complete transfers within 30 days of and complete transfers within 30 days of the determinationthe determination

Persistently Dangerous Schools Persistently Dangerous Schools (PDS) Provision(PDS) Provision

Schools notified by July 31 each yearSchools notified by July 31 each year Use most current available Electronic Use most current available Electronic

Violence and Vandalism Reporting Violence and Vandalism Reporting System dataSystem data Staff are required to report offensesStaff are required to report offenses LEAs are required to report incidentsLEAs are required to report incidents CSAs are required verify reported CSAs are required verify reported

incidentsincidents

PDS Identification CriteriaPDS Identification Criteria

Criteria for dangerousCriteria for dangerous:: 7 or more Category A offenses, 7 or more Category A offenses, oror Score of 1 or greater on the index of Score of 1 or greater on the index of

Category B offensesCategory B offenses Criteria for persistent:Criteria for persistent:

Meet criteria for dangerous each year Meet criteria for dangerous each year for three consecutive yearsfor three consecutive years

Category A OffensesCategory A Offenses

A firearms offense set forth by New A firearms offense set forth by New Jersey statute in accordance with the Jersey statute in accordance with the federal Gun-Free Schools Actfederal Gun-Free Schools Act

An aggravated assault upon a studentAn aggravated assault upon a student An assault with a weapon upon a studentAn assault with a weapon upon a student Any assault upon a member of the Any assault upon a member of the

school district staffschool district staff

Category B OffensesCategory B Offenses Simple assault on a studentSimple assault on a student Possession or sale of a weapon other Possession or sale of a weapon other

than a firearmthan a firearm Gang fightGang fight Robbery or extortionRobbery or extortion Sex offenseSex offense Terroristic threat Terroristic threat Sale and distribution of drugsSale and distribution of drugs Harassment and bullying Harassment and bullying

PDS Parental NotificationPDS Parental Notification

PDSs must inform all parents of PDSs must inform all parents of enrolled students of the designation and enrolled students of the designation and option to transfer within 15 calendar option to transfer within 15 calendar days of the NJDOE’s noticedays of the NJDOE’s notice

Submit compliance documentation to Submit compliance documentation to Regional Offices by August 25Regional Offices by August 25

PDS Transfer OptionPDS Transfer Option

Transfer to a safe school within the Transfer to a safe school within the district making AYP and not in need of district making AYP and not in need of improvement, if possibleimprovement, if possible

Complete transfers by the beginning of Complete transfers by the beginning of the school yearthe school year

PDS Corrective Action PlansPDS Corrective Action Plans

Due September 30 to Regional OfficeDue September 30 to Regional Office Describe how the school will reduce the Describe how the school will reduce the

number of violent incidentsnumber of violent incidents Include performance indicators, Include performance indicators,

measurable targets and activitiesmeasurable targets and activities Coordinate with Title IV applicationCoordinate with Title IV application

Early Warning Schools (EWS)Early Warning Schools (EWS) Provides the opportunity to reduce Provides the opportunity to reduce

violence before being labeled PDSviolence before being labeled PDS EWS meet the “dangerous” criteria for EWS meet the “dangerous” criteria for

two consecutive yearstwo consecutive years EWS are required to develop safety EWS are required to develop safety

plans to reduce incidents violenceplans to reduce incidents violence EWS become a top priority for EWS become a top priority for

intensified district support for research-intensified district support for research-based programs and technical based programs and technical assistanceassistance

PDSPDS

PDSPDS EWSEWS

20032003 77 1212

20042004 1010 1414

20052005 44 77

20062006 22 33

Audit of USCO ImplementationAudit of USCO Implementation

OIG entrance conference April 2, 2004OIG entrance conference April 2, 2004 Received draft audit report May 5, 2005Received draft audit report May 5, 2005 Response to OIG June 20, 2005Response to OIG June 20, 2005 Final audit report August 2005Final audit report August 2005 Response to OSDFS September 30, 2005Response to OSDFS September 30, 2005 Status report of actions taken March 2006Status report of actions taken March 2006

Audit FindingsAudit Findings

Some schools were not identified as PDSSome schools were not identified as PDS Auditors questioned SEA decisions to Auditors questioned SEA decisions to

grant appealsgrant appeals Inaccurate, Incomplete and Inconsistent Inaccurate, Incomplete and Inconsistent

Reporting of Incidents of Violence Reporting of Incidents of Violence Focused on data collection systemFocused on data collection system

Special Services Schools Were Not Special Services Schools Were Not Identified As Persistently DangerousIdentified As Persistently Dangerous

Positive ImpactPositive Impact Raised awareness of school safety Raised awareness of school safety Focused attention on the need to Focused attention on the need to

analyze available dataanalyze available data Motivated schools to implement Motivated schools to implement

programs to address specific problemsprograms to address specific problems Fostered communication with the Fostered communication with the

communitycommunity

SEA ChallengesSEA Challenges Managing a complex data base of Managing a complex data base of

violence incidents violence incidents Identifying PDS out of 2500 schools Identifying PDS out of 2500 schools Providing training and technical Providing training and technical

assistance to schools on accurate assistance to schools on accurate reportingreporting

Assuring compliance with the Assuring compliance with the requirementsrequirements

LEA ChallengesLEA Challenges Notifying parents of the PDS designation Notifying parents of the PDS designation

without having a transfer option to offerwithout having a transfer option to offer Requirement to transfer students to Requirement to transfer students to

schools filled to capacityschools filled to capacity Insufficient time to complete transfers Insufficient time to complete transfers

when using current year datawhen using current year data Inadequate resources to institute Inadequate resources to institute

programs and mechanisms to address programs and mechanisms to address safety issuessafety issues

ConcernsConcerns

Concentration on student transfers Concentration on student transfers instead of supporting positive changeinstead of supporting positive change

Degrading the TA relationship between Degrading the TA relationship between the state and the local agencies by the state and the local agencies by publicly labeling PDSpublicly labeling PDS

Creating tension between parents and Creating tension between parents and schools by labeling schools with no schools by labeling schools with no transfer optionstransfer options

ConcernsConcerns Lack of a correlation between identified Lack of a correlation between identified

schools and community perceptionsschools and community perceptions Inaccurate reporting to avoid Inaccurate reporting to avoid

identificationidentification High incidents based on the behavior of High incidents based on the behavior of

a small number of studentsa small number of students Ineffective use of resourcesIneffective use of resources Lack of credibilityLack of credibility

Primary RecommendationPrimary Recommendation

Repeal the USCO provision as writtenRepeal the USCO provision as written Lack of supporting scientific research Lack of supporting scientific research Public labeling is not necessary for Public labeling is not necessary for

SEAs to hold schools accountable to SEAs to hold schools accountable to reduce violence in schools and protect reduce violence in schools and protect victims victims

Variability across states impedes a Variability across states impedes a meaningful analysis of effectivenessmeaningful analysis of effectiveness

Recommendations if RetainedRecommendations if Retained Expand the USCO policy to include:Expand the USCO policy to include:

Uniform criteria for all statesUniform criteria for all states A clear definition of PDSA clear definition of PDS Dedicated funding to SEAs for the Dedicated funding to SEAs for the

administration of the USCOadministration of the USCO Dedicated funding to LEAs to implement Dedicated funding to LEAs to implement

corrective actions, provide corrective actions, provide transportation to transferred students transportation to transferred students and place perpetrators in alternative and place perpetrators in alternative settingssettings

Recommendations if Retained Recommendations if Retained

Focus the victim of violent criminal Focus the victim of violent criminal offenses provision on the removal of the offenses provision on the removal of the perpetrator instead of the victimperpetrator instead of the victim

Emphasize the relief to victims rather Emphasize the relief to victims rather than identification of PDSthan identification of PDS

Recommendations if RetainedRecommendations if Retained

Extend timelines for both identifying Extend timelines for both identifying PDS and for providing transfersPDS and for providing transfers

Exempt special education schools from Exempt special education schools from the transfer requirementthe transfer requirement

Permit the LEA submit a corrective Permit the LEA submit a corrective action plan to the SEA in lieu of a action plan to the SEA in lieu of a transfer when other “comparable” transfer when other “comparable” schools are fullschools are full

Recommendations if RetainedRecommendations if Retained

Permit LEAs to submit a corrective Permit LEAs to submit a corrective action plan to the SEA if the transfer action plan to the SEA if the transfer may violate:may violate: Health, fire or safety laws or ordinances; Health, fire or safety laws or ordinances;

labor contracts or board policieslabor contracts or board policies An SEA-approved or court-ordered An SEA-approved or court-ordered

equity planequity plan

ConclusionConclusion

The purpose of USCO is admirableThe purpose of USCO is admirable Some positive outcomes have resulted Some positive outcomes have resulted

from the requirementfrom the requirement The overall impact has been The overall impact has been

counterproductivecounterproductive Recommend repeal of the requirement as Recommend repeal of the requirement as

written or changeswritten or changes