Any District student who is the victim of a violent criminal offense that occurred on the grounds of the District elementary or secondary school that the student attends, shall be allowed to attend a safe public school within the School District to the extent required by the Federal No Child Left Behind Act (NCLB) and state law and regulations.

Definitions

1)     "Safe  public  school"  shall  mean  a  public  school  that  has  not  been  designated  by  the Commissionerof Education as a persistently dangerous public elementary or secondary school.

2)      "Violent criminal offense" means a crime that:

a.      Involves infliction of a serious physical injury upon another as defined in New York State

Penal Law; or

b.      A sex offense that involves forcible compulsion; or

c.      Any other offense defined in the Penal Law that involves the use or threatened use of a deadly weapon.

3)     "Serious physical injury," as defined in Penal Law Section 10.00(10), shall mean a "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ."

4)     "Deadly weapon," as defined in Penal Law Section 10.00(12), shall mean "any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, or metal knuckles."

Determination Whether Student is the Victim of a Violent Criminal Offense on School Grounds of the School the Student Attends

Itshall be the responsibility of the Superintendent to determine whether a student is the victim of a violent criminal offense that occurred on school grounds of the school the student attends.

1)    The Superintendent shall,  prior to  making any  such determination, consult with any  law enforcement agency investigating the alleged violent criminal incident and consider any reports or records provided by such agency.

Further, in accordance with the Safe Schools Against Violence in Education Act ("Project SAVE") the District's Code of Conduct, procedures shall be followed for notifying law enforcement agencies of Code violations that may constitute crimes.

2)     A criminal conviction is not required prior to the Superintendent's determination that the student has been a victim of a violent criminal offense.

3)     The Superintendent may also consult with the School District's attorney prior to making such a determination.

4)     The Superintendent shall maintain written records of his/her investigation of the alleged criminal offense, while maintaining confidentiality to the extent possible in accordance with law.

The Superintendent's determination may be appealed to the Board of Education. However, this determination will not preclude any student disciplinary proceedings brought against the alleged victim or perpetrator of such violent criminal offense.

Notice to Parents/Persons in Parental Relation

The School District, to the extent that it is required to provide school choice in accordance with applicable provisions of law and regulations, shall notify parents of, or persons in parental relation to, students who are victims of violent criminal offenses on school grounds of the school the student attends of the student's right to transfer to a safe public school within the District and the procedures for such transfer.

Such notice shall be, to the extent practicable, provided in the dominant language or mode of communication used by the parents or persons in parental relation to such student. The District shall provide this notice within twenty-four (24) hours of the determination that the student has been the victim of a violent criminal offense on school grounds at the school he/she attends.

1)     Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of such determination at the last known address or addresses of the parents/personsin parental relation to the student.

2)     Where possible,notificationshall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents/personsin parental relation.

 3)      However,  such notification shall not be required where  there  are  no  other  public  schools within the District at the same grade level or a transfer  to a safe public school within the School District is otherwise impossible.

4)      Similarly,  procedures for such notification of parents/personsin parental  relation  to students who are victims of violent criminal offenses shall not be required where the School District has only one public school within the District or only one public school at each grade level.

Designationof Safe Public School

Itshall be the responsibility of the School District to designate a safe public school or schools within the District to which  students  may  transfer.  This  designation  is to  be based  upon objective  criteria which may include a review of the data submitted  through the Uniform  Violent And Disruptive  Incident Report (VADIR).

1)     However,  the District is not required to designate a safe public school where there are no public schools within the District at the same grade level or when transfer to a safe public school within the District is otherwise  impossible.

2)      Similarly,  if the District has only one public school within the School System or only one public school  at each grade  level,theSchool District shall not be required to designate a safe public school.

3)     While  the receiving  school  shall  be identified  by the School  District,  administration may take into account  the needs and preferences  of the affected  students  and parents/personsin parental relation.

4)     The District  should offer the parents/personsin parental relation to a student determined  to be a victim of a violent criminal  offense  an opportunity  to transfer  their child to a safe public school within the District within ten (10) calendar days of such determination by the District.

5)      While  the parents/personsin parental  relation  to the student  must  be offered the opportunity  to transfer  their  child,  they  may  elect  to  have  their  child  remain  at the school  he/she  currently attends.

6)     Any  student  who  transfers  to  a safe  public  school  shall  be  enrolled  inthe  classes  and  other activities  of the public  school  to which such  student  transfers  in the same  manner  as all other students at the public school.