Avery County Schools Policy Policy Code: 4152
UNSAFE SCHOOL CHOICE TRANSFER
The Avery County Board of Education is committed to providing an environment at each school that is safe, orderly and inviting. The board believes that in most cases, a student should attend the school that serves his or her domicile. However, under certain circumstances or conditions, however, the board provides parents the opportunity to request that their child attend a school outside of his or her attendance area (see policy 4150, School Assignment).
Pursuant to federal and State Board of Education requirements, a student who attends a school designated as a persistently dangerous school or a student who becomes the victim of a violent criminal offense at his or her school will be allowed to attend another school that the superintendent has identified as an eligible transfer school.
A. DEFINITIONS
For purposes of this policy, the following definitions apply.
1. Violent Criminal Offenses: the following crimes, which must be reported
to the State Board of Education in accordance with State Board of
Education Policy HRS-A-000:
a. homicide as defined in G.S. 14-17 and 14-18;
b. assault resulting in serious bodily injury as defined in G.S. 14-32.4;
c. assault involving use of a weapon as defined in G.S. 14-32 through 14-
34.10;
d. rape as defined in G.S. 14-27.21, 14-27.22, 14-27.24, and 14-27.25;
e. sexual offense as defined in G.S. 14-27.26, 14-27.27, 14-27.29, and
14-27.30;
f. sexual assault as defined in G.S. 14-27.33 and 14-33(c)(2);
g. kidnapping as defined in G.S. 14-39;
h. robbery with a dangerous weapon as defined in G.S. 14-87; and
i. taking indecent liberties with a minor as defined in G.S. 14-202.1, 14-
202.2, and 14-202.4.
2. Persistently Dangerous School: a school in which:
a. at least two violent criminal offenses were committed with a rate
of five or more offenses per 1000 students during each of the two
most recent school years, and
b. the conditions that contributed to the commission of such offenses
are determined by the State Board of education as being likely to
continue into another school year.
Avery County Schools Policy Code: 4152 Page 1 of 4 3. Eligible Transfer School: a school that is not designated as a persistently dangerous school, that offers instruction at the student’s grade level and that the superintendent has identified as eligible for unsafe school choice transfer.
B. SCHOOL REVIEW OF VIOLENT CRIMINAL OFFENSES
Upon the commission of any violent criminal offense on school property or off
school property on a school-sponsored field trip, the principal and the school
improvement team shall review the incident to determine whether any conditions
or procedures at the school or in the school improvement plan need to be modified
as a result of the incident. The principal shall provide a report of the review to the
superintendent or designee.
C. IDENTIFICATION OF SCHOOLS AS PERSISTENTLY DANGEROUS
1. Conditions Contributing to the Commission of Violent Criminal Offenses
For any school in which at least two violent criminal offenses and five or
more such offenses per 1000 students were committed during each of the
two most recent school years, the board will determine whether any
changes need to be made in the school- or system-level school safety
procedures. The superintendent shall report to the State Board of
Education any conditions in the school that may have contributed to the
commission of the violent criminal offenses and any plans that the board
has to eliminate such conditions.
2. Probationary Schools
If the State Board of Education determines that a school should be placed
on probation, during the probationary year, the principal and school
improvement team shall implement strategies to protect students from
violent criminal offenses and to deter future offenses from occurring.
Such strategies shall be incorporated into the safe school plan. As
necessary, the superintendent may request assistance from the Department
of Public Instruction to help identify strategies for implementation.
3. Persistently Dangerous Schools
If the State Board of Education determines that a school is a persistently
dangerous school, the superintendent shall assign personnel from the
central office to review safety procedures at the school. The central office
team also shall assist the school with creating and implementing a
corrective action plan for the school. The corrective action plan should be
based on an analysis of the problems at the school, should include
strategies to improve safety at the school, and should identify any system-
level policies and procedures that need to be modified. Any strategies
identified for the corrective action plan should be incorporated into the
school improvement plan.
Avery County Schools Policy Code: 4152 Page 2 of 4 Pursuant to the unsafe school choice transfer procedures provided below, a student who attends a persistently dangerous school will be allowed to transfer to another school that the superintendent has designated as an eligible transfer school.
As deemed appropriate, the board will pursue any appeals process
available for review of a school’s designation as probationary or
persistently dangerous.
D. VICTIM OF VIOLENT CRIMINAL OFFENSE
A student shall be considered the victim of a violent criminal offense when the
following criteria are met:
1. the principal determines, based upon reasonable evidence, that the student
has been the victim of any of the applicable offenses identified in this
policy; and
2. the offense occurred while the student was on the grounds of the public
school that he or she attends.
Pursuant to the unsafe school choice transfer procedures provided below, a
student who is a victim of a violent criminal offense shall be allowed to transfer to
another school that the superintendent has designated as eligible for transfer.
E. UNSAFE SCHOOL CHOICE TRANSFER PROCEDURES
The superintendent shall establish procedures to facilitate the transfer of students
when a school has been identified as persistently dangerous or when a student has
been identified as a victim of a violent criminal offense. Such procedures must
include the following elements:
1. notice to parents within 10 days of the determination that their child
attends a school that has been identified as persistently dangerous or that
their child has been identified as a victim of a violent criminal offense;
2. notice to parents that their student has the opportunity to transfer to
another school that has not been identified as persistently dangerous, that
serves the student’s instructional level, and that the superintendent has
designated as an eligible transfer school; this notice shall be provided no
later than 14 days before the start of the school year for students attending
persistently dangerous schools and no later than 14 days after determining
that a student has become a victim of a violent criminal offense.
3. identification of those schools, including any virtual schools, within the
system that are eligible to receive unsafe school choice transfers;
4. identification of other options for unsafe school choice transfers if no
Avery County Schools Policy Code: 4152 Page 3 of 4 schools in the school system are eligible;
5. a process for parents to request transfer upon receiving notification of the
unsafe school choice transfer option;
6. a process to ensure that transfers are completed by the start of the school
year for students attending a school designated as persistently dangerous
or as expeditiously as possible but not later than the start of the school
year for a student victim, except in extraordinary circumstances; and
7. a report to the State Board of Education and to the local school board of
each student transfer made pursuant to this policy.
Transfers made because a student’s school was designated as persistently
dangerous will remain in effect as long as the school is so identified. Transfers
made because a student was a victim of a violent criminal offense will remain in
effect at least through the remainder of the school year in which the incident
occurred.
F. TRANSPORTATION
Parents who decide to transfer their child pursuant to this policy are responsible
for transportation of their child to the receiving school.
Legal References: Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. 7912; Unsafe School Choice Option Non-Regulatory Guidance, U.S. Department of Education (May 2004), available at http://www2.ed.gov/policy/elsec/guid/edpicks.jhtml?src=ln; G.S. 14-17, -18, -27.21, - 27.22, -27.24 through -27.27, -27.29, -27.30, -27.33, -32 through -34.10, -39, -87, - 202.1, -202.2, -202.4; 115C-36, -105.27, -366, -367; State Board of Education Policies SSCH-000, -006
Cross References: School Safety (policy 1510/4200/7270), School Improvement Plan (policy 3430), Conflict Resolution (policy 3431), School Assignment (policy 4150)
Adopted: 2/04/08
Revised: 10/6/08; 6/11/13; 09/01/15; 2/16/16; 4/28/17; 9/10/19
Avery County Schools Policy Code: 4152 Page 4 of 4