4 AAC 06.230 - Victim of a violent criminal offense

(a) Within 10 days after an incident in which a student is a victim of a violent criminal offense on the grounds of the school attended by the student, a district shall notify the parents of the student that the parents may, within 30 days after the notice is sent, elect to have the student transferred to the parent's choice of one of two or more safe schools within the district. If a parent timely requests a transfer under this section, the district shall provide the transfer within 30 days after receiving the request.

(b) Within 10 days after receiving notice that an incident of violence on school grounds may have occurred, a district shall determine whether substantial evidence indicates that a student was a victim of a violent criminal offense. A district shall consider a student eligible for a transfer under this section if substantial evidence indicates that the student was a victim of a violent criminal offense on the grounds of the school attended by the student. If a district refuses to offer to transfer a student whom the student's parent believes was the victim of a violent criminal offense, the parent may appeal to the commissioner within 30 days after receipt of the refusal. The commissioner or the commissioner's designee may use the existing record or may hear additional evidence to determine whether the student is eligible for a transfer under (a) of this section. Nothing in this section gives a determination by the district or the commissioner under this section preclusive effect in any other legal proceeding. A decision by the commissioner or the commissioner's designee is a final decision for purposes of judicial review.

(c) A district is not required to provide the notice or transfer option required under (a) of this section to a student who attends a youth detention center, but shall notify the parents of the incident.

(d) A district that has only one public school of the appropriate grade level is not required to create an additional public school in order to comply with (a) of this section.

(e) In this section, "violent criminal offense" means an incident, regardless of whether it was the subject of a criminal charge, that would establish the elements of an offense under

(1) AS 11.41 (Offenses Against the Person);

(2)AS 11.61.160 (Recruiting a Gang Member in the First Degree); or

(3)AS 11.61.195 (Misconduct Involving Weapons in the First Degree).

Notes

4 AAC 06.230

Eff. 11/23/2003, Register 168

Authority:AS 14.07.020

AS 14.07.060

AS 14.33.120

AS 14.50.080