(This policy addresses Certification of Compliance with Unsafe
School Choice Option Requirements as required in the Consolidated Plan
for No Child Left Behind)
b. "Violent criminal offenses" are the
following crimes reported in the Mississippi Student Information System:
Simple or Aggravated Assault as defined in Section
97-3-7
of the Mississippi Code Annotated 1972, as amended,
Homicide as defined in Sections
97-3-19,
97-3-27,
97-3-29,
97-3-31,
97-3-35,
97-3-37,
and
97-3-47
of the Mississippi Code Annotated 1972, as amended,
Kidnapping as defined in Section
97-3-53 of
the Mississippi Code Annotated 1972, as amended,
Rape as defined in Sections
97-3-65
and
97-3-71
of the Mississippi Code Annotated 1972, as amended,
Robbery as defined in Sections
97-3-73,
97-3-77
and
97-3-79
of the Mississippi Code Annotated 1972, as amended,
Sexual Battery as defined in Section
97-3-95
of the Mississippi Code Annotated 1972, as amended,
Mayhem as defined in Section
97-3-59 of the
Mississippi Code Annotated 1972, as amended,
Poisoning as defined in Section
97-3-61
of the Mississippi Code Annotated 1972, as amended,
Extortion as defined in Section
97-3-82
of the Mississippi Code Annotated 1972, as amended,
Stalking as defined in Section
97-3-107
of the Mississippi Code Annotated 1972, as amended, and
Seizure and Forfeiture of Firearms as defined in
Section
97-3-110
of the Mississippi Code Annotated 1972, as amended.
2. Whenever the State Board of Education has
information that a school meets the criteria described in paragraph 1.a (i) or
1.a (ii), the State Board of Education shall provide the local board of
education the opportunity to report on conditions in the school. After
consideration of that report and consultation with a representative sample of
local educational agencies, the State Board of Education shall determine
whether the school is a persistently dangerous school. Once a school has been
designated a persistently dangerous school, it retains that designation for at
least one school year.
3. Students
assigned to a school which the State Board of Education has determined to be
persistently dangerous shall be allowed to attend another school in the LEA
which is not designated a persistently dangerous school, provided there is such
a school in the LEA which offers instruction at the student's grade
level.
4. Any student who is the
victim of a violent criminal offense committed against him or her while he or
she was in or on the grounds of the public school that he or she attends shall
be allowed to choose to attend another school in the LEA which is not
designated a persistently dangerous school, provided there is such a school in
the LEA which offers instruction at the student's grade level and provided the
student requests transfer within 30 days of the violent criminal
offense.
5. Local school systems
shall establish a process for assuring any student who has the right to
transfer from a school under this policy is allowed to transfer to a school in
the LEA, which is not persistently dangerous. The process must be included in
the system's Safe School Plan.
6.
The LEA shall report each student transfer effected pursuant to this policy to
the State Board of Education in the Mississippi Student Information System.
NO CHILD LEFT BEHIND (NCLB) - TITLE IX, SEC.
9532. UNSAFE SCHOOL CHOICE OPTION
(a)UNSAFE SCHOOL CHOICE POLICY - 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, 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 or secondary school
within the local educational agency, including a public charter
school.
(b) CERTIFICATION - As a
condition of receiving funds under this Act, a State shall certify in writing
to the Secretary that the State is in compliance with this section.
