 |
 |
|||
 |
 |
 |
 |
|
Article 72 - Transfer from Unsafe Schools
| Section 72.1 | Purpose |
| Section 72.2 | Transfer Option |
| Section 72.3 | Notification of Transfer Rights |
| Section 72.4 | Transfer Procedures |
| Section 72.5 | Transportation of Transferred Students |
| Section 72.6 | Violent Criminal Offense Determinations |
| Section 72.7 | Appeal of Superintendent s Determination |
Article 72
TRANSFER FROM UNSAFE SCHOOLS
Adopted 02/19/03
The purpose of this policy is to comply with the requirements of No Child Left Behind Act and the Commissioner's regulations that the choice to transfer to a safe public school at the same grade level within the District must be offered to all students who would normally attend a District school designated by the Commissioner as a "persistently dangerous school" or who is a victim of a "violent criminal offense" that occurs on the grounds of the school currently attended by such student.
(A) Subject to the limitations in paragraph (B) below, each District student shall have the right to transfer to a safe public school at the same grade level within the District under either of the following circumstances:
(1) the school the student would normally attend is designated by the Commissioner as a "persistently dangerous school" as that term is defined in the No Child Left Behind Act and the Commissioner's regulations; or
(2) the student becomes the victim of a "violent criminal offense", as that term is defined in the No Child Left Behind Act and the Commissioner's regulations, which occurs on the grounds of the school the student currently attends.
(B) Notwithstanding any other provision of this policy, the right to transfer provided in paragraph (A) above shall not exist where the District has only one public school at the student's grade level within the District, or the transfer is otherwise impossible. As a result, the transfer option shall not be available to students in grades 6-12 due to the fact that the District only has one school for all students in grades 6-8 (Petrova Middle School) and one school for all students in grades 9-12 (High School).
Section 72.3 Notification of Transfer Rights
(A) The Superintendent shall notify in writing the parents of any student entitled to transfer as provided in section 72.2 of this policy.
(B) The written notice shall be sent by first class mail within:
(1) 24 hours of a determination by the Superintendent that a student has been the victim of a violent criminal offense on school grounds; and/or
(2) 10 days after the District receives notice from the Commissioner of his designation of a District school as being a "persistently dangerous school".
(C) The written notice shall also contain the following information:
(1) an explanation/statement that the student may transfer only to a safe public school at the same grade level within the District;
(2) identification of the District school to which the student may transfer;
(3) a statement informing the parents that if they desire the transfer of their child they must inform the Superintendent of their decision within the time period stated in the notice, which time period shall not be less than ten business days;
(4) an explanation of the procedures for transfer as provided in section 72.4 of this policy; and
(5) informing the parents of their right to request that their child be returned to the school of origin if they later reconsider their decision to request or allow the transfer.
Section 72.4 Transfer Procedures
(A) The transfer of any student attending a school that is deemed to be persistently dangerous shall occur not later than 15 school days after the District receives a written request from the parents of a student who is entitled to be transferred pursuant to section 72.2 of this policy.
(B) A student who transfers from a persistently dangerous school shall:
(1) have the right to remain at the safe school to which he/she transfers for as long as the school of origin continues to be identified as persistently dangerous; and
(2) remain at the safe school until he/she completes the highest grade level at such school provided that it is determined by the District to be in the best educational interest of the student to remain there based upon the student's educational needs and other factors affecting his/her ability to succeed if returned to the school of origin.
(C) A student who transfers by reason of being a victim of a violent criminal offense at his/her school of origin shall remain at the school to which he/she transfers until such student completes the highest grade level there.
(D) Upon written request of the parents of a student who has transferred to a safe school, such student may be transferred back to the school of origin effective at the start of classes in the next school year following the District's receipt of such written request.
Section 72.5 Transportation of Transferred Students
The District shall furnish transportation to students who elect to transfer to a safe school pursuant to this policy, subject to the transportation limits established by the New York Education Law.
Section 72.6 Violent Criminal Offense Determinations
(A) In accordance with the District procedures for reporting conduct which may constitute a crime under sections 15.13, 15.18 and 75.16 of the District's policies, the building principal or designee shall promptly notify both local law enforcement authorities and the Superintendent of all reports which involve:
(1) the infliction of a serious physical injury upon a person;
(2) a sex offense involving forcible compulsion; or
(3) any other offense that involves the use or threatened use of a deadly weapon under the applicable provisions of the New York Penal Law.
(B) Upon the receipt of a report pursuant to paragraph (A) above, the Superintendent shall determine whether any of the students involved in the reported incident has become the victim of a violent criminal offense on school grounds after first:
(1) consulting with any law enforcement agency investigating the alleged violent criminal offense;
(2) documenting his/her consultation with such law enforcement agency;
(3) consulting with the District Attorney; and
(4) considering any reports or records provided by law enforcement agencies investigating the incident.
(C) After completing the consultations and considerations provided in paragraph (B) above, the Superintendent shall make a written determination and document his/her findings. In making such determination, it is not required that there be a criminal conviction for the Superintendent to determine that a student has indeed become the victim of a violent criminal offense on school grounds; and the Superintendent's determination may not be used as evidence in any student disciplinary proceeding initiated against either the alleged victim or the perpetrator of the offense.
(D) Upon determining that a student has become the victim of a violent criminal offense on school grounds, the Superintendent shall furnish written notice to the student's parents of the student's right (if any) to transfer to a safe school in accordance with section 72.3. The Superintendent shall document compliance with the notification requirements as well as of the procedures followed to carry out the student's transfer should the parents make an election to have the student transferred to another school.
Section 72.7 Appeal of Superintendent's Determination
(A) The determination of a Superintendent that a student has or has not become the victim of a violent criminal offense on school grounds may be appealed by the parents of such student by filing a written notice of appeal with the Superintendent within 10 school days of the date of such determination. The written notice of appeal shall include a statement or explanation by the parents of the reasons why they believe the Superintendent's determination is in error.
(B) Upon receipt of a notice of appeal, the Superintendent shall immediately furnish a copy to the Clerk of the Board of Education and the Board President. A meeting of the Board of Education to consider the appeal shall be held not later than 10 school days following the Superintendent's receipt of the notice of appeal. At such meeting, the Superintendent and the parents of the student shall be given the right to present evidence and information. The Board shall render a written decision on the appeal no later than 10 school days following such meeting.