Persistently Dangerous School-Update
April 24, 2003
To follow is a copy of the email received from Jerry Hardenburg in the Safe and Healthy Kids Program Office:
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Although not official, it appears at this time that the local educational agencies (LEAs) will electronically submit their expulsion data to the California Department of Education via the 2003-2004 Consolidated Application (ConApp) for Funding Categorical Aid Programs, Part I.
As you may recall, during our last County Coordinators' Meeting, we had indicated that we planned to have the county prevention coordinators directly assist CDE in collecting "persistently dangerous" school data from the school districts in their respective counties. This will not be necessary since we now plan to incorporate the entire data collection process for identifying "persistently dangerous" schools into the ConApp, Part I.
Our goal is to minimize the burden for LEAs in submitting pertinent expulsion information to the CDE for use in designating "persistently dangerous" schools in California annually. The electronic version of the ConApp provides us with the opportunity to streamline the process for submitting the required expulsion information. Please note that last year the ConApp, Part I was accessible online in mid-May.
Designating "Persistently Dangerous" Schools
Under provisions of the State Board of Education policy adopted in May 2002, a public elementary or secondary school shall be designated "persistently dangerous" if for three consecutive-fiscal years the number of expulsions, for theCalifornia Education Code (CEC) violations listed below, for students enrolled in the school exceeds one of the following rates:
(a) for a school of fewer than 300 enrolled students, three expulsions
(b) for a larger school, one expulsion for every 100 enrolled students or fraction thereof.
- CEC Section 48900.3 Hate violence
- CEC Section 48915(a)(1) Causing serious physical injury to another person
- CEC Section 48915(a)(4) Robbery or extortion
- CEC Section 48915(a)(5) Assault or battery upon any school employee
- CEC Section 48915(c)(1) Possessing, selling, or furnishing a firearm
- CEC Section 48915(c)(2) Brandishing a knife
- CEC Section 48915(c)(3) Selling a controlled substance
- CEC Section 48915(c)(4) Sexual assault or sexual battery
- CEC Section 48915(c)(5) Possession of an explosive
The reporting period for designating "persistently dangerous" schools is the 2000-01, 2001-02, and 2002-03 fiscal years.
The ConApp, Part I will include instructions for submitting the required expulsion information for each school. The CDE will begin designating "persistently dangerous" schools and notifying affected school districts and county offices of education by July 1, 2003, in accordance with the U.S. Dept. of Education's Draft Non-Regulatory Guidance (July 2002). This publication provides direction to the States in administering various aspects of the Unsafe School Choice Option (USCO) requirements. The Guidance can be viewed and downloaded at the following web site:
www.ed.gov/offices/OSDFS/unsafeschoolchoice.pdf
.To help facilitate implementation and ensure statewide compliance with the USCO requirements, we encourage the LEAs to thoroughly review the guidance provisions.
More detailed information regarding the Unsafe School Choice Option requirements will be sent to the county and district superintendents in the near future.
I hope you find this information helpful. Please share it with your district prevention coordinators.
Cordially,
Jerry Hardenburg
Safe and Healthy Kids Program Office
(916) 323-1025
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