Revising the Unsafe School Choice Option Policy First Discussion: September 7,

Unsafe School Choice Option Policy Under the Elementary and Secondary Education Act (ESEA) of 1965 SEC. 8532, as reauthorized under the Every Student Succeeds Act of 2015: The Unsafe School Choice Option (USCO) requires that each State receiving funds under the ESEA establish and implement a statewide policy requiring that students attending a persistently dangerous public elementary or secondary school (Provision I), or students who become victims of a violent criminal offense (Provision II) while in or on the grounds of a public school that they attend be allowed to attend a safe public school. – Only minor changes made since initial approval on June 18,

New Jersey USCO Policy: Provision II Victims of Violent Criminal Offenses Applies to individual victim o To provide relief to students who have been victimized Criteria unchanged o Based on New Jersey Statute Title 2C; The New Jersey Code of Criminal Justice Criteria may be accessed at 3

Revision Process for USCO* Federal Guidance: – “Develop objective criteria to use in identifying persistently dangerous schools” – “Such objective criteria should encompass areas that students and parents would consider in determining a school’s level of safety” – “Should be both valid and reliable” – “Often-identified measures of danger include number of weapons seized, number of assaults reported by students, and number of homicides” 4 *Rule for USCO under ESSA is the same as with NCLB

Consultation USCO Working Group: – NJDOE staff – Former NJDOE staff – Cross-section of school district staff – Education-Law Enforcement Working Group members Feedback: – LEE Group, May

New Jersey USCO: Policy Provision I Persistently Dangerous Schools to Current2016 Proposed 7 or more Category A and/or Index of 1.0 or higher Category B (# of incidents / square root school enrollment) for 3 years More than 3 incidents that meet at least one of the criteria and an incident rate of 1 incident for every 100 students (1%), OR 9 or more incidents Firearm offense (Cat A)Firearm offense Simple Assault (Cat B) or Assault with weapon, injury, or on school staff (Cat A) Assault on school staff with minor injury, Assault with major or serious bodily injury Gang fight (Cat B)Fight with major or serious bodily injury Robbery/Extortion (Cat B)Robbery/Extortion Sex Offense (Cat B)Sexual Assault Arson (Cat B)Arson with a victim Possession or sale of a weapon (Cat B)Use of a weapon Criminal Threat (Cat B)Criminal Threat Sale/distribution of drugs (Cat B)(Removed) Harassment, intimidation, and bullying (Cat B)(Removed) Kidnapping Incidents leading to the victim being identified as a victim of a violent criminal offense

Additional Revisions Proposed Updated language to refer to Every Student Succeeds Act (ESSA) rather than NCLB Added “early notification” after one year, informational only Added language to encourage LEAs to seek arrangements for students to transfer to the nearest charter school or neighboring district, if available Removed language regarding a victim “provoking” a crime 7

Proposed Timeline for Phased-in Implementation Early Notification (1 year) New criteria Early Warning (2 years) Prior criteria New criteria Persistently Dangerous (3 years) Prior criteria Prior criteria New criteria Prior criteria New criteria New criteria