Policies and Procedures Handbook


Last Updated: 8/12/2005
Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
(301)334-8900

UNSAFE SCHOOL TRANSFER OPTION

Board Policy

    Section 9532 (Unsafe School Choice Option) of Title IX of the No Child Left Behind (NCLB) Act of 2001 requires that each state establish and implement a statewide policy for Unsafe School Transfer Option. COMAR 13A.08.01.18-20 established the Unsafe School Transfer Option, which, consistent with NCLB, Title IX, Section 9532, requires that a student be offered an option to transfer to a safe elementary or secondary school: (1) if the student's school is designated as "persistently dangerous" or (2) if the student is the victim of a crime of violence while in or on the grounds of a public elementary or secondary school that the student attends.

  1. Transfer Option: Persistently Dangerous School

        A. Safe School:

            1.   A "safe school" is a public elementary or secondary school within the local school system that has not been placed
                  on probationary status or designated as "persistently dangerous."

            2.  To the extent possible, the student shall be allowed to transfer to a "safe school" that is making adequate yearly
                 progress and has not been identified as being in school improvement, corrective action, or restructuring.

        B. Probationary Status:

            1. A school will be placed on probationary status by the State Public Schools upon having each year for a period of
               two consecutive school years a total number of student suspensions for more than 10 days or expulsions for the
               offenses set forth in COMAR 13A.08.01.19B(4) that is equal to 2 1/2 percent or more of the total number of students
               enrolled in the school.

            2. The local school system (Garrett County Public Schools) will notify the parents or guardians of each student
                attending the school which has been placed on probationary status.

        C. Persistently Dangerous:

            1.  After being placed on probationary status, the State Public Schools shall designate that school as "persistently
                 dangerous" if during the next consecutive school year the total student suspensions for more than 10 days or
                 expulsions for any of the offenses set forth in COMAR 13A.08.01.18B(4) equals 2 1/2 percent or more of the total
                 number of students enrolled in the school.

          2.  "Persistently dangerous school" means a school in which each year for 3 consecutive school years, the total
                number of suspensions for more than 10 days or expulsions for any of the following offenses equals 2 1/2 percent
                or more of the total number of students enrolled in the school:

                a.  Arson or fire;
                b.  Drugs;
                c.  Explosives;
                d.  Firearms;
                e.  Other guns;
                f .  Other weapons;
                g.  Physical attack on a student;
                h.  Physical attack on a school system employee or other adult; and
                i.   Sexual assault.

        3. The local school system (Garrett County Public Schools) shall notify the parents or guardians of each student
            attending the school that the state has designated the school as "persistently dangerous", and of the opportunity
            to transfer to a "safe school."

        4. A school designated as "persistently dangerous" shall retain that designation for at least 1 full school year, and
            shall be removed by the state when it no longer meets the requirements of COMAR 13A.08.01.18B(4).

    II. Transfer Option: Student Victim of a Crime of Violence

        A.  A student is eligible for transfer to a "safe school" if they are a victim of a violent offense as defined in Criminal
              Law Article, 14-101, Annotated Code of Maryland:

            1.  abduction;
            2.  arson in the first degree;
            3.  kidnapping;
            4.  manslaughter, except involuntary manslaughter;
            5.  mayhem;
            6.  maiming, as previously proscribed under Article 27, 385 and 386 of the Code;
                 murder;
            7.  rape;
            8.  robbery under 3-402 or 3-403 of this article;
            9.  carjacking;
            10. armed carjacking;
            11. sexual offense in the first degree;
            12. sexual offense in the second degree;
            13. use of a handgun in the commission of a felony or other crime of violence;
            14. an attempt to commit any of the crimes described in items (a) through (d) of this subsection;
            15. assault in the first degree;
            16. assault with intent to murder;
            17. assault with intent to rape;
            18. assault with intent to rob;
            19. assault with intent to commit a sexual offense in the first degree; and
            20. assault with intent to commit a sexual offense in the second degree.

            And

        B. The student is a victim of a crime of violence during the school day or while attending a school sponsored event in
            or on the grounds (the local school system owned or leased building and land that surrounds a school building and
            also includes school vehicles) of the public elementary or secondary school that the student attends.

            And

        C. The perpetrator of the violent criminal offense has a conviction of or adjudication of the offense.

Source:  Section 9532 (Unsafe School Choice Option) of Title IX of the No Child Left Behind (NCLB) Act of 2001
             COMAR 13A.08.01.18-20
, Annotated Code of Maryland, Criminal Law Article 14-101


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