Any student attending a persistently dangerous school as
defined in this rule is eligible to transfer to a different school within the
district. Transportation for students electing to transfer will be provided
according to the district's transportation policy. The transfers may be
temporary or permanent, but will be in effect as long as the student's original
school is identified as persistently dangerous.
In making the determination of whether a transfer should be
temporary or permanent, the district will consider the educational needs of the
student, as well as other factors affecting the student's ability to succeed in
the student's new school environment. The district is encouraged to explore
other appropriate options such as an agreement with a contiguous school
district to accept students if there is no safe school within the transferring
district.
(1) A persistently dangerous
school is one that meets the following criteria for three consecutive
school
years:
a. The
school has violence-related,
long-term suspensions or expulsions for more than 1 percent of the student
population. Long-term suspensions or expulsions are more than ten days in
length and require the action of the local
school board. For purposes of this
subrule, a violence-related, long-term suspension or expulsion occurs as a
result of physical injury or the threat of physical injury to a student while
the student is in the
school building or on the grounds of the
attendance
center during the hours of the regular
school day or while the student is in
attendance at
school-sponsored activities that occur during the hours before or
after the regular
school day under one of the following:
(2) Offenses, excluding simple misdemeanors,
involving physical assault under Iowa Code chapter 708;
(3) Offenses, excluding simple misdemeanors,
involving sexual assault under Iowa Code chapter 709;
(4) Extortion under Iowa Code section
711.4;
(5) Use of incendiary or explosive devices
such as bombs under Iowa Code section 712.5;
(6) Criminal gang activity under Iowa Code
chapter 723A;
(7) Carrying or using
a weapon under Iowa Code sections
724.3 and
724.4.
b. The school has two or more students
expelled for violating the federal gun-free school laws.
c. The
school has 1 percent of the enrolled
student population or five students, whichever is greater, who exercised the
individual student option defined in rule
281-17.15 (20USC
7912).
(2) For the school year starting July 1,
2003, and in the years thereafter, a school identified as meeting the criteria
in paragraphs 17.14(1)"a" through "c" for one
year will be given a warning by the department. The school will review the
school's safety plan and prevention activities.
(3) For the school year starting July 1,
2004, and in the years thereafter, a school identified as meeting the criteria
in paragraphs 17.14(1)"a" through "c" for two
consecutive years will develop and implement a remedial plan. The plan will
include schoolwide efforts to support positive student behavior and improve
student discipline. The department will conduct a site visit to the
school.
(4) For the
school year
starting July 1, 2005, and in the years thereafter, a
school identified as
meeting the criteria in paragraphs 17.14(1)
"a" through
"c" for three consecutive years is eligible to be designated
as a persistently dangerous
school by the
department. Prior to the
department's
assigning the designation, the district may submit information to the
department including:
a. The school's safety
plan;
b. Local efforts to address
the school's safety concerns;
c.
The school safety data reported to the state consistent with requirements of
the federal Safe and Drug-Free Schools and Communities Program;
d. More current data that the school may have
available but has not yet reported; and
e. Any other information deemed
relevant.
(5) Within 30
days of receipt and review of the information, the department may determine
that the school demonstrates improvement and may delay the designation for one
year. By July 31, the department may, upon review of information that
demonstrates improvement, delay the designation for one year. The department
will determine whether the district has made sufficient progress to warrant
further consideration as a persistently dangerous school.
(6) Upon designation, the district will adopt
a corrective action plan, to be approved by the department. The department will
monitor the district's timely completion of the approved plan. The department
will annually assess the school using the criteria listed in paragraphs
17.14(1)"a" through "c" by July 31 to
determine whether the school will remain identified as a persistently dangerous
school for the following school year.
(7) At minimum, a district that has one or
more schools identified as persistently dangerous will, within 14 days of the
designation, notify parents of each student attending the school that the
school has been identified by the department as persistently dangerous. The
district must offer students the opportunity to transfer to a safe public
school within the district; and for those students who accept the offer, the
district will complete the transfer. A district may deny the transfer if space
at the requested school is unavailable. A district will offer the parent other
available options within the district, when available.
