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EASTON AREA
SCHOOL DISTRICT
No. 144
SECTION:
PROGRAMS
TITLE:
STANDARDS FOR VICTIMS
OF VIOLENT CRIMES
ADOPTED:
May 17, 2007
REVISED:
144. STANDARDS FOR VICTIMS OF VIOLENT CRIMES
1.
Purpose
Title 22
Sec. 403.6
20 U.S.C.
Sec. 7912
The Pennsylvania Department of Education, as required by the Unsafe School
Choice Option provision of the No Child Left Behind Act of 2001 (Section 9532),
hereby adopts the following standards for a student who becomes a victim of a
violent criminal offense while in or on the grounds of the public elementary or
secondary school that s/he attends.
2.
Definitions
Title 22
Sec. 403.2
As used in these standards, the following terms shall be defined as provided herein:
Local Educational Agency or LEA - shall include a school district, an area
vocational-technical school, an intermediate unit or a charter school.
Safe public school - shall mean a public school that has not been designated as a
persistently dangerous school under the standards for identifying persistently
dangerous schools or that has had such designation removed by the Department.
Victim or student victim - shall mean the student against whom a violent criminal
offense has been perpetrated while the student was in or on the grounds of the public
elementary or secondary school that s/he attends.
Violent criminal offense - is defined as any of the following offenses that are set
forth in Title 18 of the Pennsylvania Consolidated Statutes:
1.
Kidnapping.
2.
Robbery.
3.
Aggravated assault (on the student).
4.
Rape.
5.
Involuntary deviate sexual intercourse.
6.
Sexual assault.
144. STANDARDS FOR VICTIMS OF VIOLENT CRIMES - Pg. 2
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7.
Aggravated indecent assault.
8.
Indecent assault.
9.
Attempt to commit any of the following: homicide, murder or voluntary
manslaughter.
3.
Guidelines
Student Opportunity To Transfer
1.
Except as provided below, a student who becomes a victim of a violent criminal
offense while in or on the grounds of the public elementary or secondary school
that s/he attends, must be offered the opportunity to transfer to a safe public
school within the LEA, including a charter school.
2.
In order for a student victim to be entitled to transfer to another school under
these standards, the violent criminal offense first must be reported to law
enforcement authorities by the student, the student’s parent/guardian, or school
officials.
3.
A student victim (or his/her parent/guardian) may apply to the LEA to transfer to
another school within thirty (30) calendar days after the incident is reported to
school authorities.
4.
Responsibility
LEA's Responsibilities
1.
Within ten (10) calendar days of receiving notice of the violent criminal offense,
the LEA shall notify the student victim that s/he has the right to transfer to a safe
public elementary or secondary school within the LEA, including a public
charter school.
2.
The notification and offer to transfer shall state that no student is required to
transfer to another school.
3.
Upon receipt of an application to transfer, the LEA should transfer the student as
soon as possible, and shall transfer the student within ten (10) calendar days after
receiving the application.
4.
When considering a student’s request to transfer to another school, the LEA
should take into account the particular needs of the student and the parent/
guardian.
144. STANDARDS FOR VICTIMS OF VIOLENT CRIMES - Pg. 3
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5.
To the extent possible, the LEA should allow the student to transfer to a school
that is making adequate yearly progress, and one that is not identified as being in
school improvement, corrective action, or restructuring.
6.
A charter school only has to accept a student who meets its admission criteria if
space is available.
7.
If there is not another safe school within the LEA to which students may transfer,
the LEA is encouraged, but not required, to establish an agreement with a
neighboring LEA to accept the transfer of students.
PA Code
Title 22
Sec. 403.1, 403.2,
403.6
School Code
2603-B
20 U.S.C.
Sec. 7912