UNSAFE SCHOOL CHOICE OPTION (USCO) Requirements effective July 1, 2003 Susan Martz, Director Office...

UNSAFE SCHOOL UNSAFE SCHOOL CHOICE OPTIONCHOICE OPTION

(USCO)(USCO)

Requirements effective July 1, 2003Requirements effective July 1, 2003

Susan Martz, DirectorSusan Martz, DirectorOffice of Program Support ServicesOffice of Program Support Services

New Jersey Department of EducationNew Jersey Department of Education

TITLE IX-USCOTITLE IX-USCOStatutory RequirementStatutory Requirement

Intent: to provide safety and security for Intent: to provide safety and security for students and to prevent unnecessary or students and to prevent unnecessary or extended interruptions in the school dayextended interruptions in the school day

States are required to establish and States are required to establish and implement a state policyimplement a state policy

The policy must include two provisions:The policy must include two provisions: Victims of violent criminal offensesVictims of violent criminal offenses Persistently dangerous schoolsPersistently dangerous schools

TITLE IX-USCOTITLE IX-USCONJDOE PolicyNJDOE Policy

Compliance with the provision is a Compliance with the provision is a condition of the LEA receiving funds under condition of the LEA receiving funds under any NCLB programany NCLB program

CSAs are required to certify compliance CSAs are required to certify compliance with the policy in their NCLB applicationswith the policy in their NCLB applications

The provisions apply to schools in varying The provisions apply to schools in varying degreesdegrees

TITLE IX-USCOTITLE IX-USCONJDOE PolicyNJDOE Policy

Developed in consultation with the USCO Developed in consultation with the USCO Advisory PanelAdvisory Panel

Received advice from:Received advice from: Attorney General’s Education and Law Attorney General’s Education and Law

Enforcement Working GroupEnforcement Working Group NCLB Advisory CouncilNCLB Advisory Council Leaders for Educational ExcellenceLeaders for Educational Excellence

State Board approved on June 18, 2003State Board approved on June 18, 2003

NJDOE USCO POLICYNJDOE USCO POLICYVictims of Violent Criminal OffensesVictims of Violent Criminal Offenses

LEAs receiving NCLB funds must:LEAs receiving NCLB funds must: Provide students who become victims of Provide students who become victims of

violent criminal offenses while in or on the violent criminal offenses while in or on the grounds of the school they attend with the grounds of the school they attend with the option to move to another school within option to move to another school within the districtthe district

Offer the transfer option within 10 days Offer the transfer option within 10 days and complete transfers within 30 days of and complete transfers within 30 days of the determinationthe determination

NJDOE USCO POLICYNJDOE USCO POLICY Violent Criminal OffensesViolent Criminal Offenses

Policy describes offenses to help staff Policy describes offenses to help staff make reasonable determinationsmake reasonable determinations

Descriptions are consistent with the Descriptions are consistent with the State’s criminal statuteState’s criminal statute

Offenses include:Offenses include: Homicide, assault, sexual assault, bias Homicide, assault, sexual assault, bias

intimidation, terroristic threat, robbery, intimidation, terroristic threat, robbery, kidnapping, arsonkidnapping, arson

Completed offenses, threats and Completed offenses, threats and attemptsattempts


A student who purposely, knowingly or A student who purposely, knowingly or recklessly provokes the criminal conduct recklessly provokes the criminal conduct is notis not a victim a victim

A student A student isis a victim of a violent criminal a victim of a violent criminal offense if:offense if:

1)1) A referral has been made to law A referral has been made to law enforcement for suspicion that one of the enforcement for suspicion that one of the violent criminal offenses has occurred; violent criminal offenses has occurred; andand


2)2) One or more of the following applies:One or more of the following applies: The perpetrator of the violent crime has The perpetrator of the violent crime has

been disciplined in accordance with school been disciplined in accordance with school policy; policy; oror

The perpetrator has not been identified or The perpetrator has not been identified or is not enrolled, but it is clear that the is not enrolled, but it is clear that the student was a victim; student was a victim; oror

There is a pre-existing restraining order There is a pre-existing restraining order against the perpetrator; against the perpetrator; oror

Law enforcement officials have filed formal Law enforcement officials have filed formal charges against the perpetrator.charges against the perpetrator.

NJDOE USCO POLICYNJDOE USCO POLICYPersistently Dangerous SchoolsPersistently Dangerous Schools

Schools notified by July 31 each yearSchools notified by July 31 each year Use most current available Electronic Use most current available Electronic

Violence and Vandalism Reporting SystemViolence and Vandalism Reporting System July 2003 seven schools were identified July 2003 seven schools were identified

using 2000, 2001 and 2002 datausing 2000, 2001 and 2002 data Designation does not apply to special Designation does not apply to special

education schools nor schools in education schools nor schools in districts that do not receive NCLB fundsdistricts that do not receive NCLB funds

PERSISTENTLY DANGEROUS PERSISTENTLY DANGEROUS SCHOOLSSCHOOLS

Identification CriteriaIdentification Criteria

Criteria for dangerous:Criteria for dangerous: 7 or more Category A offenses, 7 or more Category A offenses, oror Score of 1 or greater on the index of Score of 1 or greater on the index of

Category B offensesCategory B offenses Criteria for persistent:Criteria for persistent:

Meet criteria for dangerous each year Meet criteria for dangerous each year for three consecutive yearsfor three consecutive years


Parental NotificationParental Notification

PDSs must inform all parents of enrolled PDSs must inform all parents of enrolled students of the designation and option to students of the designation and option to transfer within 15 calendar days of transfer within 15 calendar days of receiving the NJDOE’s noticereceiving the NJDOE’s notice

Submit compliance documentation to Submit compliance documentation to Regional Offices by August 25Regional Offices by August 25


Transfer OptionTransfer Option

Transfer to a safe school within the district Transfer to a safe school within the district making AYP and not in need of making AYP and not in need of improvement, if possibleimprovement, if possible

Complete transfers by the beginning of the Complete transfers by the beginning of the school yearschool year


Corrective Action PlansCorrective Action Plans

Due September 30 to Regional OfficeDue September 30 to Regional Office Describe how the school will reduce the Describe how the school will reduce the

number of violent incidentsnumber of violent incidents Include performance indicators, Include performance indicators,

measurable targets and activitiesmeasurable targets and activities Coordinate with Title IV applicationCoordinate with Title IV application


Early WarningEarly Warning

Effective 2004Effective 2004 Schools that meet criteria for two Schools that meet criteria for two

consecutive yearsconsecutive years Notification by August 15Notification by August 15 CAPs due September 30CAPs due September 30

OTHER RELATED AREASOTHER RELATED AREASAnti Intimidation, Harassment and Anti Intimidation, Harassment and

Bullying PolicyBullying Policy Enacted September 6, 2002Enacted September 6, 2002 NJDOE must develop and issue a model NJDOE must develop and issue a model

policy applicable to grades K - 12, by policy applicable to grades K - 12, by December 1, 2002December 1, 2002

Each district must develop in cooperation Each district must develop in cooperation with the community and adopt by with the community and adopt by September 1, 2003, a policy prohibiting September 1, 2003, a policy prohibiting harassment, intimidation and bullying on harassment, intimidation and bullying on school property, at school-sponsored school property, at school-sponsored functions and on school busesfunctions and on school buses

OTHER RELATED AREASOTHER RELATED AREASViolence and Vandalism ReportingViolence and Vandalism Reporting N.J.S.A. 18A: 17-46N.J.S.A. 18A: 17-46 amended January 2, amended January 2,

20022002 Any school employee observing or having Any school employee observing or having

direct knowledge of an act of violence direct knowledge of an act of violence must report the incident as required by the must report the incident as required by the Commissioner of EducationCommissioner of Education Electronic Violence and Vandalism Electronic Violence and Vandalism

Reporting System (EVVRS)Reporting System (EVVRS)

OTHER RELATED AREASOTHER RELATED AREASViolence and Vandalism ReportingViolence and Vandalism Reporting

Annually, the Superintendent must report to the Annually, the Superintendent must report to the Board of Education at a public meeting the third Board of Education at a public meeting the third week in Octoberweek in October Hearing must be transcribed, kept on file and sent Hearing must be transcribed, kept on file and sent

to NJDOE by November 1to NJDOE by November 1 Verification of the violence and vandalism (EVVRS) Verification of the violence and vandalism (EVVRS)

reports must be part of NJDOE monitoringreports must be part of NJDOE monitoring State Board adopted regulations effective August State Board adopted regulations effective August

2003 that impose a penalty on school employees 2003 that impose a penalty on school employees that knowingly falsify the reportthat knowingly falsify the report

OTHER RELATED AREASOTHER RELATED AREASSchool Violence Awareness WeekSchool Violence Awareness Week

N.J.S.A. 18A: 36-5.1 enacted January 2, N.J.S.A. 18A: 36-5.1 enacted January 2, 20022002

School districts are required to observe the School districts are required to observe the third week in October by organizing activities third week in October by organizing activities to prevent school violenceto prevent school violence

NJDOE must provide guidelines and NJDOE must provide guidelines and informationinformation

The public hearing on EVVRS reports must The public hearing on EVVRS reports must be held this weekbe held this week

OTHER RELATED AREASOTHER RELATED AREASPrograms to Support Student Programs to Support Student Development Development (N.J.A.C. 6A:16)(N.J.A.C. 6A:16)

Substance abuse interventionSubstance abuse intervention School safety including: Codes of student School safety including: Codes of student

conduct and violence, vandalism and conduct and violence, vandalism and substance abuse reportingsubstance abuse reporting

Memorandum of Agreement with Law Memorandum of Agreement with Law EnforcementEnforcement

Intervention and referral servicesIntervention and referral services Requirements for district policiesRequirements for district policies

TITLE IV-SDFSCA TITLE IV-SDFSCA Program RequirementsProgram Requirements

SDFSCA funds must be used to develop, SDFSCA funds must be used to develop, implement and evaluate comprehensive implement and evaluate comprehensive programs, services and activities, that:programs, services and activities, that: Are coordinated with other school- and Are coordinated with other school- and

community-based services and community-based services and programs;programs;

Foster a safe and drug-free learning Foster a safe and drug-free learning environment that supports academic environment that supports academic achievement; achievement;

TITLE IV-SDFSCA TITLE IV-SDFSCA Program RequirementsProgram Requirements

Are consistent with the Principles of Are consistent with the Principles of Effectiveness; andEffectiveness; and

Are supported by scientifically based Are supported by scientifically based research that provides evidence that the research that provides evidence that the program to be used will reduce violence program to be used will reduce violence and illegal drug use.and illegal drug use.

TITLE IV-ATITLE IV-APrinciples of EffectivenessPrinciples of Effectiveness

All funded activities must follow these All funded activities must follow these planning principles: planning principles:

Assessment of objective dataAssessment of objective data Performance measuresPerformance measures Evidence of program effectivenessEvidence of program effectiveness Analysis of dataAnalysis of data Meaningful parent involvementMeaningful parent involvement

TITLE IV-ATITLE IV-AWaiversWaivers

LEAs may request a waiver of the Title IV-A LEAs may request a waiver of the Title IV-A science-based requirement if:science-based requirement if: The requested program is proven The requested program is proven

effective in achieving measurable effective in achieving measurable outcomes; oroutcomes; or

The LEA provides sufficient research-The LEA provides sufficient research-based evidence demonstrating that the based evidence demonstrating that the program has a substantial likelihood of program has a substantial likelihood of success in achieving measurable success in achieving measurable outcomes.outcomes.

TITLE IV-ATITLE IV-AWaiversWaivers

In all instances, the evidence provided must In all instances, the evidence provided must clearly show that the program:clearly show that the program: Can achieve the measurable performance Can achieve the measurable performance

indicator(s) and performance target(s) in indicator(s) and performance target(s) in the Title IV-A Program Planthe Title IV-A Program Plan

Is based on the LEAs priority needsIs based on the LEAs priority needs Will fulfill all of the Title IV-A requirementsWill fulfill all of the Title IV-A requirements

NJDOE ASSISTANCENJDOE ASSISTANCE

Ongoing and targeted technical assistanceOngoing and targeted technical assistance Annual trainingAnnual training Guidance documentsGuidance documents Consultant contractsConsultant contracts Additional school safety initiatives Additional school safety initiatives

described online at described online at www.state.nj.us/njded/schools/vandvwww.state.nj.us/njded/schools/vandv

WHAT SHOULD DISTRICTS BE WHAT SHOULD DISTRICTS BE DOING?DOING?

Report incidents on EVVRS consistent Report incidents on EVVRS consistent with definitions and scenarioswith definitions and scenarios Maintain EVVRS forms as a record of Maintain EVVRS forms as a record of

incidentsincidents Use data to determine priority needsUse data to determine priority needs Update Memorandum of Agreement Update Memorandum of Agreement

between Education and Law Enforcementbetween Education and Law Enforcement Evaluate Student Code of Conduct in Evaluate Student Code of Conduct in

relation to EVVRS and new requirementsrelation to EVVRS and new requirements

WHAT SHOULD DISTRICTS BE WHAT SHOULD DISTRICTS BE DOING?DOING?

Use Title IV and other resources to Use Title IV and other resources to implement research-based programs that implement research-based programs that have proven effective to address the have proven effective to address the identified problemidentified problem

Attend trainings, use guidance and call Attend trainings, use guidance and call NJDOE with questionsNJDOE with questions

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