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5113.02 Policy_Intra-District Safe School Transfers Options

The Board of Education shall allow a student to attend another appropriate grade level public school
within the School District, including a public charter school, if either of the following applies to the
student:
    A. Persistently Dangerous School – The student attends a school identified as persistently dangerous by the
        Department of Public Instruction; or

    B. Victim of Violent Criminal Offense – The student has been a victim of a violent criminal offense under either of
        the two (2) following circumstances and reports the incident to the appropriate law enforcement agency and
        to the building principal:
 
        1. The student has been a victim of a violent criminal offense while on the school grounds that the student
            attends during school hours, or during a school-sponsored event at the school that the student attends
            that does not occur during school hours; or

        2. The student has been a victim of a violent criminal offense while being transported to school for the
            purpose of attending curricular programs during school hours or from school to home immediately following
            school hours on a school bus owned, leased, or contracted by the School District or by a motor vehicle
            operated as an alternative method of transportation under Sec. 121.555, Wis. Stats. For a student who
            has been a victim of a violent criminal offense while being transported to or from a school by a common
            carrier in a School District providing transportation under Sec. 121.54(1), Wis. Stats., the Board shall
            make transfer decisions on a case-by-case basis.

            The Board is not required to offer a transfer to a student who is a victim of a violent criminal offense under
            the following circumstances:
            a. While away from school s/he attends, but during a school sponsored activity or field trip
            b. While traveling on the school bus to or from a school sponsored activity or field trip
            c. While on school grounds of the school s/he attends, but not during school hours or during a school-
                sponsored event
 
If there is not another appropriate grade level public school within the School District, including a public charter school, the Board shall not be required to offer the student the option to transfer.
 
Persistently Dangerous School
 
The Board, upon written notification from the department that a school in the District has been identified as persistently dangerous shall do the following:
 
    A. Within ten (10) working days of receiving the notice provide written notice to the parents or guardians of the
        students attending the school that the school has been identified as persistently dangerous and that
        students attending the school may transfer to another appropriate grade level public school operated by the
        School District, including a public charter school.
 
    B. Within thirty (30) working days of receiving the notice, complete the transfer of those students who accept
        the offer to be transferred.
 
    C. Within thirty (30) days of receiving the notice submit to the department the school’s safety plan, a summary
        of local efforts to address the school’s safety concerns, current available data deemed relevant by the Board
        that is not reflected in the school performance report and, upon the Department’s request, other information
        deemed relevant by the Department.
 
    D. Within thirty (30) working days of receiving the notice submit a corrective action plan to the Department
        including, for example, the following corrective actions:

        1. Providing additional personnel to supervise children

        2. Providing conflict resolution instructional programs
 
        3. Collaborating with local law enforcement agencies
 
         4. Providing school discipline enforcement training for school staff
 
         5. Providing additional security measures
 
Upon receipt of notice from the Department that a school is no longer persistently dangerous, the Board shall notify parents and guardians of students that the Department no longer considers the school persistently dangerous.
 
 
Victims of a Violent Criminal Offense
 
The Board, or the Board’s designee, upon written notification from a student to a building principal that s/he has been the victim of a violent criminal offense, shall, within ten (10) working days of the report of the incident determine, in consultation with law enforcement officers (if necessary) and the building principal, if the incident is a
violent criminal offense under the Appendix to P.I. 23. The alleged offender need not be convicted for the Board to
find that a violent criminal offense has occurred. If the incident is a violent criminal offense, the Board shall also do the following:
 
    A. Within ten (10) working days of the report of the incident notify in writing the parents or guardians of the
        student of the choice to transfer to another appropriate grade level public school operated by the School
        District, including a public charter school.
 
    B. Within thirty (30) working days of the student accepting the offer to transfer, complete the transfer.
 
This policy is implemented pursuant to the Elementary and Secondary Education Act of 1965 and Department of Public Instruction Administrative Rule, Section P.I. 23 – ESEA Intra-District Safe School Transfer Options. The provisions of this policy are intended to comply with P.I. 23. To the extent that this policy is ambiguous or inconsistent with P.I. 23, P.I. 23 shall govern.

 
20 U.S.C. 7912
Wis. Admin. Code § P.I. 23
Approved/Adopted:  July 13, 2009
ĉ
Shari Weinstock,
Aug 8, 2011, 7:48 AM