Chapter PI 23

Chapter PI 23

ESEA INTRADISTRICT SAFE SCHOOL TRANSFER OPTIONS

PI 23.01   Authority.

PI 23.02   Applicability and purpose.

PI 23.03   Definitions.

PI 23.04   ESEA intradistrict safe school transfer options.

PI 23.05   Persistently dangerous schools.

PI 23.06   Victims of a violent criminal offense.

PI 23.01 PI 23.01 Authority. This chapter is adopted under ss. 115.28 (9) and 227.11 (2) (a), Stats.

PI 23.01 History History: CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

PI 23.02 PI 23.02 Applicability and purpose.

PI 23.02(1) (1) Section 20 USC 7912 requires that each state receiving funds under the Elementary and Secondary Education Act of 1965 establish and implement a statewide policy requiring that pupils attending a persistently dangerous public school, or pupils who become victims of a violent criminal offense while in or on the grounds of a public school that they attend, be allowed to attend a safe public school operated by the local education agency, including a public charter school.

PI 23.02(2) (2) This chapter establishes procedures for all of the following:

PI 23.02(2)(a) (a) Identification of persistently dangerous schools.

PI 23.02(2)(b) (b) Identification of victims of a violent criminal offense.

PI 23.02(2)(c) (c) School board notification and pupil transfer requirements.

PI 23.02 History History: CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

PI 23.03 PI 23.03 Definitions. In this chapter:

PI 23.03(1) (1) “Department” means the Wisconsin department of public instruction.

PI 23.03(2) (2) “ESEA” means the federal Elementary and Secondary Education Act of 1965.

PI 23.03(3) (3) “School board” has the meaning given in s. 115.001 (7), Stats.

PI 23.03(4) (4) “School district” has the meaning given in s. 115.01 (3), Stats.

PI 23.03(5) (5) “School hours” means the hours of a normal school day established by a school board under s. 120.12 (15), Stats.

PI 23.03(6) (6) “Victim” means a person who is the subject of a violent criminal offense.

PI 23.03(7) (7) “Violent criminal offense” means a crime specified in the appendix to this chapter.

PI 23.03 History History: CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

PI 23.04 PI 23.04 ESEA intradistrict safe school transfer options. The school board of a school shall allow a pupil to attend another appropriate grade level public school operated by the school district, including a public charter school, if either of the following applies to the pupil:

PI 23.04(1) (1) The pupil attends a school identified as persistently dangerous by the department under s. PI 23.05 (1).

PI 23.04(2) (2) The pupil has been a victim of a violent criminal offense as specified under s. PI 23.06.

PI 23.04 History History: CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

PI 23.05 PI 23.05 Persistently dangerous schools.

PI 23.05(1) (1) The department shall identify persistently dangerous schools using data collected through the school performance report under s. 115.38 (1) (b) 2., Stats., and upon review of information submitted under sub. (3). If the department determines the school is persistently dangerous, it shall notify the school board of the school in writing within 30 days of receiving the information under sub. (3). The department’s decision under this section shall be final.

PI 23.05 Note Note: The department’s decision is final but does not preclude possible review under subch. III of ch. 227, Stats.

PI 23.05(2) (2) A school may be considered persistently dangerous if the school performance reports under s. 115.38 (1) (b) 2., Stats., indicates that the school meets one of the following criteria:

PI 23.05(2)(a) (a) In each of the 3 school years that immediately precede the current school year, weapon-related suspensions at the school in a school year are greater than 5% of the number of pupils enrolled in the school.

PI 23.05(2)(b) (b) In each of the 3 school years that immediately precede the current school year, the greater of either of the following occurred:

PI 23.05(2)(b)1. 1. The school board of the school expelled in a school year at least 1% of the pupils enrolled in the school for assault, endangering behavior or weapons-related offenses.

PI 23.05(2)(b)2. 2. The school board of the school expelled in a school year 5 or more pupils enrolled in the school for assault, endangering behavior or weapons-related offenses.

PI 23.05(3) (3) The department shall notify in writing the school board of the school that meets the criteria under sub. (2) that the school may be considered persistently dangerous. The notice under this subsection shall be given within 30 days after receiving the data under s. 115.38 (1) (b) 2., Stats. A school board that receives a notice under this subsection shall submit all of the following information to the department within 30 days of receiving the notice:

PI 23.05(3)(a) (a) The school’s safety plan.

PI 23.05(3)(b) (b) Local efforts to address the school’s safety concerns.

PI 23.05(3)(c) (c) Current data the school may have available that is deemed relevant by the school board that is not reflected in the school performance report.

PI 23.05(3)(d) (d) Other information deemed relevant by the department, upon the department’s request.

PI 23.05(4) (4) A school board that has received a notice under sub. (1) shall do all of the following:

PI 23.05(4)(a) (a) Within 10 working days of receiving the notice under sub. (1), notify in writing the parents or guardians of the pupils attending the school that it has been identified as persistently dangerous. The notice shall include an offer to pupils attending the school to transfer to another appropriate grade level public school operated by the school district, including a public charter school.

PI 23.05(4)(b) (b) Within 30 working days of receiving the notice under sub. (1), complete the transfer for those pupils who accept the offer under par. (a).

PI 23.05(4)(c) (c) Within 30 working days of receiving the notice under sub. (1), submit a corrective action plan to the department. Corrective action activities may include, but are not limited to, any of the following:

PI 23.05(4)(c)1. 1. Providing additional personnel to supervise children.

PI 23.05(4)(c)2. 2. Providing conflict resolution instructional programs.

PI 23.05(4)(c)3. 3. Collaborating with local law enforcement agencies.

PI 23.05(4)(c)4. 4. Providing school discipline enforcement training for school staff.

PI 23.05(4)(c)5. 5. Providing additional security measures.

PI 23.05(5) (5) If a school has been identified as persistently dangerous under sub. (1) in the previous school year, the department shall review the school’s performance report data within 30 days after receiving the data under s. 115.38 (1) (b) 2., Stats., and shall request updated information under sub. (3) within 30 days of receiving this updated information. The department shall notify the school that it is no longer considered persistently dangerous if it meets both of the following criteria:

PI 23.05(5)(a) (a) The school no longer meets the criteria specified under sub. (2).

PI 23.05(5)(b) (b) The department has determined the school is no longer persistently dangerous based on a review of updated information submitted under sub. (3).

PI 23.05 History History: CR 02-151: cr. Register July 2003 No. 571, eff. 8-1-03.

PI 23.06 PI 23.06 Victims of a violent criminal offense.