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Safe, Drug and Gun Free Schools



To log-in to the Safe, Drug and Gun Free Schools Web Application,
click here.

The Data Management office handles the data collection and reporting responsibilities of South Dakota student and teacher data, as outlined in SDCL 13-3-51. "It shall be the duty of the secretary of the department of education to establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records for the evaluation of educational progress."

Criteria
The criteria to be used in identifying persistently dangerous schools are:

multiple violent criminal offenses in 2 or more consecutive years , including the most recent school year, as set forth in South Dakota state law, including:
whether committed by or victimizing students, school personnel or non-school personnel;
that occur 24 hrs. a day (not just during school hours);
that occur 12 months a year (not just during the school year);
that occur on school grounds, school property, or school-related and/or school-sponsored events, including buses and sports arenas.

The number of multiple violent criminal offenses used to determine each school’s status as a safe school or a persistently dangerous school shall be calculated according to the following formula:

1 or more violent criminal offenses per 50 students enrolled with a maximum of 10 offenses per year, in 2 consecutive school years shall classify a school as persistently dangerous.

DOE will maintain a list of offenses that the State considers to be “violent criminal offenses” for purposes of the USCO policy. DOE shall use data collected via the annual Safe and Drug/Gun-Free Schools data collection process for purposes of implementing the USCO policy. DOE will annually reassess each school’s status, using the criteria outlined in this policy for identification of persistently dangerous schools.

Required Actions

A South Dakota public school district (LEA) that has one or more schools identified as persistently dangerous must:

1. within 10 school days from the time a school in the district is declared to be a persistently dangerous school, notify parents of each student attending the school that the state has identified the school as persistently dangerous;
2. offer students the opportunity to transfer to a safe public school within the district and, to the extent possible, allow the transferring students to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action, or restructuring; and
3. for those students who accept the offer, complete the transfer within 30 school days.
4. within 20 school days from the time that the district is notified that the school has been identified as persistently dangerous, develop a corrective action plan and submit it to DOE for approval;
5. implement the plan of corrective action in a timely manner and maintain documentation in district files of its actions.

Student transfers under these provisions may be temporary or permanent, but must be in effect as long as the student’s original school is identified as persistently dangerous. If there is not another school in the district for the students who desire to transfer, the district is encouraged, but not required, to explore other appropriate options such as an agreement with a neighboring public school district to accept transfer students. The district is not required to pay transportation costs for transferring students, but is encouraged to explore options to help cover costs.

DOE will review the plan of corrective action, and, if requested, will provide technical assistance as the plan is implemented. DOE will monitor the district’s timely completion of the approved plan.

Upon completion of its planned corrective action, the public school district may apply to DOE in writing to have the school removed from the state’s list of persistently dangerous schools. Upon receipt of an application for removal from the list, DOE will:

* ensure that all corrective actions set forth in the approved plan have been completed;
* reassess the school using the criteria set forth in this policy for the identification of persistently dangerous schools.

Students Who Have Been Victims of a Violent Criminal Offense

In accordance with the South Dakota Unsafe School Choice Option (USCO) policy, a public school district should offer, within 10 calendar days, an opportunity to transfer to a safe public school within the school district to any student who has become the victim of a violent criminal offense while in or on the grounds of the public school that the student attends.

To the extent possible, the public school district should allow the student(s) transferring under these circumstances to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action, or restructuring.

If there is not another safe public school in the public school district, district officials are encouraged, but not required, to explore other appropriate options such as an agreement with a neighboring public school district to accept transfer students. The district is not required to pay transportation costs for transferring students, but is encouraged to explore options to help cover costs.

DEFINITIONS:

Violent Criminal Offenses (as defined in South Dakota codified law)that are a) reported by schools via annual Safe & Drug/Gun Free Schools data collection and b) used by Dept. of Education for identification of “persistently dangerous schools” per federal Unsafe School Choice Option requirements:

- Arson
- Battery (aggravated assault)
- Homicide
- Kidnapping
- Robbery
- Sexual Battery
- Weapon Possession with intent to do harm – Handgun
- Weapon Possession with intent to do harm – Rifle/Shotgun
- Weapon Possession with intent to do harm – Other firearm
- Weapon Possession with intent to do harm – All other weapons

Persistently Dangerous School : a school with multiple violent criminal offenses in 2 or more consecutive years including whether committed by or victimizing students during the most recent school year, as set forth in South Dakota state law, including: a) whether committed by or victimizing students, school personnel or non-school personnel; b) that occur 24 hrs. a day (not just during school hours); c) that occur 12 months a year (not just during the school year); d) that occur on school grounds, school property, or school-related and/or school-sponsored events, including buses and sports arenas.

The number of multiple violent criminal offenses used to determine each school’s status as a safe school or a persistently dangerous school shall be calculated according to the following formula: 1 or more violent criminal offenses per 50 students enrolled with a maximum of 10 offenses per year, in 2 consecutive school years, shall classify a school as persistently dangerous.






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