V-44: Transfer of Victims of Violent Offenses

North Sanpete School District
Statement of .............

Board Policy with Guidelines

Policy Number: V-44
Effective Date: 09/14/2004
Revised Date:

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Subject: Transfer of Victims of Violent Offenses 

BOARD POLICY

The North Sanpete School Board will provide a safe learning environment.

Violent criminal offense - is any one of the following offenses, where the offense has been reported to law enforcement and has been charged by prosecutorial authority:

1. attempted criminal homicide under Utah Code Ann. § 76-5-201 and 76-4101;
2. rape Utah Code Ann. 76-5-402, 76-5-404.1, 76-5-402.2, or 76-5-402.3;
3. aggravated sexual assault Utah Code § 76-5-405;
4. forcible sexual abuse Utah Code ann. § 76-5-404;
5. aggravated sexual abuse of a child Utah Code Ann. § 76-5-404-1;
6. aggravated assault Utah Code Ann. § 76-5-103;
7. robbery Utah code Ann. § 76-6-301.

Utah Admin. Rules R.277-483-1L (2003)

Student Victim – “Student Victim" is a student who is the object of a violent criminal offense which occurs on the property of the district school which the student attends.

Utah Admin. Rules R.277-433-IK (2003)

Available Non-Dangerous School - a public, district-operated school other than the school where the offense occurred, which offers instruction at the student's grade level and which has not been designated, by the State Board of Education as a persistently dangerous school. An available non-dangerous school can include a school in another district where the student's home district facilitates the student's application to transfer to the other district.

GUIDELINES

1. As soon as reasonably possible following the receipt of official notice from law enforcement or juvenile court that a charge or an adjudication has been made of a violent criminal offense against a student, the district shall notify the student victim and his or her parent(s)/guardian(s) of available non dangerous schools in the district, shall give notice that there are no other available non-dangerous schools within the district.
2. The superintendent or his designee will, within the following 15 school days, of official notification, send a notice to parents/guardians of a student victim that it will be making a determination regarding what transfer school or alternative instruction it will make available. Any requests or information that the student or his or her parent(s) or guardian(s) wish to have considered by the district in making its determination must be submitted to the district within 10 school days of the notice.
3. Within 15 school days of providing notice regarding available non-dangerous schools, the district will select a public, district-operated school in the district or outside of the district boundaries. If a school outside of the district boundaries is elected, the
   "home" district will obtain the agreement of the transfer district to accept the student. If the district is unable to obtain an agreement with another district for a transfer school, the home district will offer to provide homebound instructional services to the student. Utah Admin. Rules R.277-483-78 (2003)
4. The district is not responsible to provide for the transportation of a student transferring under this poIicy. Utah Admin. Rules R.277-433-108 (2003)
5. A student victim or the student's parent(s) or guardian(s) may appeal the district's determination of the transfer school or instructional alternative to be provided through the procedure set forth in Policy V-9 Open Enrollment. Utah Admin. Rules R.277-483- 98 (2003)
6. A copy of the Utah Administrative Rules cited in this policy can be obtained at the North Sanpete School District Office.