5 CSR 50-355.100 Persistently
Dangerous Schools
PURPOSE:
This rule will be used in Missouri to establish state compliance with the
federal requirement set forth in the No Child Left Behind Act of 2001, and
to determine if any Missouri public elementary and secondary schools are
"persistently dangerous."
(1)
The following definition(s) apply to this rule:
(A)
Expulsions are defined as removal from school by local board action for an
indefinite period of time unless the student is reinstated by the local
board of education.
(B)
A victim is a student who suffered a personal injury or injury to his or
her property as a direct result of a violent criminal offense. The
definition of victim does not include bystanders or witnesses to the act
or friends or classmates of the victim unless they, too, suffered personal
or property injury as a direct result of a violent criminal offense.
(2)
A
Missouri public elementary or secondary school is persistently dangerous if
the following conditions exists:
(A)
In each of three (3) consecutive years:
1. The
school has a federal and/or state gun-free schools violation; or
2. A
violent criminal offense as set forth below is committed on school
property which includes but is not limited to school buses or school
activities; and
(B)
In any two (2) years within the
three (3)-year period listed above, the school experienced expulsions by
local board action, for drug, alcohol, weapons or violence that exceed one
(1) of the following rates:
1. More
than five (5) expulsions per year for a school of less than two hundred
fifty (250) students;
2. More
than ten (10) expulsions per year for a school of more than two hundred
fifty (250) students but less than one thousand (1,000) students; or
3. More
than fifteen (15) expulsions per year for a school of more than one
thousand (1,000) students.
(3) A student shall be allowed to attend a safe
public school within the district, if that student is enrolled in a
persistently dangerous school as defined above or becomes a victim of a
violent criminal offense while on school property which includes but is not
limited to school buses or school activities.
(4) For the purpose of determining a
persistently dangerous school, a “violent criminal offense” shall be any
offense that would require school administrators to, as soon as reasonably
practical, notify the appropriate law enforcement agency pursuant to section
160.261, RSMo. Violent criminal offenses shall be reported by the school
district to the Department of Elementary and Secondary Education (DESE)
through Core Data. Violent criminal offenses are as follows:
(A) Murder
1st Degree under section 565.020, RSMo;
(B) Murder
2nd Degree under section 565.021, RSMo;
(C) Kidnapping
under section 565.110, RSMo;
(D) Assault
1st Degree under section 565.050, RSMo;
(E) Forcible
Rape under section 566.030, RSMo;
(F) Forcible
Sodomy under section 566.060, RSMo;
(G) Burglary
1st Degree under section 569.160, RSMo;
(H) Burglary
2nd Degree under section 569.170, RSMo;
(I) Robbery
1st Degree under section 569.020, RSMo;
(J) Distribution
of Drugs under section 195.211, RSMo;
(K) Distribution
of Drugs to a Minor under section 195.212, RSMo;
(L) Arson
1st Degree under section 569.040, RSMo;
(M) Voluntary
Manslaughter under section 565.023, RSMo;
(N) Involuntary
Manslaughter under section 565.024, RSMo;
(O) Assault
2nd Degree under section 565.060, RSMo;
(P) Sexual
Assault under section 566.040, RSMo;
(Q) Felonious
Restraint under section 565.120, RSMo;
(R) Property
Damage 1st Degree under section 569.100, RSMo;
(S) Possession
of a Weapon under chapter 571, RSMo;
(T) Child Molestation 1st Degree under section 566.067, RSMo;
(U) Deviate
Sexual Assault under section 566.070, RSMo;
(V) Sexual
Misconduct Involving a Child under section 566.083, RSMo; and/or
(W) Sexual
Abuse under section 566.100, RSMo.
(5) For the
purpose of determining when a student has been a victim of a violent
criminal offense eligible to transfer to a safe school in the district, a
violent criminal offense includes:
(A)
Kidnapping under section 565.110, RSMo;
(B)
Assault 1st Degree under section 565.050, RSMo;
(C)
Forcible Rape under section 566.030, RSMo;
(D)
Forcible Sodomy under section 566.060, RSMo;
(E)
Burglary 1st Degree under section 569.160, RSMo.
(F)
Robbery 1st Degree under section 569.020, RSMo;
(G)
Arson 1st Degree under section 569.040, RSMo;
(H)
Assault 2nd Degree under section 565.060, RSMo;
(I)
Sexual Assault under section 566.040, RSMo;
(J)
Felonious Restraint under
section 565.120, RSMo;
(K)
Property Damage 1st Degree under section 569.100, RSMo;
(L)
Child Molestation 1st Degree under section 566.067, RSMo;
(M)
Deviate Sexual Assault under section 566.070, RSMo;
(N)
Sexual Misconduct Involving a Child under section 566.083, RSMo; and/or
(O)
Sexual Abuse under section 566.100, RSMo;
(6) A Missouri public elementary or
secondary school shall receive technical assistance from DESE staff which
includes but may not be limited to a site visit to work with building and
district staff to prepare and implement a plan to prevent the building from
meeting the criteria for a second year if it has:
(A) In any one (1) year:
1. A
federal or state gun-free schools violation; or
2. A
violent criminal offense, as set forth above, on school property; or
(B) In any one (1) year, expulsions by
local board action for drugs, alcohol, weapons or violence that exceed one
(1) of the following rates:
1. More
than five (5) expulsions for schools of less than two hundred fifty
(250) students;
2. More
than ten (10) expulsions for schools of more than two hundred fifty
(250) students, but less than one thousand (1,000) students; or
3. More
than fifteen (15) expulsions per year for a school of more than one
thousand (1,000) students.
AUTHORITY: sections 160.261, RSMo Supp. 2001, 161.092, RSMo Supp. 2002 and
167.171, RSMo 2000.* Original rule filed Jan. 14, 2003, effective Aug. 30,
2003.
*Original authority: 160.261, RSMo 1985, amended 1987, 1995, 1996, 2000,
2001; 161.092, RSMo 1963, amended 1973, 2002; and 167.171, RSMo 1963,
amended 1969, 1973, 1977, 1986, 1987, 1995, 1996, 1999, 2000.
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