[Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Notices]
[Page 35671-35672]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn03-57]
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DEPARTMENT OF EDUCATION
Elementary and Secondary Education Act; Unsafe School Choice
Option; Final Deadlines for Implementation
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of final deadlines for implementation.
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SUMMARY: The Deputy Under Secretary for Safe and Drug-Free Schools
establishes deadline dates for implementation of the Unsafe School
Choice Option (USCO) requirements, under section 9532 of the Elementary
and Secondary Education Act (ESEA) of 1965, as amended by the No Child
Left Behind Act of 2001. This notice establishes deadlines by which
each State must identify persistently dangerous schools, as well as
offer students attending a persistently dangerous school and students
who are victims of a violent criminal offense while on school property
the opportunity to transfer to a safe school.
The notice of final deadlines for implementation is effective June
16, 2003.
FOR FURTHER INFORMATION CONTACT: Kristen Hayes, U.S. Department of
Education, 400 Maryland Ave., SW., Room 3E340, Washington, DC 20202-
6123. Telephone: (202) 708-9431. Or via Internet: Kristen.Hayes@ed.gov. If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: These final deadlines implement the Unsafe
School Choice Option (USCO), section 9532 of the Elementary and
Secondary Education Act as amended by the No Child Left Behind Act of
2001 (Pub. L. 107-110), enacted January 8, 2002.
On April 7, 2003, the Deputy Under Secretary published a notice of
proposed deadlines for final implementation (notice of proposed
deadlines) for this provision in the Federal Register (68 FR 16789).
In the notice of proposed deadlines, the Deputy Under Secretary
proposed two deadlines for timely implementation of the USCO provision.
The notice of proposed deadlines proposed (1) requiring each State to
identify those schools that meet its definition of a persistently
dangerous school by July 1, 2003, and each July 1st thereafter; and (2)
requiring each State to allow students attending a persistently
dangerous public elementary or secondary school and students who are
victims of a violent criminal offense the opportunity to transfer to a
safe school by the start of the 2003-2004 school year and each start of
the school year thereafter.
This notice of final deadlines for implementation contains
significant changes that are fully explained in the Analysis of
Comments and Changes elsewhere in this notice.
Analysis of Comments and Changes
In response to the Deputy Under Secretary's invitation to comment
in the notice of proposed deadlines, 13 parties submitted comments. Six
of the commenters addressed the issue of the deadlines proposed in the
notice of proposed deadlines. Following is an analysis of the comments
and changes the Department has made in the deadlines since publication
of the notice of proposed deadlines.
We group major issues according to subject. Generally, we do not
address technical and other minor changes. We also do not address
suggested changes that the law does not authorize the Secretary to
make.
Deadline for Identifying Persistently Dangerous Schools
Comments: Six commenters requested the July 1, 2003 and each July
1st thereafter deadline for labeling schools persistently dangerous be
reconsidered. Four commenters proposed deadlines between July 15 and
August 15; one commenter proposed a flexible timeframe of July 1-
September 30, and the other commenter felt that the July 1 deadline was
too soon, but did not propose a specific date.
Some of these commenters objected to the July 1st deadline because
they believed it would not provide States with a sufficient amount of
time to collect and analyze the most recent school year's data by July
1st. Others contended that the deadline might force a State to omit its
most recent school year's data in identifying persistently dangerous
schools, and therefore not recognize improvements in the school's
environment that were made in the most recent school year.
Discussion: We agree that the July 1 implementation date could have
had a negative impact on the States' ability to utilize the most recent
school year's data in identifying persistently dangerous schools. It
could also have been difficult for some States to complete analysis of
the data by July 1.
Changes: In response to these comments, the Deputy Under Secretary
establishes a final deadline requiring each State to identify schools
that meet its definition of a persistently dangerous school in
sufficient time to permit local educational agencies (LEAs) to offer
students in schools identified as persistently dangerous the option to
transfer to a safe school at least 14 calendar days before the start of
the 2003-2004 school year, and each school year thereafter.
Deadline for Offering Students Opportunity To Transfer
Comments: We received three comments pertaining to the proposed
start of school year deadline for transferring students who attend a
persistently dangerous school or students who are victims of a violent
criminal offense to transfer to a safe school. Two commenters stated
that this deadline was feasible. One commenter proposed the effective
date of student transfers be changed to October 1st of each year, at
the earliest, to allow
[[Page 35672]]
schools and parents sufficient time to prepare and respond to the
requirements of the USCO provision.
Discussion: We believe a deadline for offering the transfer option
to students attending a persistently dangerous school must
appropriately balance the concerns of the States and local educational
agencies with the needs of the individual students attending a
persistently dangerous school or who are the victims of a violent
criminal offense at school. Notification of the option to transfer to a
safe school at the start of the school year would result in students
not being able to transfer to a safe school until after the school year
has begun. We believe that the benefits of having students transfer in
advance of the school year include greater continuity and an easier
transition for the students.
Changes: The Deputy Under Secretary establishes a deadline
requiring each LEA to offer students who attend persistently dangerous
schools the opportunity to transfer to a safe school at least 14
calendar days before the start of the 2003-2004 school year. This
deadline will also apply in each school year thereafter. The Deputy
Under Secretary also establishes a deadline requiring each local
educational agency to offer students who are victims of violent
criminal offenses while at school or on school grounds the opportunity
to transfer to a safe school beginning at the start of the 2003-2004
school year. This deadline will also apply in each school year
thereafter.
Final Deadlines
The Deputy Under Secretary establishes a final deadline requiring
each State to identify schools that meet its definition of a
persistently dangerous school in sufficient time to permit LEAs to
offer students in schools identified as persistently dangerous the
option to transfer to a safe school at least 14 calendar days before
the start of the 2003-2004 school year. This deadline will also apply
in each school year thereafter.
The Deputy Under Secretary establishes a final deadline requiring
each LEA to offer students who attend persistently dangerous schools
the opportunity to transfer to a safe school at least 14 calendar days
before the start of the 2003-2004 school year. This deadline will also
apply in each school year thereafter. The Deputy Under Secretary also
establishes a deadline requiring each LEA to offer students who are
victims of violent criminal offenses while at school or on school
grounds the opportunity to transfer to a safe school beginning at the
start of the 2003-2004 school year. This deadline will also apply in
each school year thereafter.
We recognize that the start of the school year will vary from LEA
to LEA. The opportunity to transfer provided by USCO must be offered to
affected students at least 14 calendar days before the start of the
school year in their LEA. Changes to this policy, consistent with
statutory requirements and these deadlines, may be made as needed by
the State.
Waiver of Delayed Effective Date
Under the Administrative Procedures Act (5 U.S.C. 553), the
Secretary generally establishes an effective date for regulations 30
days after the final notice appears in the Federal Register. Due to the
changes postponing the implementation dates in this notice of final
implementation, and the seriousness of attending a persistently
dangerous school or being a victim of a violent criminal offense, the
Secretary waives the delayed effective date for good cause under 5
U.S.C. 533(d)(3).
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
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Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number does not apply.)
Program Authority: 20 U.S.C. 7912.
Dated: June 11, 2003.
Eric Andell,
Deputy Under Secretary for Safe and Drug-Free Schools.
[FR Doc. 03-15156 Filed 6-13-03; 8:45 am]
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