FDD - ADMISSIONS: SCHOOL SAFETY TRANSFERS

SCHOOL SAFETY CHOICE OPTION

TEA shall establish and implement a statewide policy requiring that a student be allowed to attend a safe public elementary or secondary school within a district, including a public charter school, if the student:

• Attends a persistently dangerous public elementary or secondary school, as defined by TEA; or
• Becomes a victim of a violent criminal offense, as determined by state law, while in or on the grounds of the public elementary or secondary school that the student attends.

No Child Left Behind Act of 2001, 20 U.S.C. 7912

SEXUAL ASSAULT TRANSFER

For the purposes of the following provisions:

• "Assailant" means a student who has been adjudicated for a sexual assault or aggravated sexual assault if the assault was committed against another student who, at the time of the offense, was assigned to the same campus as the assailant, regardless of whether the conduct occurred on or off of school property.
• "Victim" means the victim of the sexual assault.

Transfer of Assailant

On the request of a parent or other person with authority to act on behalf of the victim of the sexual assault, the Principal shall transfer the assailant to the School's disciplinary alternative education program.

To the extent permitted under federal law, the Principal shall notify the parent or other person with authority to act on behalf of the victim that the assailant has been assigned to the School's disciplinary alternative education program.

Education Code 25.034 does not apply to a transfer under this provision.

Education Code 25.0341

Adopted: 9/22/06

Amended:

Reviewed: