**UNSAFE SCHOOL CHOICE OPTION POLICY**

**New Jersey Department of Education**

**Issued June 30, 2003**

**Reissued July 2006**

**Statutory Requirement**

The Unsafe School Choice Option provision (*Title IX, Part E, Subpart 2,
SEC. 9532*) under the federal *No Child Left Behind Act (NCLB) of 2001*
sets forth the following:

> "Each State receiving funds under this Act shall establish and
> implement a statewide policy requiring that a student attending a
> *persistently dangerous public elementary school or secondary school*,
> as determined by the State in consultation with a representative
> sample of local educational agencies, or who becomes a *victim of a
> violent criminal offense, as determined by State law*, while in or on
> the grounds of a public elementary school or secondary school that the
> student attends, be allowed to attend a safe public elementary school
> or secondary school within the local educational agency, including a
> public charter school." *(italics added)*

The intent of the statute and the New Jersey Department of Education's
(NJDOE) policy is to provide safety and security for students and to
prevent unnecessary or extended interruptions to student learning.

**Overview**

The statute cited above contains two provisions that apply to local
educational agencies (LEAs) receiving funds under NCLB: 1) Persistently
dangerous schools; and 2) Victims of violent criminal offenses. The
required policy for these school safety requirements are provided below.

Specifically, effective the beginning of each school year (**by**
**September 5 in 2006)**, LEAs receiving NCLB funds must be prepared to
complete the transfer of students who choose to exercise Provision I and
Provision II of the Unsafe School Choice Option (USCO) policy set forth
below. Compliance with the policy is a condition of receiving funds
under any and all titles under NCLB. Chief school administrators will be
required to certify compliance with the USCO policy of the NJDOE in
their applications for NCLB funds.

**USCO POLICY PROVISION I**

**PERSISTENTLY DANGEROUS SCHOOLS**

**Introduction**

A persistently dangerous school is a public elementary or secondary
school building (except for Regional Day Schools, Educational Services
Commissions and Special Services School Districts) that meets the
objective criteria described below for three consecutive years
[and]{.underline} is part of an LEA that receives funds under NCLB. The
NJDOE will use the most current available data from the Electronic
Violence and Vandalism Reporting System (EVVRS) to identify persistently
dangerous schools on or before **July 31** of each year, in compliance
with federal regulations (68 FR 16789).

**Types of Violent Incidents for Determining Persistently Dangerous
Schools**

Incidents of violence include the following acts, as defined in the
Incident Detail section of the EVVRS User Manual.

[Category A]{.underline} offenses are as follows:

1.  A firearms offense set forth by New Jersey statute in accordance
    with the federal Gun-Free Schools Act

2.  An aggravated assault upon a student

3.  An assault with a weapon upon a student

4.  Any assault upon a member of the school district staff

[Category B]{.underline} offenses are as follows:

1.  Simple Assault on a student

2.  Possession or sale of a weapon other than a firearm

3.  Gang Fight

4.  Robbery or Extortion

5.  Sex Offense

6.  Terroristic Threat (Note: While threats continue to be reported on
    the EVVRS, terroristic threats are being reported beginning with the
    2003-2004 school year. Appropriate combinations of threat and
    terroristic threat data will be used until 2006 when three
    consecutive years of terroristic threat data will be available. In
    2006 and thereafter, only terroristic threat data will be used.)

7.  Arson

8.  Sale and Distribution of Drugs (excluding possession with intent)

9.  Harassment and Bullying

**Criteria for Determining Persistently Dangerous Schools**

The following criteria will be used by the NJDOE to determine a
persistently dangerous school. A school that meets any of the two
criteria in each of three consecutive school years [and]{.underline} is
part of an LEA that receives federal funds under NCLB will be determined
to be persistently dangerous.

-   The school has seven or more Category A offenses;

**[or]{.underline}**

-   The school has a score of 1.0 or greater on the index of Category B
    offenses where the index is defined as the result of dividing the
    number of Category B offenses by the square root of the school's
    enrollment.

**Procedures and Guidelines for Schools Determined to be Persistently
Dangerous**

When schools are identified as persistently dangerous by the NJDOE, the
LEAs will be notified of the designation on or before **July 31** of
each year. Once the LEAs receive notification, the LEAs **must inform
all parents** of enrolled students of the designation within **fifteen**
**calendar days** of the date of the notice and offer them the option
for their children to transfer to a safe public school within the LEAs
by the **beginning of the respective school year**. LEAs must
**complete** all transfers **by the beginning of the school year**
following the July notification.

Students are not required to accept the transfer option, but they must
be afforded the opportunity to do so. Parental notice regarding the
status of the schools and the offer to transfer students should be made
simultaneously. Parents of enrolled students must be notified of the
persistently dangerous designation whether or not there is another
school in the LEAs for the transferring students.

To the extent possible, LEAs should allow transferring students to
transfer to schools that are making adequate yearly progress and have
not been identified as being in need of school improvement, corrective
action or restructuring. LEAs are encouraged to take into account the
needs and preferences of the affected students and parents.

**Corrective Action Plans for Schools Identified as Persistently
Dangerous**

For schools identified as persistently dangerous, LEAs are required to
submit to the NJDOE on or before **August 25** **documentation of
compliance with the parent notification requirement and actions taken**
to complete the transfer arrangements for all students exercising the
option **by the** **first day of the school year**. Additionally, LEAs
are required to develop and submit for approval **corrective action
plans** to the NJDOE on or before **September 30** of the same year,
which will apply to the respective school year. The corrective action
plans, which **must be completed in the format provided by the NJDOE**,
will describe how the schools will reduce the number of incidents of
violence as determined by the EVVRS. The NJDOE will provide schools with
guidance for their corrective action plans, as well as monitor schools'
timely completion of the approved plans.

In the spring of each following year, the NJDOE will reevaluate the
status of the schools identified as persistently dangerous. The NJDOE
will review the schools' progress towards completing their corrective
action plans and compare the current year's incidents of violence, as
reported on the EVVRS, to the criteria for determining persistently
dangerous schools (PDS). Schools identified as maintaining the
persistently dangerous designation will be notified by the NJDOE on or
before **July 31** of the respective year and will be required to submit
for approval revised corrective action plans by **September 30** of that
year, which will apply to the respective school year. LEAs **must inform
all parents** of enrolled students of the designation within **fifteen**
**calendar days** of the date of the notice and offer them the option
for their children to transfer to safe public schools **by the beginning
of the respective school year**, in accordance with the Procedures and
Guidelines for Schools Determined to be Persistently Dangerous described
above.

Schools no longer designated persistently dangerous will be notified on
or before **July 31** of the respective year. The persistently dangerous
designation will be removed after one or more years contingent upon
successful fulfillment of the criteria for removal, as determined by and
in accordance with guidance provided by the NJDOE.

**Procedures and Guidelines for Early Warning of Schools**

Effective in 2004, when schools fulfill the criteria set forth in this
policy for two consecutive years, the LEAs will be notified of their
pattern of offenses on or before **August 15** of each year. LEAs are
required to develop and submit for approval **school safety plans** to
the NJDOE on or before **September 30** of the same year, which will
apply to the respective school year. The school safety plans, which
**must be completed in the format provided by the NJDOE**, will describe
how the schools will reduce the number of incidents of violence as
determined by the EVVRS. The NJDOE will provide the schools with
guidance for their school safety plans, as well as monitor schools'
timely completion of the approved plans. The schools become a top
priority for intensified district support for research-based programs
and technical assistance. **Schools receiving an "early warning" notice
are *not* required to provide the transfer option to students.**

In the spring of each following year, the NJDOE will reevaluate the
schools' progress towards completing their school safety plans and
compare the current year's incidents of violence, as reported on the
EVVRS, to the criteria for determining persistently dangerous schools.
Schools will be notified of their status on or before **July 31** of the
respective year.

Schools that have successfully completed their school safety plans and
reported violent incidents that no longer meet the Criteria for
Determining Persistently Dangerous Schools described above for one
school year, the year in which the school safety plans were in effect,
will no longer be required to submit a school safety plan.

Schools that do not successfully complete their school safety plans and
that meet the criteria set forth in this policy for a third consecutive
year will be designated as persistently dangerous and required to submit
for approval corrective action plans on or before **September 30** of
that year, which will apply to the respective school year, and provide
the transfer option to students in the schools designated as
persistently dangerous.

**Schools Not Receiving NCLB Funds but Meeting the Criteria for PDS**

School buildings and districts that are not part of an LEA that receives
federal funds under NCLB but meet any one of the criteria for
persistently dangerous schools will be contacted by the NJDOE and
required to develop and submit for approval **school safety plans** on
or before **September 30** of the respective year. The school safety
plans must be **completed in the format provided by the NJDOE** and
describe how the schools will reduce the number of incidents of violence
as determined by the EVVRS. The NJDOE will provide schools with guidance
for their school safety plans, as well as monitor schools' timely
completion of the approved plans.

**Special Schools Meeting the Criteria for PDS**

Regional Day Schools, Special Services Districts and Educational
Services Commissions that meet any one of the criteria for persistently
dangerous schools will not be identified as such but will be contacted
by the NJDOE and required to develop and submit for approval **school
safety plans** on or before **September 30** of the respective year. The
school safety plans must be **completed in the format provided by the
NJDOE** and describe how the schools will reduce the number of incidents
of violence as determined by the EVVRS. The NJDOE will provide schools
with guidance for their school safety plans, as well as monitor schools'
timely completion of the approved plans.

**USCO POLICY PROVISION II**

**VICTIMS OF VIOLENT CRIMINAL OFFENSES**

**Introduction**

The Unsafe School Choice Option provision (*Section 9532 of Title IX*)
under the *No Child Left Behind Act (NCLB) of 2001* sets forth, in part,
the following which applies to all school buildings that are a part of
an LEA that receives federal funds under NCLB:

> "... a student ... who becomes a *victim of a violent criminal
> offense*, as determined by *State law*, while in or on the grounds of
> a public elementary school or secondary school that the student
> attends, be allowed to attend a safe public elementary school or
> secondary school within the local educational agency, including a
> public charter school." *(italics added)*

The individual victim policy attempts to fulfill the requirement for
LEAs to provide relief to students who have been victimized, while
providing schools with a *practical* means for making determinations on
incidents of victimization that are within the purview of LEAs. The
individual victim policy has been crafted to enable school staff to make
reasonable determinations and actions regarding the policy. LEAs are
strongly encouraged, however, to consult with their school board
attorneys and communicate with designated local and/or county law
enforcement authorities, per the provisions of the *Uniform State
Memorandum of Agreement Between Education and Law Enforcement Officials*
and *N.J.A.C. 6A:16-6.2(b)13*, on questions and issues that arise in the
implementation of the individual victims of violent criminal offenses
policy. A copy of the model *Uniform State Memorandum of Agreement
Between Education and Law Enforcement Officials* may be obtained at the
following web site: <http://www.state.nj.us/lps/dcj/pdfs/agree.pdf>.

**Criteria for Determining Victims of Violent Criminal Offenses**

The following criteria **must be used to determine when an enrolled
student has become a victim of a violent criminal offense** while in or
on the grounds of a public elementary or secondary school that the
student attends. These criteria only apply to a student who has become a
victim of one or more of the violent criminal offenses enumerated below.

A student is considered a victim of a violent criminal offense when:

1\) A referral has been made to law enforcement officials for suspicion
that one of the violent criminal offenses enumerated below has occurred;
**[and]{.underline}**

2\) One or more of the following applies:

-   Law enforcement officials have filed formal charges against the
    perpetrator(s) for commission of the violent crime; [or]{.underline}

-   The perpetrator(s) of the violent crime has been disciplined in
    accordance with school policy; [or]{.underline}

-   The perpetrator(s) of the violent crime either has not been
    identified or is not an enrolled student(s), but it is clear that
    the student (victim) has become a victim of a violent criminal
    offense based on objective indicators such as physical evidence,
    eyewitness testimony, and/or circumstantial evidence;
    [or]{.underline}

-   The pre-existence of a restraining order against the perpetrator(s)
    of the violent crime.

**Procedures and Guidelines**

Effective the first day of each school year (by **September 5 in
2006)**, LEAs must be prepared to begin the transfer of any student who
chooses to exercise the individual choice option provision. **An LEA
must offer, within 14 calendar days, an opportunity to transfer** to a
safe public school within the LEA to **any student who has become a
victim of a violent criminal offense** while in or on the grounds of a
public school that the student attends. While the student must be
offered the opportunity to transfer, the student may elect to remain at
the school.

To the extent possible, LEAs should allow any transferring student to
transfer to a school that is making adequate yearly progress and has not
been identified as being in need of school improvement, corrective
action or restructuring. LEAs are encouraged to take into account the
needs and preferences of the affected student and his or her parent(s).
**Transfers must occur within 30 days of the determination** that the
student was a victim of a violent criminal offense.

**Violent Criminal Offenses**

The violent criminal offenses under New Jersey statutes that apply to
the individual victim provision described above are identified and
explained below. The offenses apply to **completed offenses***,* as well
as **threats and attempts** to commit the offenses. The offenses and
attempts to commit the offenses apply only when they occur **in or on
the school grounds, as defined in N.J.A.C. 6A:16-1.3\*, of a school that
the student attends**. The offenses apply whether they occur **wholly or
in part** in or on the grounds of a school that the student attends.

The offenses apply only to acts or attempts that are directed at a
**person** (victim) or a **group of specified individuals** (victims),
rather than acts that indiscriminately affect the entire school
population or non-specified individuals or groups. For the purposes of
the Unsafe School Choice Option policy, the term victim **shall not**
include a student who purposely, knowingly or recklessly **provokes**
the conduct constituting the criminal incident against him or her.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

[]{.mark}

^\*\ "School\ grounds"\ means\ and\ includes\ land,\ portions\ of\ land,\ structures,\ buildings,\ and\ vehicles,\ when\ used\ for\ the\ provision\ of\ academic\ or\ extracurricular\ programs\ sponsored\ by\ the\ school\ district\ or\ community\ provider\ and\ structures\ that\ support\ these\ buildings,\ such\ as\ school\ district\ wastewater\ treatment\ facilities,\ generating\ facilities,\ and\ other\ central\ service\ facilities\ including,\ but\ not\ limited\ to,\ kitchens\ and\ maintenance\ shops.\ School\ grounds\ also\ includes\ other\ facilities\ as\ defined\ in\ N.J.A.C.\ 6A:26-1.2,\ playgrounds,\ and\ recreational\ places\ owned\ by\ local\ municipalities,\ private\ entities\ or\ other\ individuals\ during\ those\ times\ when\ the\ school\ district\ has\ exclusive\ use\ of\ a\ portion\ of\ such\ land.^

**Applicable Violent Criminal Offenses**

Provided below is a description of each applicable violent criminal
offense that is based upon New Jersey statutes and references to
statutory citations that provide complete explanations of each
designated offense. The descriptions provided below are **not intended
to be a complete explanation of each offense** or a substitute for the
actual provisions of the authorizing statutes. Instead, the descriptions
are provided as an aid in facilitating understanding of the general
intent and practical applications of the violent criminal offenses that
pertain to the Unsafe School Choice Option Policy.

***Homicide \[N.J.S.A. 2C :11-2\]***

A student is a victim of a homicide when he or she is the child, sibling
or other relative of a decedent, resulting from someone purposely^1^,
knowingly^2^ or recklessly^3^ causing the death of the student's parent,
sibling or relative in or on school grounds.

*^1^ "Purposely." A person acts purposely with respect to the nature of
his or her conduct or a result thereof if it is his or her conscious
object to engage in conduct of that nature or to cause such a result. A
person acts purposely with respect to attendant circumstances if he or
she is aware of the existence of such circumstances or he or she
believes or hopes that they exist. \[N.J.S.A. 2C:2-2(b)(1)\]*

*^2^ "Knowingly." A person acts knowingly with respect to the nature of
his conduct or the attendant circumstances if he or she is aware that
his or her conduct is of that nature, or that such circumstances exist,
or he or she is aware of a high probability of their existence. A person
acts knowingly with respect to a result of his or her conduct if he or
she is aware that it is practically certain that his or her conduct will
cause such a result. \[N.J.S.A. 2C:2-2(b)(2)\]*

*^3^ "Recklessly." A person acts recklessly with respect to a material
element of an offense when he or she consciously disregards a
substantial and unjustifiable risk that the material element exists or
will result from his or her conduct. The risk must be of such a nature
and degree that, considering the nature and purpose of the actor's
conduct and the circumstances known to him, its disregard involves gross
deviation from the standard of conduct that a reasonable person would
observe in the actor's situation. \[N.J.S.A. 2C:2-2(b)(3)\]*

***Assault \[N.J.S.A. 2C:12-1(a)(1) and 2C:12-1(b)(1)\]***

A person is a victim of an assault when the actor:

-   Purposely^1^, knowingly^2^ or recklessly^3^ causes bodily injury^4^
    to the victim. *\[N.J.S.A. 2C:12-1(a)(1)\]*

-   Negligently^5^, recklessly^3^, knowingly^2^ or purposely^1^ causes
    bodily injury to the victim with a deadly weapon^6^. *\[N.J.S.A.
    2C:12-1(a)(2), N.J.S.A. 2C:12-1(b)(2) and N.J.S.A. 2C:12-1(b)(3)\]*

-   Attempts by physical menace to put the victim in fear of imminent
    serious bodily injury^7^ *\[N.J.S.A. 2C:12-1(a)(3)\]*

-   Knowingly points a firearm^8^ at or in the direction of the victim,
    whether or not the actor believes it to be loaded. *\[N.J.S.A.
    2C:12-1(d)(4)\]*

*^4^ "Bodily injury" means physical pain, illness or any impairment of
physical condition. \[N.J.S.A. 2C:11-1(a)\]*

*^5^ "Negligently." A person acts negligently with respect to a material
element of an offense when he or she should be aware of a substantial
and unjustifiable risk that the material element exists or will result
from his or her conduct. The risk must be of such a nature and degree
that the actor's failure to perceive it, considering the nature and
purpose of his or her conduct and the circumstances known to him or her,
involves a gross deviation from the standard of care that a reasonable
person would observe in the actor's situation. \[N.J.S.A.
2C:2-2(b)(4)\]*

*^6^ "Deadly weapon" means any firearm or other weapon, device,
instrument, material or substance, whether animate or inanimate, which
in the manner it is used or is intended to be used, is known to be
capable of producing death or serious bodily injury or which in the
manner it is fashioned would lead the victim reasonably to believe it to
be capable of producing death or serious bodily injury. \[N.J.S.A.
2C:11-1(c)\]*

^7^ *"Serious bodily injury" means bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function of any
bodily member or organ. \[N.J.S.A. 2C:11-1(b)\]*

*^8^ "Firearm" means any handgun, rifle, shotgun, machine gun, automatic
or semi-automatic rifle, or any gun, device or instrument in the nature
of a weapon from which may be fired or ejected any solid projectile
ball, slug, pellet, missile or bullet, or any gas, vapor or other
noxious thing, by means of a cartridge or shell or by the action of an
explosive or the igniting of flammable or explosive substances. It shall
also include, without limitation, any firearm which is in the nature of
an air gun, spring gun or pistol or other weapon of a similar nature in
which the propelling force is a spring, elastic band, carbon dioxide,
compressed or other gas or vapor, air or compressed air, or is ignited
by compressed air, and ejecting a bullet or missile smaller than
three-eighths of an inch in diameter, with sufficient force to injure a
person.\[N.J.S.A. 2C-39-1(f)\]*

***Sexual Assault \[N.J.S.A. 2C:14-2 \]***

1\. *Aggravated Sexual Assault* - A person is a victim of an aggravated
sexual assault when the actor commits an act of sexual penetration^9^
with the victim under any of the following circumstances:

-   The victim is less than 13 years old.

-   The victim is at least 13 but less than 16 years old; and

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-   the actor is related to the victim by blood or affinity to the third
    degree; or

-   the actor has supervisory or disciplinary power over the victim by
    virtue of the actor's legal, professional or occupational status; or

-   the actor is a foster parent, a guardian or stands in loco parentis
    within the household.

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-   The act is committed on the victim during the commission, or
    attempted commission, whether alone or with one or more persons, of
    robbery, kidnapping, homicide, aggravated assault on another,
    burglary, arson or criminal escape.

-   The actor is armed with a weapon or any object fashioned in such a
    manner as to lead the victim to reasonably believe it to be a weapon
    and threatens by word or gesture to use the weapon or object on the
    victim.

-   The actor is aided or abetted by one or more other persons and the
    actor uses physical force or coercion on the victim.

-   The actor uses physical force or coercion and severe personal injury
    is sustained by the victim.

-   The victim is one whom the actor knew or should have known was
    physically helpless, mentally defective or mentally incapacitated.

2\. *Sexual Assault* - A person is a victim of a sexual assault when:

-   The actor commits an act of sexual contact^10^ with a victim who is
    less than 13 years old and the actor is at least four years older
    than the victim.

-   The actor commits an act of sexual penetration^9^ with a victim
    under any of the following circumstances:

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-   The actor uses physical force or coercion, but the victim does not
    sustain severe personal injury.

-   The victim is at least 16 but less than 18 years old.

-   The actor has supervisory or disciplinary power of any nature or in
    any capacity over the victim.

-   The victim is at least 13 but less than 16 years old and the actor
    is at least four years older than the victim.

*^9^ "Sexual penetration" means vaginal intercourse, cunnilingus,
fellatio or anal intercourse between persons or insertion of the hand,
finger or object into the anus or vagina either by the actor or upon the
actor's instruction. The depth o f the insertion is not relevant to the
question of the commission of the crime. \[N.J.S.A. 2C:14-1(c)\]*

*^10^ "Sexual contact" means an intentional touching by the victim or
actor, either directly or through clothing, of the victim's or actor's
intimate parts for the purpose of degrading or humiliating the victim or
sexually arousing or sexually gratifying the actor. Sexual contact of
the actor with himself or herself must be in view of the victim whom the
actor knows to be present. \[N.J.S.A. 2C:14-1(d)\]*

***Bias Intimidation \[N.J.S.A. 2C:16-1(a)\]***

A person is a victim of the crime of bias intimidation when an actor
commits, attempts to commit, conspires with another to commit or
threatens the immediate commission of an offense specified in *Chapters
11 through 18 of Title 2C of the New Jersey Statutes*; *N.J.S.A.
2C:33-4; N.J.S.A. 2C:39-3; N.J.S.A. 2C:39-4* or *N.J.S.A. 2C:39-5* in
the following circumstances:

-   With a purpose to intimidate a victim or a group of specified
    victims because of race, color, religion, gender, handicap, sexual
    orientation or ethnicity; or

-   Knowing that the conduct constituting the offense would cause a
    victim or a group of specified victims to be intimidated because of
    race, color, religion, gender, handicap, sexual orientation or
    ethnicity; or

-   Under circumstances that caused any victim of the underlying offense
    to be intimidated and the victim, considering the manner in which
    the offense was committed, reasonably believed either that --

    -   The offense was committed with a purpose to intimidate the
        victim or any person or entity in whose welfare the victim is
        interested because of race, color, religion, gender, handicap,
        sexual orientation or ethnicity; or

    -   The victim or the victim's property was selected to be the
        target of the offense because of race, color, religion, gender,
        handicap, sexual orientation or ethnicity.

***Terroristic Threat \[N.J.S.A. 2C:12-3(a) and 2C:12-3(b)\]***

A person is a victim of a terroristic threat when the actor threatens to
commit one of the violent criminal offenses enumerated under the USCO
Policy Provision II against the victim with the purpose to put the
student in imminent fear of one of the violent crimes enumerated in the
USCO Policy Provision II under circumstances reasonably causing the
victim to believe the immediacy of the threat and the likelihood that it
will be carried out. The definition of terroristic threat applies to
*N.J.S.A.* *2C:12-3(a)* insofar as the threat was directed at a person
(victim) or a group of specified individuals (victims).

***Robbery \[N.J.S.A. 2C:15-1\]***

A person is a victim of a robbery when the actor, in the course of
committing a theft, inflicts bodily injury; or uses force upon the
victim; or threatens the victim with or purposely puts the victim in
fear of immediate bodily injury.

***Kidnapping \[N.J.S.A. 2C:13-1\]***

A person is a victim of a kidnapping when the actor unlawfully removes
the victim from the school or school grounds; or the actor unlawfully
confines the victim with the purpose of holding the victim for ransom or
reward as a shield or hostage; or the actor unlawfully removes the
victim from the school or school grounds or a substantial distance from
where he or she is found in school or on school grounds; or if the actor
unlawfully confines a student for a substantial period of time with any
of the following purposes: to facilitate commission of a crime or flight
thereafter, or to inflict bodily injury on or terrorize the victim.

***Arson \[N.J.S.A. 2C:17-1\]***

A person is a victim of arson when the actor purposely or knowingly
starts a fire or causes an explosion in or on the grounds of a school
whereby the victim or group of specified victims are in danger of death
or bodily injury; or with the purpose of destroying or damaging the
victim's or group of specified victim's property that is in the school
or on school grounds.