NY Educ L § 2802 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 55 - Regulation by Boards of Education of Conduct on School District Property 2802 - Uniform Violent Incident Reporting System.

§   2802.   Uniform   violent   incident   reporting  system.  1.  The   commissioner, in conjunction  with  the  division  of  criminal  justice   services,  shall  promulgate regulations defining "violent or disruptive   incidents" for the purposes of this section.2. The commissioner, in conjunction  with  the  division  of  criminal   justice  services,  shall establish a statewide uniform violent incident   reporting system which public school districts,  boards  of  cooperative   educational  services  and  county  vocational  education  and extension   boards shall follow.3. The uniform violent incident reporting system shall require  public   school  districts, boards of cooperative educational services and county   vocational education and extension boards  to  annually  report  to  the   commissioner in a form and by a date prescribed by the commissioner, the   following  information  concerning violent and disruptive incidents that   occurred in the prior school year:a. the type of offenders;b. if any offender is a student, the age and grade of the student;c. the location at which the incident occurred;d. the type of incident;e. whether the incident occurred during or outside of  regular  school   hours;f.  where  the  incident  involves  a weapon, whether the weapon was a   firearm, knife or other weapon;g. the actions taken by  the  school  in  response  to  the  incident,   including  when  the  incident was reported to law enforcement officials   and whether disciplinary action was taken against the offenders;h.  any  student  discipline  or  referral  action  taken  against   a   student/offender,   including   but  not  limited  to  an  out-of-school   suspension, an involuntary transfer  to  an  alternative  placement,  an   in-school  suspension,  a referral for community service, a referral for   counseling, or a referral  to  the  juvenile  justice  system,  and  the   duration of such action; andi.  the  nature  of  the  victim  and the victim's age and grade where   appropriate.4. The commissioner shall require a summary of such information to  be   included,  in  a  form  prescribed  by  the  commissioner, in the school   district report cards  or  board  of  cooperative  educational  services   report cards required by this chapter.5.  By  April first of each year, the commissioner shall report to the   governor, the legislature and the regents concerning the  prevalence  of   violence  and  disruptive  incidents  in  the  public  schools,  and the   effectiveness of school  programs  undertaken  to  reduce  violence  and   assure  the  safety  and  security of students and school personnel. The   report shall summarize  the  information  available  from  the  incident   reporting  system,  and  compare the incidence of violent and disruptive   incidents of schools and school districts and boards with other  schools   and  school  districts  and boards based on similarity in size and grade   levels and other characteristics, including student need and  resources,   as  determined by the commissioner. The report shall also, to the extent   possible, relate the  results  available  from  the  incident  reporting   system,  together  with  such  other  analysis  and  information  as the   commissioner determines is appropriate, to the effectiveness  of  school   violence   measures  undertaken  by  participating  schools  and  school   districts, including the school codes and school safety  plans  required   by  sections  twenty-eight hundred one and twenty-eight hundred one-a of   this article.6. The commissioner, in  conjunction  with  the  commissioner  of  the   division  of  criminal justice services, shall promulgate regulations to    implement the provisions of this section and to  assure  to  the  extent   practicable  that  the  reports used by school districts are uniform and   comparable with respect to the  types  of  incidents  reported  and  the   responses  of  the  schools  and  the school districts. Such regulations   shall provide for the confidentiality  of  all  personally  identifiable   information   and   shall   ensure   that  any  personally  identifiable   information which is collected is used only for its intended purpose.* 7. Notwithstanding any other provision of state or local  law,  rule   or  regulation  to  the contrary, any student who attends a persistently   dangerous public elementary or secondary school, as  determined  by  the   commissioner  pursuant  to  paragraph a of this subdivision, or who is a   victim of a violent criminal offense, as defined pursuant to paragraph b   of this subdivision, that occurred on the grounds of a public elementary   or secondary school that the student attends, shall be allowed to attend   a safe public school within the local educational agency to  the  extent   required by section eighty-five hundred thirty-two of the Elementary and   Secondary Education Act of nineteen hundred sixty-five, as amended.a.  The  commissioner shall annually determine which public elementary   and secondary schools are  persistently  dangerous  in  accordance  with   regulations  of  the  commissioner  developed  in  consultation  with  a   representative sample of local educational agencies. Such  determination   shall  be  based  on data submitted through the uniform violent incident   reporting system over a period  prescribed  in  the  regulations,  which   shall not be less than two years.b.  Each  local  educational  agency required to provide unsafe school   choice  shall   establish   procedures   for   determinations   by   the   superintendent  of  schools  or  other chief school officer of whether a   student is the victim of a violent criminal  offense  that  occurred  on   school   grounds   of   the   school  that  the  student  attends.  Such   superintendent of schools or other chief school officer shall, prior  to   making  any  such determination, consult with any law enforcement agency   investigating such alleged violent criminal  offense  and  consider  any   reports  or  records  provided  by such agency. The trustees or board of   education or other governing board of a  local  educational  agency  may   provide, by local rule or by-law, for appeal of the determination of the   superintendent  of  schools to such governing board. Notwithstanding any   other provision of law to the contrary, the determination of such  chief   school  officer  pursuant  to  this  paragraph shall not have collateral   estoppel effect in any student disciplinary proceeding  brought  against   the  alleged victim or perpetrator of such violent criminal offense. For   purposes of this subdivision, "violent criminal offense"  shall  mean  a   crime  that  involved infliction of serious physical injury upon another   as defined in the penal  law,  a  sex  offense  that  involved  forcible   compulsion  or  any other offense defined in the penal law that involved   the use or threatened use of a deadly weapon.c. Each local educational agency, as defined in subsection  thirty  of   section eighty-one hundred one of the Elementary and Secondary Education   Act  of  nineteen  hundred  sixty-five,  as amended, that is required to   provide school choice pursuant to section eighty-five hundred thirty-two   of the Elementary  and  Secondary  Education  Act  of  nineteen  hundred   sixty-five,  as  amended, shall establish procedures for notification of   parents of, or persons  in  parental  relation  to,  students  attending   schools  that have been designated as persistently dangerous and parents   of, or persons in parental relation to,  students  who  are  victims  of   violent  criminal  offenses  of their right to transfer to a safe public   school within the local  educational  agency  and  procedures  for  such   transfer,  except that nothing in this subdivision shall be construed to   require such notification where there are no other public schools within    the local educational agency at the same grade level or such transfer to   a safe public school within the local educational  agency  is  otherwise   impossible  or  to  require a local educational agency that has only one   public  school  within  the  local educational agency or only one public   school at each grade level to develop such procedures. The  commissioner   shall  be authorized to adopt any regulations deemed necessary to assure   that  local  educational  agencies  implement  the  provisions  of  this   subdivision.* NB Repealed June 30, 2022