2023 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; and
i.  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.