Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-4 › Subject 160-4-8 - STUDENT SUPPORT › Rule 160-4-8-.16 - Unsafe School Choice Option (USCO)

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Corrective action plan -
a
				written plan developed by a local school system and adopted by the local board
				of education for a public school that is identified as a persistently dangerous
				school for the purpose of remedying the causes that result in this school being
				identified as persistently dangerous.
(b)
Jurisdiction of a public school -
events that are sponsored by a public school and that occur away from
				the property of a public school over which the public school has direct control
				or authority.
(c)
Official
				action
- an official tribunal held by the school system; a hearing
				conducted by a disciplinary hearing officer of the school system (O.C.G.A. §
										20-2-752 through §
										20-2-758); through a waiver
				process; through an action of the local board of education; or for non-felony
				drug offenses that result in placement in a drug intervention
				program.
(d)
Persistently
				dangerous school -
a public school in which for each of three
				consecutive years on the property of the public school, or at an event within
				the jurisdiction of a public school, or at a school sponsored event:
1. At least one student enrolled in that
				school is found by official action to have committed an offense in violation of
				a school rule that involved one or more of the following criminal offenses.
(i) Aggravated battery (O.C.G.A. §
												16-5-24)
(ii) Aggravated child molestation (O.C.G.A. §
												16-6-4)
(iii) Aggravated sexual battery (O.C.G.A. §
												16-6-22.2)
(iv) Aggravated sodomy (O.C.G.A. §
												16-6-2)
(v) Armed robbery (O.C.G.A. §
												16-8-41)
(vi) Arson - first degree (O.C.G.A. §
												16-7-60)
(vii) Kidnapping (O.C.G.A. §
												16-5-40)
(viii) Murder (O.C.G.A. §
												16-5-1)
(ix) Rape (O.C.G.A. §
												16-6-1)
(x) Voluntary manslaughter (O.C.G.A. §
												16-5-2)
or
2. Two percent or more of the
				student population or ten students, whichever is greater, are found by official
				action to have committed an offense in violation of a school rule that involved
				one or more of the following offenses:
(i)
				Non-felony drugs (O.C.G.A. §
												16-13-2)
(ii) Felony drugs (O.C.G.A. §
												16-13-30;
				16-13-31;
				16-13-32.4)
(iii) Felony weapons (O.C.G.A. §
												16-11-127.1)
(iv) Terroristic threats (O.C.G.A. §
												16-11-37)
or
3. Any combination of paragraphs
				(1)(d)1 or (1)(d)2.
(e)
Property of a public school -
Any building, land, school bus, or
				other vehicular equipment owned or leased by the local school system.
(f)
Student population -
the
				unduplicated October full-time equivalent (FTE) count.
(g)
Unsafe School Choice Option (USCO)
				-
the process of allowing students who attend a persistently dangerous
				public school or students who become victims of a violent criminal offense
				while on the property of a public school in which they are enrolled to transfer
				to a safe public school.
(h)
Victim -
a person against whom a violent criminal offense has been
				committed and whose perpetrator has been found by official action to be in
				violation of a school rule related to the violent criminal offense.
(i)
Violent criminal offense -
for the purposes of this rule
,
the following felony
				transgressions of law as defined in state statute, including aggravated battery
				(O.C.G.A. §
										16-5-24), aggravated child
				molestation (O.C.G.A. §
										16-6-4), aggravated sexual battery
				(O.C.G.A. §
										16-6-22.2), aggravated sodomy
				(O.C.G.A. §
										16-6-2), armed robbery (O.C.G.A. §
										16-8-41), first degree arson
				(O.C.G.A. §
										16-7-60), felony weapons charge
				(O.C.G.A. §
										16-11-127.1), kidnapping (O.C.G.A.
				§
										16-5-40), murder (O.C.G.A. §
										16-5-1), rape (O.C.G.A. §
										16-6-1), voluntary manslaughter
				(O.C.G.A. §
										16-5-2), or terroristic threats
				(O.C.G.A. §
										16-11-37).