April27, 2007

TO THE ADMINISTRATOR ADDRESSED:

SUBJECT: Changes in School Safety Choice Option (SSCO)

Title IX, Section 9532, of the No Child Left Behind Act (NCLB) requires the Texas Education Agency (TEA) to establish and implement a statewide policy to identify campuses that become Persistently Dangerous Schools(PDS) and to offer students attending such schools the option to transfer to a safe school within the district. Additionally, TEA must ensure that students who are victims of a violent criminal act, while in or on the grounds of school property, have the option to transfer to a safe elementary or secondary school within the local educational agency (LEA). In Texas, we designate these actions as the School Safety Choice Option (SSCO).

This year, TEA has reviewed and modified the methodology for identifying a campus as a Persistently Dangerous Schoolwith consultation from a statewide committee of superintendents and other stakeholders.

Attached to this letter is aside-by-side document which notes the changes in the Methodology for identifying Persistently Dangerous Schools for the 2007-08 School Year.

Identification of persistently dangerous campuses required to implement the SSCO occurs annually. Campuses that may be identified as persistently dangerous and required to implement the SSCO in the 2007-08 school year, as well as campuses on the watch lists will be notified separately upon identification.

All campuses, regardless of their PDS status, must continue to ensure that any victims of violent criminal acts are offered school choice under this policy. As specified in the assurances in the Consolidated NCLB Application for Federal Funding, each LEA is required to adopt a local policy that provides guidelines for the transfer of students who are victims of violent criminal acts. This local policy will be monitored via the Texas Education Agency’s NCLB program compliance component of the Performance Based Monitoring (PBM) system for 2007-08.

The following information and guidance documents are available on the NCLB web site at

1. Methodology for Designating Persistently Dangerous Schools for 2007-08 School Year;

2. Comprehensive 2007-08 Guidance on School Safety Choice Option, Based upon the USDE Unsafe School Choice Option Non-Regulatory Guidance; and

3. Guidance Relating to a Student Who Is a Victim of a Violent Criminal Offense.

If you have questions regarding this issue, please contact Carolyn Smyrl in the Division of NCLB Program Coordination by email at by phone at 512-463-9374.

Sincerely,

Gene Lenz
Deputy Associate Commissioner
Special Programs, Monitoring, and Interventions

GL/cs

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