The U.S. Department of Education’s Office of Elementary and Secondary Education today sent a letter to all chief state school officers providing guidance on the Unsafe School Choice Option provision. This provision of the Elementary and Secondary Education Act of 1965 (ESEA) requires each state to establish and implement a policy designed to ensure students in persistently dangerous schools are provided with an opportunity to attend a safe public elementary or secondary school, including a public charter school.
“The Trump-McMahon Department of Education is committed to ensuring all children can attend a safe school in which they can focus on mastering the reading and mathematics skills necessary for success in school and beyond,” said Hayley Sanon, Acting Assistant Secretary for the Office of Elementary and Secondary Education. “In today’s guidance, we encourage states to build on the work they have done to maximize parent options for choosing the safest school setting for their children.”
“Arkansas is proud to lead the way in compliance with the Unsafe School Choice Option to help ensure every child has the opportunity to learn in a safe environment,” said Arkansas Secretary of the Department of Education Jacob Oliva. “We look forward to furthering student safety and school choice efforts in our state by partnering with Secretary McMahon and the Trump Education Department to maximize our utilization of this provision.”
“The Unsafe School Choice Option empowers students and families by providing additional pathways to safer educational environments, giving every child the opportunity to learn and thrive in a secure setting,” said Virginia Superintendent of Public Instruction Emily Anne Gullickson. “Virginia is committed to providing all students with a safe and vibrant learning community. We appreciate Secretary McMahon and the Department for providing guidance as we work to expand education freedom in the Commonwealth.”
Background
Title VIII, Section 8532 of the ESEA requires states to provide options for parents of students in public elementary or secondary schools under two circumstances related to school violence and student safety.
A local educational agency (LEA) must provide a school choice option for students who:
- Attend a public elementary or secondary school that the State has determined to be unsafe (i.e., to be persistently dangerous) based on State-determined criteria established in consultation with a representative sample of LEAs; or
- Become 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.
Each State must establish its own definition of persistently dangerous schools. This definition can include any factors that the state finds constitute an unsafe environment.
Read the full letter here.