(ESEA Section 8532)

This guidance document outlines the implementation of the Unsafe School Choice Option in Wyoming, as mandated by Section 8532 of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA). The Wyoming Department of Education (WDE) is committed to ensuring the safety of all students and providing clear pathways for parents to secure a safer learning environment for their children.

The Unsafe School Choice Option provides parents with the right to transfer their child to a safer public school within the local educational agency (LEA) if:

  1. The child attends a school identified as persistently dangerous based on Wyoming’s state-defined criteria.
  2. The child becomes a victim of a violent criminal offense while on school grounds, including on the way to or from school or at a school-sponsored event.

This option is a critical component of our broader efforts to foster a positive school culture and climate, where safety is paramount and every student can thrive academically and emotionally.

A Wyoming public school is considered to be persistently dangerous if the following condition exists: 

  • In any two consecutive years, the school has experienced felony-related expulsions for drugs, alcohol, weapons, or violence that exceed an expulsion rate of two percent per year of the student body or four students, whichever is higher, as figured from the most recent October 1st enrollment data. 

For the purpose of this definition, a “violent criminal offense” shall mean a felony related to homicide, rape, robbery, and/or aggravated assault (as defined by Wyoming Violent Index Offenses). Elementary and Secondary Education Act of 1965 reference: Title VIII, Part E—General Provisions, Subpart 2, Section 8532 (specifically identified as the Unsafe School Choice Option), Public Law 115-224.

Data collection for PDS will be through the WDE Form 636 report submitted by school districts to WDE every July from the previous school year. The PDS designation identifies persistently dangerous schools. Persistence can only be seen over time; thus, a single year that has an anomalously high expulsion rate will not qualify, it must be at a minimum two consecutive years. However, once identified, the typical length of time that a school will carry the PDS identification, assuming no unexpected problems, will be one year if the expulsion rates drop below the criteria. Annual WDE data collection efforts provide the Wyoming PDS status to the U.S. Department of Education (individual names of schools are not identified).

LEAs must provide safe school options, when possible, to a student who has been a victim of a violent criminal offense from another student while in or on the grounds of the same public school that both students attend. This means: 

  1. The LEA should, within ten (10) business days, offer the student an opportunity to voluntarily transfer to a safe public school within the LEA. 
  2. When another school is not available within the LEA, it is encouraged, but not required, that the LEA seek other appropriate options. This includes, but is not limited to, an agreement with a neighboring LEA to accept the student.

The federal statute does not authorize resources specifically to help cover costs, such as transportation, to assist the transferring student. Under certain circumstances, other federal funds may be used. LEAs are also encouraged to work with local victim assistance programs to determine if they have services or funds available to help students in these circumstances.

If the WDE notifies a district that one of its schools is identified as a PDS, it must:

  1. Notify the parents of each student attending the school within ten (10) business days that the state has identified it as a PDS.
  2. Offer all students the opportunity to voluntarily transfer to a non-PDS public school within the LEA. If there is not another school in the LEA, the LEA may (but is not required to) explore other options, such as an agreement with a neighboring LEA to accept transfer students.
  3. Complete the transfer within thirty (30) calendar days, or as near to thirty (30) calendar days as practicality allows, for those students who accept the offer.
  4. Develop a corrective action plan within thirty (30) calendar days. 

In the case of transfers: 

  1. LEAs should allow students to transfer to a safe public elementary school or secondary school within the local educational agency (logistics permitting), including a public charter school. Guidelines for a transfer include: 
    1. Any in-district school of appropriate grade level that is within a practical distance. 
    2. A nearby out-of-district school at a practical distance if the receiving school agrees to take the student. The potential out-of-district receiving school is not obligated to a transfer. 
  2. Transfers may be temporary or permanent but must be in effect, where possible, as long as the original school is identified as persistently dangerous. 
  3. The Every Student Succeeds Act (ESSA) policy, as it applies to a PDS, allows the student the administrative option of attending a safer school. It neither compels a student to transfer to another school nor compels a receiving school to accept a transfer student or pay for transportation costs. The ESSA transfer option is not applicable when no practical options exist. 

Pursuant to W.S. 21-4-305, all expulsions for any student determined to possess, use, transfer, carry, or sell a deadly weapon as defined under W.S. 6-1-104 (a)(iv) must be promptly reported to the district attorney. 

When a Wyoming public school is designated as “Persistently Dangerous,” the Local Education Agency (LEA) must develop a comprehensive Corrective Action Plan (CAP) within thirty (30) calendar days of notification from the Wyoming Department of Education. This plan is crucial for addressing the specific conditions that led to the PDS identification, particularly felony-related expulsions concerning drugs, alcohol, weapons, or violence. The CAP should be evidence-based, outlining clear strategies, measurable objectives, and timelines for implementation aimed at mitigating identified risks, enhancing school security measures, improving behavioral interventions, and fostering a safer learning environment for all students and staff. Collaboration with law enforcement, mental health professionals, and the school community is essential to ensure the plan effectively targets the root causes of the danger, ultimately working towards the removal of the PDS designation and ensuring a secure and supportive educational setting.

The Unsafe School Choice Option is a critical tool in Wyoming’s commitment to student safety and well-being. By clearly defining “persistently dangerous schools,” providing timely and diverse transfer options, engaging parents, and proactively working to improve safety in all schools, we can ensure that every child has access to a safe and supportive learning environment that fosters academic achievement and holistic development. The WDE stands ready to collaborate with LEAs and parents to achieve these vital goals.

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