Mo. Code Regs. tit. 5 § 20-100.210

Current through Register Vol. 49, No. 23, December 2, 2024

Section 5 CSR 20-100.210 - Persistently Dangerous Schools

PURPOSE: This rule will be used in Missouri to establish state compliance with the federal requirement set forth in the Every Student Succeeds Act of 2015, and to determine if any Missouri public elementary and secondary schools are "persistently dangerous."

(1) The following definition(s) apply to this rule:

(A) Expulsions are defined as removal from school by local board action for an indefinite period of time unless the student is reinstated by the local board of education.

(B) A victim is a student who suffered a personal injury or injury to his or her property as a direct result of a violent criminal offense. The definition of victim does not include bystanders or witnesses to the act or friends or classmates of the victim unless they, too, suffered personal or property injury as a direct result of a violent criminal offense.

(2) A Missouri public elementary or secondary school is persistently dangerous if the following conditions exist:

(A) In each of three (3) consecutive years:

1. The school has a federal and/or state gun-free schools violation; or

2. An act of school violence" or "violent behavior" as set forth in section 160.261, RSMo is committed on school property which includes, but is not limited to, school buses or school activities; and

(B) In any two (2) years within the three- (3-) year period listed above, the school experienced expulsions by local board action, for drug, alcohol, weapons, or violence that exceed one (1) of the following rates:

1. More than five (5) expulsions per year for a school of less than two hundred fifty (250) students;

2. More than ten (10) expulsions per year for a school of more than two hundred fifty (250) students but less than one thousand (1,000) students; or

3. More than fifteen (15) expulsions per year for a school of more than one thousand (1,000) students.

(3) A student shall be allowed to attend a safe public school within the district, if that student is enrolled in a persistently dangerous school as defined above or becomes a victim of a violent criminal offense while on school property which includes but is not limited to school buses or school activities.

(4) For the purpose of determining a persistently dangerous school, a "violent criminal offense" shall be any offense that would require school administrators to, as soon as reasonably practical, notify the appropriate law enforcement agency pursuant to section 160.261, RSMo. Violent criminal offenses shall be reported by the school district to the Department of Elementary and Secondary Education (DESE) through Core Data.

5 CSR 20-100.210

AUTHORITY: sections 160.261, RSMo Supp. 2001, 161.092, RSMo Supp. 2002 and 167.171, RSMo 2000.* This rule previously filed as 5 CSR 50-355.100. Original rule filed Jan. 14, 2003, effective Aug. 30, 2003. Moved to 5 CSR 20-100.210, effective Aug. 16, 2011.

Amended by Missouri Register December 1, 2017/Volume 42, Number 23, effective 1/29/2018

*Original authority: 160.261, RSMo 1985, amended 1987, 1995, 1996, 2000, 2001; 161.092, RSMo 1963, amended 1973, 2002; and 167.171, RSMo 1963, amended 1969, 1973, 1977, 1986, 1987, 1995, 1996, 1999, 2000.