Section 2802. Uniform violent incident reporting system

1.  The
  commissioner, in conjunction  with  the  division  of  criminal  justice
  services,  shall  promulgate regulations defining "violent or disruptive
  incidents" for the purposes of this section.
    2. The commissioner, in conjunction  with  the  division  of  criminal
  justice  services,  shall establish a statewide uniform violent incident
  reporting system which public school districts,  boards  of  cooperative
  educational  services  and  county  vocational  education  and extension
  boards shall follow.
    3. The uniform violent incident reporting system shall require  public
  school  districts, boards of cooperative educational services and county
  vocational education and extension boards  to  annually  report  to  the
  commissioner in a form and by a date prescribed by the commissioner, the
  following  information  concerning violent and disruptive incidents that
  occurred in the prior school year:
    a. the type of offenders;
    b. if any offender is a student, the age and grade of the student;
    c. the location at which the incident occurred;
    d. the type of incident;
    e. whether the incident occurred during or outside of  regular  school
  hours;
    f.  where  the  incident  involves  a weapon, whether the weapon was a
  firearm, knife or other weapon;
    g. the actions taken by  the  school  in  response  to  the  incident,
  including  when  the  incident was reported to law enforcement officials
  and whether disciplinary action was taken against the offenders;
    h.  any  student  discipline  or  referral  action  taken  against   a
  student/offender,   including   but  not  limited  to  an  out-of-school
  suspension, an involuntary transfer  to  an  alternative  placement,  an
  in-school  suspension,  a referral for community service, a referral for
  counseling, or a referral  to  the  juvenile  justice  system,  and  the
  duration of such action; and
    i.  the  nature  of  the  victim  and the victim's age and grade where
  appropriate.
    4. The commissioner shall require a summary of such information to  be
  included,  in  a  form  prescribed  by  the  commissioner, in the school
  district report cards  or  board  of  cooperative  educational  services
  report cards required by this chapter.
    5. By January first of each year, the commissioner shall report to the
  governor,  the  legislature and the regents concerning the prevalence of
  violence and  disruptive  incidents  in  the  public  schools,  and  the
  effectiveness  of  school  programs  undertaken  to  reduce violence and
  assure the safety and security of students  and  school  personnel.  The
  report  shall  summarize  the  information  available  from the incident
  reporting system, and  identify  specifically  the  schools  and  school
  districts   with  the  least  and  greatest  incidence  of  violent  and
  disruptive incidents, and the  least  and  most  improvement  since  the
  previous  year  or years. The report shall also, to the extent possible,
  relate  the  results  available  from  the  incident  reporting  system,
  together  with  such  other analysis and information as the commissioner
  determines is appropriate,  to  the  effectiveness  of  school  violence
  measures  undertaken  by  participating  schools  and  school districts,
  including the school codes and school safety plans required by  sections
  twenty-eight hundred one and twenty-eight hundred one-a of this article.
    6.  The  commissioner,  in  conjunction  with  the commissioner of the
  division of criminal justice services, shall promulgate  regulations  to
  implement  the  provisions  of  this section and to assure to the extent
  practicable that the reports used by school districts  are  uniform  and

  comparable  with  respect  to  the  types  of incidents reported and the
  responses of the schools and  the  school  districts.  Such  regulations
  shall  provide  for  the  confidentiality of all personally identifiable
  information   and   shall   ensure   that  any  personally  identifiable
  information which is collected is used only for its intended purpose.
    * 7. Notwithstanding any other provision of state or local  law,  rule
  or  regulation  to  the contrary, any student who attends a persistently
  dangerous public elementary or secondary school, as  determined  by  the
  commissioner  pursuant  to  paragraph a of this subdivision, or who is a
  victim of a violent criminal offense, as defined pursuant to paragraph b
  of this subdivision, that occurred on the grounds of a public elementary
  or secondary school that the student attends, shall be allowed to attend
  a safe public school within the local educational agency to  the  extent
  required  by section ninety-five hundred thirty-two of the No Child Left
  Behind Act of 2001.
    a. The commissioner shall annually determine which  public  elementary
  and  secondary  schools  are  persistently  dangerous in accordance with
  regulations  of  the  commissioner  developed  in  consultation  with  a
  representative  sample of local educational agencies. Such determination
  shall be based on data submitted through the  uniform  violent  incident
  reporting  system  over  a  period  prescribed in the regulations, which
  shall not be less than two years.
    b. Each local educational agency required  to  provide  unsafe  school
  choice   shall   establish   procedures   for   determinations   by  the
  superintendent of schools or other chief school  officer  of  whether  a
  student  is  the  victim  of a violent criminal offense that occurred on
  school  grounds  of  the  school  that   the   student   attends.   Such
  superintendent  of schools or other chief school officer shall, prior to
  making any such determination, consult with any law  enforcement  agency
  investigating  such  alleged  violent  criminal offense and consider any
  reports or records provided by such agency. The  trustees  or  board  of
  education  or  other  governing  board of a local educational agency may
  provide, by local rule or by-law, for appeal of the determination of the
  superintendent of schools to such governing board.  Notwithstanding  any
  other  provision of law to the contrary, the determination of such chief
  school officer pursuant to this  paragraph  shall  not  have  collateral
  estoppel  effect  in any student disciplinary proceeding brought against
  the alleged victim or perpetrator of such violent criminal offense.  For
  purposes  of  this  subdivision, "violent criminal offense" shall mean a
  crime that involved infliction of serious physical injury  upon  another
  as  defined  in  the  penal  law,  a  sex offense that involved forcible
  compulsion or any other offense defined in the penal law  that  involved
  the use or threatened use of a deadly weapon.
    c.  Each local educational agency, as defined in subsection twenty-six
  of section ninety-one hundred one of the No Child  Left  Behind  Act  of
  2001,  that  is  required  to  provide school choice pursuant to section
  ninety-five hundred thirty-two of the No Child Left Behind Act  of  2001
  shall establish procedures for notification of parents of, or persons in
  parental   relation  to,  students  attending  schools  that  have  been
  designated as persistently dangerous  and  parents  of,  or  persons  in
  parental  relation  to,  students  who  are  victims of violent criminal
  offenses of their right to transfer to a safe public school  within  the
  local  educational  agency and procedures for such transfer, except that
  nothing  in  this  subdivision  shall  be  construed  to  require   such
  notification  where  there  are no other public schools within the local
  educational agency at the same grade level or such transfer  to  a  safe
  public   school   within  the  local  educational  agency  is  otherwise
  impossible or to require a local educational agency that  has  only  one

  public  school  within  the  local educational agency or only one public
  school at each grade level to develop such procedures. The  commissioner
  shall  be authorized to adopt any regulations deemed necessary to assure
  that  local  educational  agencies  implement  the  provisions  of  this
  subdivision.
    * NB Repealed June 30, 2010