3806.1

1. (a) No later than June 15 of each year, the SEA shall notify the LEAs about schools that are likely to be designated persistently dangerous and provide each school with the following data used by the SEA to base its designation:
2. (b) The school's official membership for the two most recent, consecutive school years, and

3806.3 The number of violent crimes against students on the school grounds, during school operating hours, for the two most recent, consecutive school years.

3806.4 The LEA shall have 10 days within which to review the data and submit to the SEA any evidence proving that a school is not persistently dangerous.

3806.5 If, after reviewing the evidence, the SEA determines that the designation is appropriate, it shall issue formal designation, pursuant to §3806, that a school is persistently dangerous.

3806.6 The LEA or the school administrator shall have the right to appeal a school's designation, in writing, to the Superintendent, acting in his or her capacity as the State Education Officer, within 7 days of notification by the SEA.

3806.7 Appeals shall be resolved as follows:

1. (a) Upon receipt of a written appeal, the SEA shall convene representatives from its monitoring office and representatives of the LEA.
2. (b) At the meeting, the LEA shall present evidence challenging either the official membership numbers or specific reports of violent crimes, which may include a revised official membership audit for the affected school years, copies of official incident reports from the Metropolitan Police which clarify that the alleged violent crime(s) do not meet criteria established in § 3806, or official findings that show the reported crime could not be substantiated.
3. (c) The monitoring officer will review the evidence and make a determination if the school's designation is still warranted.

3806.8 Appeals shall be resolved within 7 - 10 days by the Superintendent, or his or her designee, and he or she shall issue a finding on the LEA'S status in writing to the LEA and the administrator of the school in question.

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004).