1. (1) "Persistently dangerous school" means a school where at least 3% of students for three consecutive school years have been suspended or expelled for:

   1. (a) a reported violent criminal offense that took place:

      1. (i) on school property; or
      2. (ii) at a school sponsored activity; or
   2. (b) a federal gun free school violation as defined in 20 U.S.C. 7961.

2. (2) "Violent criminal offense" means any of the following if the crime has been reported to law enforcement and a charge has been filed:

   1. (a) actual or attempted criminal homicide as defined in Section 76-5-201;
   2. (b) rape as defined in Sections 76-5-402 through 76-5-402.3;
   3. (c) aggravated sexual assault as defined in Section 76-5-405;
   4. (d) forceable sexual abuse as defined in Section 76-5-404;
   5. (e) aggravated sexual abuse of a child as defined in Section 76-5-404.1;
   6. (f) aggravated assault as defined in Section 76-5-103; or
   7. (g) robbery as defined in Section 76-6-301.

KEY: school choice; persistently dangerous school

Date of Last Change: May 8, 2025

Notice of Continuation: March 14, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)