Overview:
This new guidance would require states to broaden the definition of an unsafe school and open more avenues to charter schools.
In a letter from the feds, the U.S. Department of Education has released a new letter urging states to identify more schools on the Unsafe Schools list and offer more choices for them to move to charter public schools. This move would strengthen the implementation of the Unsafe School Choice Option under Section 8532 of the Elementary and Secondary Education Act (ESEA) established in 1965. The provision requires states to offer students the option to transfer from persistently dangerous schools or if they have been victims of violent criminal offenses on school grounds.
In a letter addressed to Chief State School Officers, Acting Assistant Secretary Hayley B. Sanon emphasized the need for states to review and enhance their definitions of “persistently dangerous” schools, increase parental awareness, and expand access to safe educational environments, including charter and magnet schools.
“Parents should never worry about their child’s safety at school,” Sanon wrote. “The Trump Administration is committed to ensuring parents have options for their children to attend a safe school where they can learn and thrive, which is a goal we all share.”
Call for Clearer Definitions and More Data
The Department highlighted a significant disconnect between reported violent incidents in schools and the number of schools labeled as unsafe, asking states to identify more schools for the list. While the Civil Rights Data Collection reported approximately 1.2 million violent offenses in the 2021–2022 school year, no schools were designated persistently dangerous that year.
States are encouraged to shorten the time frame needed to classify schools as unsafe, from two to three years to a single year, and to base designations on actual incidents rather than responses such as suspensions or expulsions.
School Choice Options and Parental Notification
To fulfill federal obligations, states must ensure students have the right to transfer to a safe public school, which may include public charter schools. The Department recommends open enrollment policies, inter-district transfers, and broader school choice agreements to give families viable alternatives.
The letter also stresses the importance of parent communication, urging states and districts to notify families when a school is unsafe and inform them of available transfer options.
To maximize the school choice options available to parents, in the case of a persistently
dangerous school or for victims of a violent criminal offense while in or on the grounds of a public elementary school or secondary school, the Department encourages States to facilitate agreements across LEAs, so that parents may select a neighboring LEA or a charter school that is its own LEA.
Push for Policy Reforms for Unsafe Schools
In its guidance, the U.S. Department of Education has advised states to:
- Consider reducing the period before a school is determined to be persistently dangerous.
- Review data and information related to violent incidents instead of responses to violent incidents.
- Regularly review and revise the State’s definition of a persistently dangerous school.
- Regularly review and revise the processes and procedures for collecting school safety data from LEAs.
- Consider providing multiple school choice options.
The letter is part of the Trump Administration’s broader education agenda to expand school choice and respond to concerns about rising school violence.
