(gg) Uniform violent or disruptive incident reporting system. School districts, boards of cooperative educational services, charter schools and county vocational education and extension boards shall submit to the commissioner annual reports of violent or disruptive incidents that occurred in the prior school year, commencing with the 2001-2002 school year, in accordance with Education Law, section 2802 and this subdivision.

(1) Definitions. For the purposes of this subdivision:

(i) ...

(ii) ...

(iii) Physical injury means impairment of physical condition or substantial pain and includes, but is not limited to, black eyes, welts, abrasions, bruises, cuts not requiring stitches, swelling and headaches not related to a concussion.

(iv) Serious physical injury means physical injury which creates a substantial risk of death or which causes death or serious and protracted disfigurement or protracted impairment of health or protracted loss or impairment of the function of any bodily organ and requires hospitalization or treatment in an emergency medical care facility outside of school, including but not limited to, a bullet wound, fractured or broken bones or teeth, concussions, cuts requiring stitches and any other injury involving risk of death or disfigurement.

(v)…

(vi) Violent or disruptive incident shall mean one of the following categories of incidents that occurs on school property of the school district, board of cooperative educational services, charter school or county vocational education and extension board, committed with or without a weapon (except in the case of weapons possession):

(a) Homicide. Any intentional violent conduct which results in the death of another person.

(b) Sex offenses.

(1) Forcible sex offenses. [Forcible sex offenses involving forcible compulsion. Incidents involving forcible compulsion and completed or attempted sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact with or without a weapon, including, but not limited to, rape and sodomy.] Sex offenses involving forcible compulsion and completed or attempted sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact, with or without a weapon including but not limited to, rape and sodomy; or resulting from forcibly touching or grabbing another student on a part of the body that is generally regarded as private, which includes, but it not limited to the buttocks, breasts, or genitalia.

(2) Other sex offenses. Other non-consensual sex offenses involving inappropriate sexual contact [but no forcible compulsion], including, but not limited to, touching another student on a part of the body that is generally regarded as private, which includes, but is not limited to, the buttocks, breasts, and genitalia, removing another student’s clothing to reveal underwear or private body parts, or brushing or rubbing against another person in a sexual manner. Other sex offenses shall also include, but not be limited to conduct that may be consensual or involve a child who is incapable of consent by reason of disability or because he or she is under 17 years of age, provided that such term shall not include consensual sexual conduct involving only students, and/or non-students 18 years of age or under, unless at least one of the individuals participating in the conduct is at least four years older than the youngest individual participating in the conduct.

(c) [Robbery. Forcible stealing of property from a person by using or threatening the immediate use of physical force upon that person, with or without the use of a weapon.

(d)] Assault [involving serious physical injury]. Intentionally or recklessly causing [serious] physical injury to another person, with or without a weapon, in violation of the school district code of conduct [.] which shall include either;

(1) engaging in behavior which causes serious physical injury; or,

(2) engaging in behavior which causes physical injury.

[(e)...

(f) ...

(g) ...

(h) ...

(i) ...

(j) ...]

(d) Material incident of harassment, bullying, and/or discrimination. A single verified incident or a series of related verified incidents where a student is subjected to harassment, bullying and/or discrimination by a student and/or employee on school property or at a school function. In addition, such term shall include a verified incident or series of related incidents of harassment or bullying that occur off school property, as defined in subclause (viii) of paragraph (1) of subdivision (kk) of this section, Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person's gender that would be permissible under Education Law sections 3201-a or 2854(2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under section 504 of the Rehabilitation Act of 1973.

[(k)...

(l) ...

(m)...

(n)] (e) Bomb threat. A telephoned, written or electronic message that a bomb, explosive, chemical or biological weapon has been or will be placed on school property.

[(o)] (f) False alarm. [Falsely activating] Causing a fire alarm or other disaster alarm to be activated knowing there is no danger, or through false reporting of a fire or disaster.

[(p) Riot. Simultaneously with four or more persons engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of physical injury or substantial property damage or causes public alarm.

(q)] (g) Weapons possession. Possession of [a weapon] one or more weapons as defined by subparagraph (v) of this paragraph, except possession in a classroom or laboratory as part of an instructional program or in a school-related activity under the supervision of a teacher or other school personnel as authorized by school officials[.] which are discovered either through:

(1) routine security checks; or

(2) weapons possessed at a school function or on school property which are not discovered through a routine security check, including but not limited to, weapons found in the possession of a student or within a locker.

[(r)] (h) [Drug use] Use, possession or sale of drugs. Illegally using [or], possessing, or being under the influence of a controlled substance or marijuana, on school property or at a school function, including having such substance on a person in a locker, vehicle, or other personal space; selling or distributing a controlled substance or marijuana, on school property; finding a controlled substance or marijuana, on school property that is not in the possession of any person; provided that nothing herein shall be construed to apply to the lawful administration of a prescription drug on school property.

[(s)] (i) [Alcohol use] Use, possession or sale of alcohol. Illegally using [or], [Possessing] possessing, or being under the influence of alcohol on school property or at a school function, including having such substance on a person or in a locker, vehicle, or other personal space; illegally selling or distributing alcohol on school property or at a school function; finding alcohol on school property that is not in the possession of any person.

[(t) Other disruptive incidents. Other incidents involving disruption of the educational process.]

(2) Recording of offenses

(i) For purposes of reporting pursuant to this subdivision, each incident shall be reported once in the highest ranking category of offense that applies, except that incidents involving a weapon and one of the offenses listed in clauses (1)(vi)(a) through [(p)] (f) of this subdivision shall be reported in the highest ranking category of offense that applies as an offense committed with a weapon, and not in weapons possession; and incidents involving drug use, possession or sale and/or alcohol use, possession or sale and another offense shall be reported in the highest ranking category in clauses (1)(vi)(a) through [(q)] (g) of this subdivision that applies. If the offense involves only the use, possession or sale of drugs or alcohol, it shall be recorded in the applicable category of drug or alcohol use, possession or sale as an incident involving drug or alcohol use, possession or sale only. For purposes of determining the highest ranking offense pursuant to this subparagraph, offenses shall be ranked in the order that they appear in clauses (1)(vi)(a) through [(p)] (f) of this subdivision, followed by weapons possession, drug use, possession or sale and alcohol use, possession or sale[, and other disruptive incidents].

(ii) [The offenses described in clauses (1)(vi)(i), (k), (l), (m), (p) and (t) of this subdivision shall only be reported where such behavior, under the district's code of conduct, is of sufficient seriousness to warrant the suspension or removal of a student or the referral of a student to a counseling or treatment program or transfer of a student to an alternative education program, or the referral of a student to the juvenile justice system, or disciplinary action against or dismissal of a school employee, or notification of law enforcement of the commission of a crime, whether or not the perpetrators are identified.] All incidents involving bomb threats or false alarms as defined in clauses (1)(vi)[(n)](e) and [(o)] (f) of this subdivision shall be reported. All incidents involving [intimidation, harassment, menacing or bullying behavior] material incidents of harassment, bullying, and/or discrimination as defined in clause (1)(vi)[(j)](d) of this subdivision [that are the subject of a written or oral complaint to the school principal or other school administrator responsible for school discipline, or are otherwise directly observed by such principal or administrator,] shall be reported.

(3)…

(4) Content of report. Each individual violent or disruptive incident report shall be in a form prescribed by the commissioner and shall contain the following information concerning each violent or disruptive incident that occurred in the prior school year:

(i) ...

(ii)...

(iii)...

(iv) the types of incident, identified by category listed in clauses (1)(vi)(a) through [(t)](i) of this subdivision;

(v) ...

(vii)...

(viii)...

(ix)...

(x)...

(5)...

(6)...

(7)…

(8) School violence index. Each school year, commencing with the 2005-2006 school year, the department shall establish a school violence index as a comparative measure of the level of school violence in a school. The school violence index will be computed in accordance with a formula established by the commissioner that takes into account the enrollment of the school and is weighted to reflect the most serious violent incidents, which shall include but need not be limited to the following categories of incidents: homicide, forcible sexual offense, [robbery,] assault resulting in serious physical injury, assault resulting in physical injury, [arson, kidnapping,] and incidents involving the possession, use or threatened use of a weapon.

1. STATUTORY AUTHORITY:

Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.

Education Law section 207 empowers the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.

Education Law section 305(1) and (2) provide the Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents.

Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.

Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000, required the Commissioner of Education to promulgate regulations establishing a statewide uniform violent incident reporting system that public school districts, boards of cooperative educational services (BOCES) and county vocational education and extension boards shall follow to annually report to the Commissioner information concerning violent and disruptive incidents that occurred in the prior school year.

Chapter 482 of the Laws of 2010 added a new Article 2 to the Education Law, relating to Dignity for All Students, which among other things required the Commissioner to create a reporting system under which material incidents of harassment, bullying and discrimination are reported to the Department.

2. LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the above statutory authority and is necessary to update the definitions of violent and disruptive incidents for purposes of the uniform violent incident reporting system (VADIR) consistent with the requirements of Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000.

3. NEEDS AND BENEFITS:

Both federal and State law require the Department to implement a statewide policy that identifies persistently dangerous public elementary and secondary schools, for the purpose of unsafe school choice.¹ Enacted as part of the Safe Schools Against Violence in Education Act (SAVE) in 2001, Education Law § 2802 required the Commissioner, in conjunction with the Division of Criminal Justice Services, to establish a statewide uniform violent incident reporting system (VADIR) and to promulgate regulations defining “violent or disruptive incidents.” In order to implement this section, Commissioner’s regulation § 100.2(gg) was developed in consultation with the Division of Criminal Justice Services as well as legislative and executive staff, and required schools to record information about violent and disruptive incidents beginning in the 2001-02 school year.

To fulfill the requirements of federal law relating to unsafe school choice, Education Law § 2802 requires the Commissioner to annually determine which public elementary and secondary schools are persistently dangerous, in accordance with the Commissioner’s regulations. Each school is required to maintain a record of all violent and disruptive incidents that occur within each school year, from July 1st through June 30th, and to provide an annual report of such incidents to the superintendent. Currently, schools must submit to the Department the number of incidents in each of the twenty categories outlined in 100.2(gg). Using this VADIR data, the Department calculates the School Violence Index (SVI) which is the benchmark for determining which schools are persistently dangerous.

Presently, Commissioner’s regulation § 100.2(gg) requires schools to collect and submit data related to violent incidents in twenty categories:

1) Homicide

2) Forcible Sex Offenses and Other Sex Offenses

3) Robbery

4) Assault with Serious Physical Injury

5) Arson

6) Kidnapping

7) Assault with Physical Injury

8) Reckless Endangerment

9) Minor Altercations

10) Intimidation, Harassment, Menacing or Bullying

11) Burglary

12) Criminal Mischief

13) Larceny and Other Theft Offenses

14) Bomb Threat

15) False Alarm

16) Riot

17) Weapons Possession

18) Drug Use, Possession, or Sale

19) Alcohol Use, Possession, or Sale

20) Other Disruptive Incidents

Stakeholders have expressed concern that the categories do not accurately capture the types of incidents that occur in schools, and do not serve as a tool to identify strategies to reduce incidents of violence and improve school climate for the purpose of improving student outcomes.

In 1999, the New York State Task Force on School Violence was created and issued its first report, Safer Schools for the 21st Century: A Common Sense Approach to Keep New York’s Students and Schools Safe. It was the work of this Task Force that led to the Safe Schools Against Violence in Education Act (SAVE).² In January of 2013, the Board of Regents directed the Department to reestablish the Safe Schools Task Force. In 2013 and 2014, the Safe Schools Task Force held meetings and forums with various groups of stakeholders, including students. As a result of this work, the Schools Task Force issued thirty-six recommendations for improving school safety statewide. One of these recommendations specifically recommended that the Department: “[d]evelop a new process and criteria for the Persistently Dangerous designation and a new set of definitions of incident categories for reporting using a School Climate Index. The reporting process for Dignity for All Students Act (DASA) and Violent and Disruptive Incident Reporting (VADIR) should be combined and renamed into one system that is not punitive and is reflective of the school climate and can be used for prevention and intervention purposes; also, that it includes positive measures and incorporates most improved schools.”

Together with Department staff, members of the Safe Schools Task Force developed a revised method for collecting incident data that incorporates both VADIR and DASA into one reporting structure. The revised definitions developed by the Task Force provide a greater degree of clarity and are better aligned with the intent of VADIR, which is not to be punitive but rather to inform policies for reducing school violence.

As a result, the Task Force recommended, and the proposed amendment reduces the current 20 reporting categories to the following nine categories, commencing with the 2017-2018 school year:

1) Homicide

2) Sexual Offenses

3) Physical Injury

4) Weapons Possession

5) Material Incidents of Discrimination, Harassment, and Bullying

6) Bomb Threat

7) False Alarm

8) Use, Possession or Sale of Drugs

9) Use, Possession or Sale of Alcohol

4. COSTS:

(a) Costs to State: none.

(b) Costs to local governments: in general, the proposed rule does not impose any costs beyond those imposed by Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000. School districts, BOCES and county vocational education and extension boards continue to be required to collect information on violent and disruptive incidents as part of existing record-keeping procedures. An updated and streamlined form has been developed by the Department and will be provided to districts for the required annual reporting. However, the Department will continue to provide professional development and technical assistance to assist school districts, BOCES and county vocational education and extension boards to understand the updated reporting categories. There may be additional costs associated with changing software programming, etc. to report the new nine categories. Actual costs may vary significantly due to the software programs and applications used by the reporting entity.

(c) Costs to private regulated parties: none.

(d) Costs to regulating agency for implementation and continued administration of this rule: The proposed amendment will not impose any additional costs on the Department, beyond those currently incurred for VADIR reporting purposes.

5. LOCAL GOVERNMENT MANDATES:

As required by Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000, the proposed amendment continues to require school districts, boards of cooperative educational services and county vocational education and extension boards to submit to the Commissioner annual reports of violent or disruptive incidents that occurred in the prior school year. However, the categories of violent or disruptive incidences subject to such reporting have be reduced from 20 to 9 categories, making the reporting process more streamlined.

6. PAPERWORK:

A school district, BOCES or county vocational education and extension board must continue to collect and maintain information on each violent or disruptive incident as defined by this amendment. School districts, BOCES and county vocational education and extension boards continue to be required to electronically submit a report to the Commissioner containing the information on all of the violent or disruptive incidents that occurred in the prior school year.

7. DUPLICATION:

The proposed rule does not duplicate any existing State or Federal requirements.

8. ALTERNATIVES:

The proposed rule is necessary to implement Education Law § 2802 and consistent with the recommendations of the Safe Schools Task Force. There were no significant alternatives considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that regulated parties can achieve compliance with the proposed rule by its effective date of July 1, 2017. The proposed rule provides school districts with additional time to make and implement any changes to their internal violent and disruptive incident reporting systems.

_______________

¹ 20 U.S.C.A. § 7912; N.Y. Education Law § 2801.

² Chapter 181 of the Laws of New York 2000.

(a) Small businesses:

As required by Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000, the proposed amendment continues to require school districts, boards of cooperative educational services and county vocational education and extension boards to submit to the Commissioner annual reports of violent or disruptive incidents that occurred in the prior school year. However, the categories of violent or disruptive incidences subject to such reporting have be reduced from 20 to 9 categories, making the reporting process more streamlined.

Because it is evident from the nature of the proposed rule that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The rule applies to all school districts, BOCES, county vocational education and extension boards required to submit to the Commissioner annual reports of violent or disruptive incidents that occurred in the prior school year. The proposed rule reduces the categories of violent or disruptive incidences subject to such reporting from 20 to 9 categories, making the reporting process more streamlined.

2. COMPLIANCE REQUIREMENTS:

Both federal and State law require the Department to implement a statewide policy that identifies persistently dangerous public elementary and secondary schools, for the purpose of unsafe school choice.¹ Enacted as part of the Safe Schools Against Violence in Education Act (SAVE) in 2001, Education Law § 2802 required the Commissioner, in conjunction with the Division of Criminal Justice Services, to establish a statewide uniform violent incident reporting system (VADIR) and to promulgate regulations defining “violent or disruptive incidents.” In order to implement this section, Commissioner’s regulation § 100.2(gg) was developed in consultation with the Division of Criminal Justice Services as well as legislative and executive staff, and required schools to record information about violent and disruptive incidents beginning in the 2001-02 school year.

To fulfill the requirements of federal law relating to unsafe school choice, Education Law § 2802 requires the Commissioner to annually determine which public elementary and secondary schools are persistently dangerous, in accordance with the Commissioner’s regulations. Each school is required to maintain a record of all violent and disruptive incidents that occur within each school year, from July 1st through June 30th, and to provide an annual report of such incidents to the superintendent. Currently, schools must submit to the Department the number of incidents in each of the twenty categories outlined in 100.2(gg). Using this VADIR data, the Department calculates the School Violence Index (SVI) which is the benchmark for determining which schools are persistently dangerous.

Presently, Commissioner’s regulation § 100.2(gg) requires schools to collect and submit data related to violent incidents in twenty categories:

1) Homicide

2) Forcible Sex Offenses and Other Sex Offenses

3) Robbery

4) Assault with Serious Physical Injury

5) Arson

6) Kidnapping

7) Assault with Physical Injury

8) Reckless Endangerment

9) Minor Altercations

10) Intimidation, Harassment, Menacing or Bullying

11) Burglary

12) Criminal Mischief

13) Larceny and Other Theft Offenses

14) Bomb Threat

15) False Alarm

16) Riot

17) Weapons Possession

18) Drug Use, Possession, or Sale

19) Alcohol Use, Possession, or Sale

20) Other Disruptive Incidents

Stakeholders have expressed concern that the categories do not accurately capture the types of incidents that occur in schools, and do not serve as a tool to identify strategies to reduce incidents of violence and improve school climate for the purpose of improving student outcomes.

In 1999, the New York State Task Force on School Violence was created and issued its first report, Safer Schools for the 21st Century: A Common Sense Approach to Keep New York’s Students and Schools Safe. It was the work of this Task Force that led to the Safe Schools Against Violence in Education Act (SAVE).² In January of 2013, the Board of Regents directed the Department to reestablish the Safe Schools Task Force. In 2013 and 2014, the Safe Schools Task Force held meetings and forums with various groups of stakeholders, including students. As a result of this work, the Schools Task Force issued thirty-six recommendations for improving school safety statewide. One of these recommendations specifically recommended that the Department: “[d]evelop a new process and criteria for the Persistently Dangerous designation and a new set of definitions of incident categories for reporting using a School Climate Index. The reporting process for Dignity for All Students Act (DASA) and Violent and Disruptive Incident Reporting (VADIR) should be combined and renamed into one system that is not punitive and is reflective of the school climate and can be used for prevention and intervention purposes; also, that it includes positive measures and incorporates most improved schools.”

Together with Department staff, members of the Safe Schools Task Force developed a revised method for collecting incident data that incorporates both VADIR and DASA into one reporting structure. The revised definitions developed by the Task Force provide a greater degree of clarity and are better aligned with the intent of VADIR, which is not to be punitive but rather to inform policies for reducing school violence.

As a result, the Task Force recommended, and the proposed amendment reduces the current 20 reporting categories to the following nine categories, commencing with the 2017-2018 school year:

1) Homicide

2) Sexual Offenses

3) Physical Injury

4) Weapons Possession

5) Material Incidents of Discrimination, Harassment, and Bullying

6) Bomb Threat

7) False Alarm

8) Use, Possession or Sale of Drugs

9) Use, Possession or Sale of Alcohol

3. PROFESSIONAL SERVICES:

The proposed rule does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

In general, the proposed rule does not impose any costs beyond those imposed by Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000. School districts, BOCES and county vocational education and extension boards continue to be required to collect information on violent and disruptive incidents as part of existing record-keeping procedures. An updated and streamlined form has been developed by the Department and will be provided to districts for the required annual reporting. However, the Department will continue to provide professional development and technical assistance to assist school districts, BOCES and county vocational education and extension boards to understand the updated reporting categories. There may be additional costs associated with changing software programming, etc. to report the new nine categories. Actual costs may vary significantly due to the software programs and applications used by the reporting entity. The proposed amendment will not impose any additional costs on the Department, beyond those currently incurred for VADIR reporting purposes.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

6. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Education Law § 2802 and is consistent with the recommendations of the Safe Schools Task Force. There were no significant alternatives considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts and from charter schools.

_______________

¹ 20 U.S.C.A. § 7912; N.Y. Education Law § 2801.

² Chapter 181 of the Laws of New York 2000.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule applies to school districts, boards of cooperative educational services (BOCES), and county vocational education and extension boards, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

Both federal and State law require the Department to implement a statewide policy that identifies persistently dangerous public elementary and secondary schools, for the purpose of unsafe school choice.¹ Enacted as part of the Safe Schools Against Violence in Education Act (SAVE) in 2001, Education Law § 2802 required the Commissioner, in conjunction with the Division of Criminal Justice Services, to establish a statewide uniform violent incident reporting system (VADIR) and to promulgate regulations defining “violent or disruptive incidents.” In order to implement this section, Commissioner’s regulation § 100.2(gg) was developed in consultation with the Division of Criminal Justice Services as well as legislative and executive staff, and required schools to record information about violent and disruptive incidents beginning in the 2001-02 school year.

To fulfill the requirements of federal law relating to unsafe school choice, Education Law § 2802 requires the Commissioner to annually determine which public elementary and secondary schools are persistently dangerous, in accordance with the Commissioner’s regulations. Each school is required to maintain a record of all violent and disruptive incidents that occur within each school year, from July 1st through June 30th, and to provide an annual report of such incidents to the superintendent. Currently, schools must submit to the Department the number of incidents in each of the twenty categories outlined in 100.2(gg). Using this VADIR data, the Department calculates the School Violence Index (SVI) which is the benchmark for determining which schools are persistently dangerous.

Presently, Commissioner’s regulation § 100.2(gg) requires schools to collect and submit data related to violent incidents in twenty categories:

1) Homicide

2) Forcible Sex Offenses and Other Sex Offenses

3) Robbery

4) Assault with Serious Physical Injury

5) Arson

6) Kidnapping

7) Assault with Physical Injury

8) Reckless Endangerment

9) Minor Altercations

10) Intimidation, Harassment, Menacing or Bullying

11) Burglary

12) Criminal Mischief

13) Larceny and Other Theft Offenses

14) Bomb Threat

15) False Alarm

16) Riot

17) Weapons Possession

18) Drug Use, Possession, or Sale

19) Alcohol Use, Possession, or Sale

20) Other Disruptive Incidents

Stakeholders have expressed concern that the categories do not accurately capture the types of incidents that occur in schools, and do not serve as a tool to identify strategies to reduce incidents of violence and improve school climate for the purpose of improving student outcomes.

In 1999, the New York State Task Force on School Violence was created and issued its first report, Safer Schools for the 21st Century: A Common Sense Approach to Keep New York’s Students and Schools Safe. It was the work of this Task Force that led to the Safe Schools Against Violence in Education Act (SAVE).² In January of 2013, the Board of Regents directed the Department to reestablish the Safe Schools Task Force. In 2013 and 2014, the Safe Schools Task Force held meetings and forums with various groups of stakeholders, including students. As a result of this work, the Schools Task Force issued thirty-six recommendations for improving school safety statewide. One of these recommendations specifically recommended that the Department: “[d]evelop a new process and criteria for the Persistently Dangerous designation and a new set of definitions of incident categories for reporting using a School Climate Index. The reporting process for Dignity for All Students Act (DASA) and Violent and Disruptive Incident Reporting (VADIR) should be combined and renamed into one system that is not punitive and is reflective of the school climate and can be used for prevention and intervention purposes; also, that it includes positive measures and incorporates most improved schools.”

Together with Department staff, members of the Safe Schools Task Force developed a revised method for collecting incident data that incorporates both VADIR and DASA into one reporting structure. The revised definitions developed by the Task Force provide a greater degree of clarity and are better aligned with the intent of VADIR, which is not to be punitive but rather to inform policies for reducing school violence.

As a result, the Task Force recommended, and the proposed amendment reduces the current 20 reporting categories to the following nine categories, commencing with the 2017-2018 school year:

1) Homicide

2) Sexual Offenses

3) Physical Injury

4) Weapons Possession

5) Material Incidents of Discrimination, Harassment, and Bullying

6) Bomb Threat

7) False Alarm

8) Use, Possession or Sale of Drugs

9) Use, Possession or Sale of Alcohol

The proposed rule does not impose any additional professional services requirements on entities in rural areas.

3. COMPLIANCE COSTS:

In general, the proposed rule does not impose any costs beyond those imposed by Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000. School districts, BOCES and county vocational education and extension boards continue to be required to collect information on violent and disruptive incidents as part of existing record-keeping procedures. An updated and streamlined form has been developed by the Department and will be provided to districts for the required annual reporting. However, the Department will continue to provide professional development and technical assistance to assist school districts, BOCES and county vocational education and extension boards to understand the updated reporting categories. There may be additional costs associated with changing software programming, etc. to report the new nine categories. Actual costs may vary significantly due to the software programs and applications used by the reporting entity. The proposed amendment will not impose any additional costs on the Department, beyond those currently incurred for VADIR reporting purposes.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Education Law § 2802 and is consistent with the recommendations of the Safe Schools Task Force. There were no significant alternatives considered.

5. RURAL AREA PARTICIPATION:

The proposed rule was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.

_______________

¹ 20 U.S.C.A. § 7912; N.Y. Education Law § 2801.

² Chapter 181 of the Laws of New York 2000.

The purpose of the proposed rule is to update the definitions of violent and disruptive incidents for purposes of the uniform violent incident reporting system (VADIR) consistent with the requirements of Education Law section 2802, as added by section 5 of Chapter 181 of the Laws of 2000. Because it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.