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Title IX, Part E, Subpart 2, Section 9532
Unsafe School Choice Option
According to the law:
“Each State receiving funds under this Act shall establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school.”
Although Colorado law already permits the transfers of students regardless of this policy, each State must enact the policy as a condition of accepting federal NCLB funds. An administrative mandate from the US Education Department required that all schools and districts abide by the state policy by the beginning of the 2003-2004 school year.