Under local policy (Chancellor's Regulation A-449) and the federal No Child Left Behind Act (NCLB), if there is clear evidence that your child is the victim of a violent criminal offense on school property or that your student's continued presence in the school is unsafe for him or her, you may request a safety transfer to another school — even in the middle of the year. The hitch is what constitutes "clear evidence." In the past, a police report of an assault at or near the school usually sufficed. Now, Department of Education officials often say that is not enough. Parents need to gather as much documented evidence as possible. That means you should take notes describing incidents and recording when they occur. If there are any witnesses, take their names and their statements.

On this page: No Child Left Behind Act | Other safety transfers

Safety transfers under the No Child Left Behind Act (NCLB)

Under the NCLB, a student who is the victim of a violent criminal offense on school property must be notified of their right to transfer. See Chancellor's Regulation A-449 for more information on what constitutes a "violent criminal offense." When an incident is reported, the principal must conduct a full investigation and notify the New York Police Department (NYPD), the district safety administrator, the Emergency Information Center (EIC) at (718) 935-3210, and the student's parents.

If it is determined by the NYPD and the Safety Administrator that there is reason to believe that the student was the victim of a violent criminal offense on school property, the student is entitled to transfer and parents must be provided with a transfer site within ten calendar days of the determination. The Office of Student Enrollment Planning and Operations (OSEPO) is the office in charge of handing all transfers.

NCLB also requires each state to release an annual list of "persistently dangerous" schools and to grant any student attending one of those schools the opportunity to transfer. The New York State list is released in late August on the State Education Department website, allowing parents and students the chance to request a transfer before the beginning of the school year.

Other safety transfers

Safety transfers are also available if the student's parent has requested such a transfer and it has been determined that the student's continued presence in the school is unsafe for the student. If the safety incident occurs in school, the principal is required to make a full investigation of the incident, prepare an occurrence report, obtain statements from the parties and witness involved, and take appropriate disciplinary action in accordance with Chancellor's Regulation A-412 and A-443. In addition, if the request involves criminal behaviors — whether in school or out of school — the principal will most likely ask the student for a copy of the police report. Within 48 hours of a parent request, the principal must make a recommendation to the borough enrollment director.

If your child has been a victim or if she feels in danger even though no assault has occurred, she should speak with her guidance counselor or the school's assistant principal (AP) of guidance. Also, the child's parent or guardian should meet with the principal or his or her designee as soon as possible to discuss the possibility of a transfer. Many materials will be required for a student to transfer, including the police report and the school occurrence report, as well as immunization records, the student's transcript, program card and current report card, and a copy of the student's Individualized Education Program (IEP), if the student has a disability.

NOTE: An application for a safety transfer is considered an emergency and so a student will often be assigned to any reasonably nearby school that has space. Turning this assignment down could jeopardize the transfer. In some situations, this will be fine. In others, it may turn out that the assigned school isn't a big improvement over the current school or that the student or parent has some specific ideas about where she'd like to go. It is a good idea for the student to bring a list of schools she would like to attend, but there's little guarantee that this will be taken into account. If a safety transfer is requested, it may take time for the placement officer to find out if there is space, but the parent and student should not leave without a sense of how long.