Persistently Dangerous Schools – Clarification of Reportable Incidents

Persistently dangerous schools are designated by reference to the School Safety and Educational Climate (SSEC) incident categories and definitions which enter into a calculated School Violence Index (SVI). The SSEC and SVI have been revised effective July 1, 2021, in response to confusion regarding a number of the categories, their definitions, and how they were weighed in calculating SVI. These amendments apply to SSEC data collection and reporting beginning in the 2021-2022 school year.

The SSEC incident categories and definitions have been amended to reflect only the most violent incidents. The term “threat (other than bomb threat or false alarm)” has been added as a new incident category, and is defined as a verbal, telephoned, written, or electronic message of a threat of violence on school property or at a school-related function. Now, the ten categories for SSEC reporting are homicide; sexual offense; assault; weapons possession; material incidents of discrimination, harassment or bullying; bomb threat; threat other than a bomb threat or false alarm; use, possession or sale of drugs; and use, possession or sale of alcohol.

Additionally, the definitions for sexual offense, assault, and weapons possession have been amended to include three reportable criteria: that the act was committed by a person 10 years or older; that the act constitutes a felony under New York State Penal Law, provided the person possesses the appropriate developmental capacity and capacity to form intent; and that the school has referred the person to the police for their commission of the act.

The SVI has also been amended to remove the weighing of incidents, and now examines a student’s commission of only the four most serious violent categories (homicide, felony assault, felony sexual offense, and weapons use or possession). The total commissions are divided by total student enrollment at the school and multiplied by 100. An SVI of 3.0 or greater for two consecutive years will be used to designate a school as persistently dangerous.

These amendments are intended to make certain SSEC incident categories more consistent with their definitions under State Penal Law. School districts should be aware of these amended definitions, particularly relative to the amended SVI calculation, in assessing and reporting violent incidences during the 2021-2022 school year. If you would like to discuss best practices regarding data collection and reporting or have questions about this issue, please contact us.