School Climate & Safety

IG Report Questions NCLB’s Unsafe-Schools Option

By Lesli A. Maxwell — August 09, 2007 3 min read
  • Save to favorites
  • Print

The inspector general’s office in the Department of Education is the latest in a steady line of critics to conclude that a provision of the No Child Left Behind Act meant to identify dangerous schools and allow students to transfer out of them is ineffective and needs an overhaul.

The “unsafe-school choice option”—a short section in the main federal K-12 law—requires states to identify public schools that are “persistently dangerous.” The law leaves it up to each state to decide which criteria it will use to determine whether schools are safe.

On Aug. 2, the Education Department’s office of the inspector general released an 11-page “perspective paper” that outlines the measure’s weaknesses and makes recommendations to both Congress and Education Department officials for improving it.

“Although the USCO provision was well intended, it is clear that it has not advanced the national effort to ensure students a safe school environment,” says the report.

'Dangerous' Schools

Department of Education figures show the relatively small number of schools that states have reported as “persistently dangerous” under the No Child Left Behind Act.

45unsafe c1

SOURCE: U.S. Department of Education Office of Inspector General

The inspector general’s report is one of several that the department will consider as it shapes its own recommendations to Congress on the provision, said William Modzeleski, an associate assistant deputy secretary of education and the second-in-command in the department’s office of safe and drug-free schools.

“This is definitely an issue that should be closely reviewed,” Mr. Modzeleski said. “Philosophically, I don’t think there’s much disagreement on why the provision is there, but there is a lot of discussion around what constitutes a safe school and what constitutes an unsafe school.”

“There is concern that the states have set the bars too high” for determining what is an unsafe school, he added.

Excluding Offenses

In most cases, according to the report, states have drawn up guidelines for complying with the provision that would rarely, if ever, result in identification of a school as unsafe. That explains, in part, why only 46 public schools out of roughly 94,000 nationwide were identified as “persistently dangerous” at the end of the 2006-07 school year.

Most states have never labeled any of their schools unsafe under the NCLB provision.

In Ohio, for example, at least 2 percent of the student enrollment at a school would have to be victims of a violent crime in each year for two consecutive years before the school would be labeled unsafe, according to the federal report. Under the state’s policy, the inspector general’s office concludes, a school with 1,000 students “could experience four homicides and seize a weapon from students on 10 occasions each year without qualifying as persistently dangerous.”

Educators have chafed at using the “persistently dangerous” label, arguing that it is too harsh and burdens schools with a negative tag. Under the 5½-year-old NCLB law, students who attend schools identified as dangerous are allowed to transfer to a safe school within the same district.

A panel appointed to advise Secretary of Education Margaret Spellings on school safety and anti-drug programs has also found fault with the way the provision is working. (“Law’s ‘Persistently Dangerous’ Tag Weighed,” Nov. 1, 2006.)

The inspector general’s office found that common offenses such as simple assault or bullying were often excluded from some states’ criteria, and that disciplinary actions such as suspensions and expulsions were often the main criteria for labeling a school, rather than actual violent incidents. The review also revealed that several states don’t consider a single year of data, instead requiring two- and three-year thresholds to be met before labeling a school unsafe.

To improve the provision, the report calls for requiring states to factor in all violent incidents that occur at schools, not just those that necessarily result in students’ suspension or expulsion from school. It also recommends that states be allowed to use only the most current year of data in deciding whether to label a school safe or unsafe.

A version of this article appeared in the August 15, 2007 edition of Education Week as IG Report Questions NCLB’s Unsafe Schools Option

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
Education Funding Webinar Congress Approved Next Year’s Federal School Funding. What’s Next?
Congress passed the budget, but uncertainty remains. Experts explain what districts should expect from federal education policy next.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety States Push AI Weapons Detection as Part of School Safety
Three states are considering whether to require weapons-detection systems at school entrances.
5 min read
A display indicating a detected weapon is pictured on an Evolv weapons detection system in New York City.
A display indicating a detected weapon is pictured on an Evolv AI weapons detection system in New York City, on March 28, 2024. Lawmakers in Georgia are weighing a bill that would require all public schools to have weapons-detection systems or metal detectors at building entrances. While supporters say the systems make schools safer, critics say the technology has limitations.
Barry Williams/New York Daily News via TNS
School Climate & Safety What 3 Top Principals Do So Students Feel Like They Belong at School
Principals use belonging, mentorship, and creative incentives to boost attendance.
5 min read
Image of a group of students meeting with their teacher. One student is giving the teacher a high-five.
Laura Baker/Education Week via Canva
School Climate & Safety Q&A This Principal Puts Relationships Ahead of Content. Here’s How
A school leader discusses how he and his staff create a safe and supportive learning environment.
5 min read
Damon Lewis.
"We're going to get to the standards ... but we have to make sure that our kids feel safe enough to come into our building," said Damon Lewis, the principal for Ponus Ridge STEAM Academy in Norwalk, Conn., and the National Middle Level Principal of the Year in 2025.
Allyssa Hynes/NASSP/NASSP via reporter
School Climate & Safety This Key Factor Helps Students Feel Safe at School
Students who believe educators take their safety concerns seriously are more likely to feel safe.
3 min read
A hallway at a school in Morrisville, Pa., on Nov. 13, 2025. Data from a recent survey shows the link between safety and relationships come as schools carve out portions of their increasingly limited budgets on school security measures, safety training, and mental health programs to keep students safe.
A recent survey shows the link between safety and relationships as schools struggle to carve out portions of their increasingly limited budgets for school security measures, safety training, and mental health programs. A hallway at a school in Morrisville, Pa., is shown on Nov. 13, 2025.
Rachel Wisniewski for Education Week