The Unsafe School Choice Option requires each state that receives funds under the Elementary and Secondary Education Act as amended by the No Child Left Behind Act to establish and implement a statewide policy requiring that students who attend a persistently dangerous school or become victims of violent crimes on the grounds of a school they attend be allowed to attend a safe school within the same district.

State education agencies, or the state agency designated to handle Unsafe School Choice Option responsibilities, must:

• Establish a state "Unsafe School Choice Option" policy.
• Identify "persistently dangerous" schools.
• Identify types of offenses that are considered to be violent criminal offenses.
• Provide a safe public school choice option.
• Include a certification of compliance in applications for ESEA funds.

A California public elementary or secondary school is considered to be "persistently dangerous" if each of the following two conditions exist for three-consecutive fiscal years:

1. The school has a federal or state gun-free schools violation or a violent criminal offense has been committed by a student or a non-student on school property and
2. The school has expelled students, under California Education Code, for any of the following offenses:

• Assault or battery upon any school employee - Section 48915(a)(5)
• Brandishing a knife - Section 48915(c)(2)
• Causing serious physical injury to another person, except in self-defense - Section 48915(a)(1)
• Hate violence - Section 48900.3
• Possessing, selling, or furnishing a firearm - Section 48915(c)(1)
• Possession of an explosive - Section 48915(c)(5)
• Robbery or extortion - Section 48915(a)(4)
• Selling a controlled substance - Section 48915(c)(3)
• Sexual assault or sexual battery - Section 48915(c)(4)

The number of expulsions for these offenses must exceed one of the following rates:

(a) For a school of fewer than 300 enrolled students, three expulsions
(b) For a larger school, one expulsion for every 100 enrolled students or fraction thereof