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22 Pa. Code § 403.2. Definitions.

§ 403.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AYP—Adequate yearly progress as defined by section 1111(b)(2)(C) of Title I (20 U.S.C.A. §  6311(b)(2)(C)), added by NCLB.

   Associate’s degree—Associate’s degree as described in §  31.21(b)(1) (relating to curricula).

   Core academic subjects—Core academic subjects as defined by section 9101(11) of the ESEA (20 U.S.C.A. §  7801(11) (relating to definitions)), as amended by the NCLB.

   Dangerous incident—A weapons possession incident resulting in arrest (guns, knives or other weapons) or a violent incident resulting in arrest (homicide, kidnapping, robbery, sexual offenses and assault) as reported on the Violence and Weapons Possession Report (PDE-360).

   Department—The Department of Education of the Commonwealth.

   ESEA—The Elementary and Secondary Education Act of 1965 (20 U.S.C.A. § §  6301—7941), as amended by the NCLB.

   Highly qualified elementary teacher—Highly qualified elementary teacher as defined by section 9101(23) of the ESEA (20 U.S.C.A. §  7801(23)), as amended by the NCLB.

   Highly qualified middle or secondary teacher—Highly qualified middle or secondary teacher as defined by section 9101(23) of the ESEA as amended by the NCLB.

   Institution of higher education—Institution of higher education as defined by section 9101(24) of the ESEA.

   LEA—A local educational agency.

   NCLB—The No Child Left Behind Act of 2001 (Pub. L. No. 107—110, 115 Stat. 1425) (20 U.S.C.A. § §  6053e, 6054b, 6055h, 6056a, 1041—1044, 3427 and 6052).

   PSSA—The Pennsylvania System of State Assessment.

   Persistently dangerous school—A public elementary, secondary or charter school that meets one of the following criteria in the most recent school year and in 1 additional year of the 2 years prior to the most recent school year:

     (i)   For a school whose enrollment is 250 or less, at least five dangerous incidents.

     (ii)   For a school whose enrollment is 251 to 1,000, a number of dangerous incidents that represents at least 2% of the school’s enrollment.

     (iii)   For a school whose enrollment is over 1,000, 20 or more dangerous incidents.

   Public School Code—The Public School Code of 1949 (24 P. S. § §  1-101—27-2702).

   Safe public school—A public school that has not been designated as a persistently dangerous school under this chapter or that has had that designation removed by the Department.

   State Board—The State Board of Education of the Commonwealth.

   Title I—Title I of the ESEA (20 U.S.C.A. § §  6301—6578), as amended by the NCLB.

   Two years of study at an institution of higher education—Completion of 48 credits at an institution of higher education.

   Victim or student victim—The student against whom a violent criminal offense has been perpetrated while the student was in or on the grounds of the public elementary or secondary school that the student attends.

   Violent criminal offense—Any of the following offenses that are set forth in 18 Pa.C.S. (relating to Crimes Code):

     (i)   Kidnapping.

     (ii)   Robbery.

     (iii)   Aggravated assault (on the student).

     (iv)   Rape.

     (v)   Involuntary deviate sexual intercourse.

     (vi)   Sexual assault.

     (vii)   Aggravated indecent assault.

     (viii)   Indecent assault.

     (ix)   Attempt to commit any of the following: homicide, murder or voluntary manslaughter.


   The provisions of this §  403.2 amended December 27, 2002, effective December 28, 2002, 32 Pa.B. 6359; amended June 27, 2003, effective June 28, 2003, 33 Pa.B. 2980. Immediately preceding text appears at serial pages (295085) to (295086).

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