The U.S. Department of Education’s Office of Elementary and Secondary Education has issued new guidance to chief state school officers regarding the Unsafe School Choice Option provision under the Elementary and Secondary Education Act of 1965 (ESEA). This provision mandates that each state must create a policy allowing students in persistently dangerous schools to transfer to safer public schools, including charter schools.
Hayley Sanon, Acting Assistant Secretary for the Office of Elementary and Secondary Education, stated, “The Trump-McMahon Department of Education is committed to ensuring all children can attend a safe school in which they can focus on mastering the reading and mathematics skills necessary for success in school and beyond.” She added that states are encouraged "to build on the work they have done to maximize parent options for choosing the safest school setting for their children.”
Arkansas Secretary of the Department of Education Jacob Oliva expressed pride in Arkansas's compliance with this option, saying, “Arkansas is proud to lead the way in compliance with the Unsafe School Choice Option to help ensure every child has the opportunity to learn in a safe environment.” He looks forward to collaborating further with Secretary McMahon and the Trump Administration.
Virginia Superintendent of Public Instruction Emily Anne Gullickson emphasized how this provision empowers families: “The Unsafe School Choice Option empowers students and families by providing additional pathways to safer educational environments, giving every child the opportunity to learn and thrive in a secure setting.” She acknowledged Virginia's commitment to maintaining safe learning communities while expanding educational freedom.
Title VIII, Section 8532 of ESEA requires states to offer parents choices when their children are enrolled in schools deemed unsafe or if they become victims of violent crimes at school. Each state must define what constitutes a persistently dangerous school based on its criteria.
