States must now define and label ‘persistently dangerous’ schools

The Department of Education wants state leaders to define what makes a school “persistently dangerous,” enforcing a law that schools and families have long underused.

In a letter sent to all chief state school officers on Wednesday, leaders were given guidance on the Unsafe School Choice Option provision. As part of the Elementary and Secondary Education Act of 1965, each state is required to establish a policy aimed at giving students and their families the opportunity to unenroll in persistently dangerous schools and instead attend a safe public elementary or secondary school, including a public charter.

“The Trump-McMahon Department 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,” said Hayley Sanon, acting assistant secretary for the Office of Elementary and Secondary Education.

However, this provision has long been neglected as very few states actively use it in practice. Most states’ definitions for what makes a school “persistently dangerous” are too narrow for a school to check all the boxes.

For instance, a 2019 article from The 74 revealed that in the first two decades of the provision’s existence, just eight states and Puerto Rico have ever identified any schools as “persistently dangerous.” The Trump administration instead wants to draw more attention to the law as another school choice option for families.

Additionally, during the 2023-24 school year, only five states reported identifying persistently dangerous schools, with one state accounting for 15 of the 25 schools reported nationwide, according to the Education Department. And not a single school was labeled persistently dangerous in the 2021-22 school year. Meanwhile, public school districts reported through the Civil Rights Data Collection nearly 1.2 million violent offenses that school year.

States like Texas, for example, haven’t labeled a school as “persistently dangerous” since the law was introduced as part of the No Child Left Behind Act of 2001. In 2005, two Texas public schools were flagged, and their students were given the option to transfer to safer schools, Chron reports.

Meanwhile, Education Secretary Linda McMahon recently acknowledged Arkansas for leading the way as a consistent adopter of the Unsafe School Choice Option for families.

This Administration is committed to improving school safety and expanding education choice.

Today, @usedgov issued guidance to states reminding them to implement the Unsafe School Choice Option.

Great to see @ArkansasEd leading the way. https://t.co/XvWbwEKzh9

— Secretary Linda McMahon (@EDSecMcMahon) May 7, 2025

“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,” said Arkansas Secretary of the Department of Education Jacob Oliva.

Now, under the provision, local education agencies must provide parents a school choice option for students who:

• Attend a public elementary or secondary school that the state has determined to be persistently dangerous based on state-determined criteria established in consultation with a representative sample of LEAs; or
• Become a victim of a violent criminal offense, as determined by state law, while in or on the grounds of a public elementary school or secondary school that the student attends.

Each state must also establish its own definition of persistently dangerous schools. The definition can include any factors that the state believes contribute to an unsafe environment, according to the guidance.

Read the letter sent to chief state school officers here.