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Disclaimers and Notices

Uniform Violent and Disruptive Incident Reporting System (“VADIR”)
Questions & Answers
For Reporting VADIR School Year Data

Most Recent Revision  - June 25, 2007

The following guidance is provided to assist public schools, charter schools and boards of cooperative educational services (BOCES) in completing the Individual Violent and Disruptive Incident Report (“VADIR”) and the Summary of Violent and Disruptive Incidents (“Summary”) Forms. This Q and A is intended to supplement the Directions for Completing the Summary Form and the Glossary of Terms in Reporting Violent and Disruptive Incidents.  School staff responsible for the completion of these forms should review the above documents carefully before determining whether an incident is required to be reported, with special attention to the definitions of the various offenses. They also may want to consult with the school district’s attorney before making such a determination.

A.      Forms, Data and When to Report

 1.         What is the URL for downloading VADIR forms and directions?

The forms are located at the following website: http://www.emsc.nysed.gov/irts/violence-data/home.shtml

 2.        When are incidents reported to the State Education Department (SED)?

            The Summary Form must be sent to SED annually by a date determined by the Commissioner. The Individual Violent and Disruptive Incident Report (“Individual Incident”) forms, or school equivalent, must be filed in the school or district and should not be sent to SED. Schools have the option of deciding whether to keep the reports in individual student files.  The individual reports must also be available for inspection by SED upon request.

3.         How long must a school retain the Individual Incident Report  forms?

            Individual incident report forms and any documentation used to complete the Summary Form    must be retained for six years.

4.         Can a school continue using a database previously used to collect information concerning violent and disruptive incidents?

Yes, as long as the database includes all the categories and data elements needed to complete the Summary Form. Districts using an existing database for collecting VADIR data must ensure that the school collects all the information needed to complete both the Individual Incident and Summary Forms. The database must be capable of, among other things, producing school-based reports for incidents by category, by incident date, and of students in alphabetical order.   

5.         a.   Are school districts required to report ethnicity in the new report? 
            b.  For reasons of confidentiality, should the data on victims be kept in a separate file from the incident report?
            c.   Will software be available to assist  schools in completing the report?

            a.   SED is not requesting a break down by ethnicity.
            b.   Under Education Law § 2802 (6) and § 100.2 (gg) of the Commissioner's Regulations, reports should be kept confidential, and personally identifiable information should not be disclosed except as otherwise authorized by law. Any disclosure must be consistent with Federal and State privacy laws, such as the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C.§ 1232g, the Protection of Pupil Rights Amendments (PPRA), 20 U.S.C. § 1232h, and the Personal Privacy Protection Law, Article 6-A of the Public Officers Law. 
            c.   SED has no immediate plan to issue specific software for this purpose.

6.         Is VADIR information FOILable?

The school district needs to consult with its FOIL (Freedom of Information Law) officer and school attorney about what data elements might be FOILable. Personally identifiable information is confidential and protected from disclosure, but summary data are not. Specific questions about FOIL should be directed to the New York State Department of State’s Committee on Open Government, because it is the State agency responsible for interpreting the FOIL statute.

7.         Once an Individual Incident Form is completed, can it subsequently be amended if it is later determined that the incident described in the form was more or less serious than originally reported? 
 
Yes, the Individual Incident Report can be amended but the revised document should provide a clear audit trail indicating the reasons for the change in the document.  Additionally, any evidence that supports the decision to amend the Individual Incident Form, should, if possible, be attached to the form.  In addition, the original Individual Incident Form should be attached to the amended one. 

  1. In preparation for a SED site visit, should a school file the summary form, individual report form and the disciplinary form together, by building or by district?

A SED site visit will focus initially on the building level process used to collect, report and analyze the data.  All forms related to the incident should be kept by school building.
           

B.      School Property and Grounds

1.         How is school property defined?

            For reporting purposes, school property is defined as in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; in or on a school bus, as defined in Vehicle and Traffic Law §142; or at a school function. (See, Education Law §2801[1] and 8 NYCRR §100.2[gg][1][ii]).

2.         How is a school function defined?

            For reporting purposes, a school function is defined as a school-sponsored or school- authorized extracurricular event or activity, regardless of where such event or activity takes place; including any event or activity that may take place in another state. (See, Education Law §2801[1] and 8 NYCRR §100.2[gg][1][i]).
           
3.         Are incidents that occur on school buses reportable? 

Education Law § 2802 requires the reporting of incidents that occur on "school property," and uses the same definition of "school property" as the Code of Conduct statute, Education Law § 2801(1), which includes incidents occurring in and on a school bus.  An incident that occurs on a school bus is reported by the school in (column i). Under New York State law, a school district is responsible for protecting the safety of students while they are being transported in a school bus.
           
4.         Are incidents reportable that occur on a district school bus that  transports a district student with disabilities or a non-public school student to and from a private placement location or a nonpublic school?

            Education Law §2802 requires the reporting of incidents that occur on "school property," and uses the same definition of "school property" as the Code of Conduct statute, Education Law §2801(1), which includes incidents occurring in or on a school bus.  Under NYS law, a school district is responsible for protecting the safety of students while they are being transported in a school bus.  Thus, the school district must report this incident if it operated the school bus or provided the school bus by contract where the incident occurred. The incident is a reportable incident for the school district, but will not be attributed to any school within the district because neither the student with disabilities nor the non-public school student is associated with any public school within the district. 

5.         Is a school bus stop regarded as school property for the purpose of reporting violent and disruptive incidents?

A school bus stop is not considered school property for VADIR reporting purposes (See, Education Law §2801[1] and 8 NYCRR §100.2[gg][1][ii]).  Thus, incidents that occur at school bus stops would not be reported. 

However, the Commissioner has upheld the suspension of students for off-campus conduct (Appeal of Ravick, 40 Ed Dept Rep 262, Decision No. 14,477; Appeal of Orman, 39 id. 811, Decision No. 14,389; Appeal of Mangaroo, 33 id. 286, Decision No. 13,050; Appeal of Pollnow, 22 id. 547, Decision No. 11,069; Appeal of Rodriguez, 8 id. 214, Decision No. 8015).  Case law has also recognized that students may be disciplined for conduct that occurred outside of the school that may endanger the health safety or welfare of students within the educational system or that may adversely affect the educative process (Matter of Coghlan v. Board of Education, 262 AD2d 949 [4th Dept 1999], citing Pollnow v. Glennon, 594 F.Supp. 220, 224 [S.D.N.Y. 1984], aff'd, 757 F.2d 496 [2d Cir. 1985]).   Accordingly, school districts have the authority to regulate student conduct that occurs off school property, but such incidents and any discipline or referral action that results from them would not be reportable under the VADIR System.

6.         Is an incident reportable if it was committed on school property by a non-enrolled student or an adult attending a non-school sponsored event ?

Incidents in categories 1-8, 14-15, and 17-19 that occur on school property or during school-sponsored or school-authorized extracurricular event or activity, are reportable in all circumstances, regardless of both the time when they occurred and whether or not the person committing the act was an enrolled student.

Incidents in categories 9-13, 16 and 20 that occur on school property or during school-sponsored or school-authorized extracurricular event or activity, are reportable if the incident resulted in one or more of the disciplinary responses that are listed on the Summary Form, or would have resulted in one or more of the disciplinary responses listed on the Summary Form, in the case of an unknown perpetrator, regardless of the time when the incident occurred and whether or not the person committing the act was an enrolled student.

  1. Is an incident reportable if it occurs during summer vacation or some other time when school is not in session, such as, the evenings or weekends.

Incidents in categories 1-8, 14-15, and 17-19 that occur on school property or during school-sponsored or school-authorized extracurricular event or activity, are reportable in all circumstances, regardless of both the time when they occurred and whether or not the person committing the act was an enrolled student.

Incidents in categories 9-13, 16 and 20 that occur on school property or during school-sponsored or school-authorized extracurricular event or activity, are reportable if the incident resulted in one or more of the disciplinary responses that are listed on the Summary Form, or would have resulted in one or more of the disciplinary responses listed on the Summary Form, in the case of an unknown perpetrator, regardless of the time when the incident occurred and whether or not the person committing the act was an enrolled student.

  1. Who is reports an incident that occurs while a school’s team is participating in an off school property State sectional athletic event, such as Section 8 sponsored sports playoffs?

Who is required to report this incident depends on a number of factors. For instance, if a member of the school in question was involved in the incident then that school would report the incident because it occurred during a school-authorized extracurricular event or activity. If the event was being hosted by another school within Section 8, then this school would also report the incident. If the event being sponsored was on a neutral site, such as, a college campus, then the incident would only be reported by the schools that had students involved in the incident.

  1. If  a middle school and high school share the same building, which school would report an incident that involving both a middle school student and a high school student?

It would depend on the particular facts.  The middle school would report the incident if it occurred in a part or parts of the building under its control and supervision.  The high school would report the incident if it occurred in a part or parts of the building under its control and supervision.  

Reportable Offenses

1.       When are incidents involving physical injury reportable?  

Incidents involving physical injury, with or without the use of a weapon, must be reported regardless of the type of disciplinary or referral action that results.  Such incidents must be reported even if they do not result in any disciplinary or referral action.  Additionally, such incidents must be reported regardless of whether or not the perpetrator(s) is identified.

2.         When are incidents involving the threat of physical injury reportable?

Incidents involving the threat of physical injury, with or without the use of a weapon, by subjecting an individual or individuals to danger by recklessly engaging in conduct that creates a grave risk of death or serious physical injury, yet causes no actual physical injury, must be reported regardless of the type of disciplinary or referral action that results.  Such incidents must be reported even if they do not result in any disciplinary or referral action.  Additionally, such incidents must be reported regardless of whether or not the perpetrator(s) is identified.  Incidents meeting this description are reported in incident category number 8 - reckless endangerment.

3.         When are weapons possession incidents reportable?

Incidents involving weapons possession must be reported regardless of the type of disciplinary or referral action that results.  Such incidents must be reported even if they do not result in any disciplinary or referral action. Additionally, such incidents must be reported regardless of whether or not the perpetrator(s) is identified.

4.         When are incidents involving the use, sale or possession of drugs or alcohol reportable?

Incidents involving the use, sale or possession of drugs or alcohol must be reported regardless of the type of disciplinary or referral action that results.  Such incidents must be reported even if they do not result in any disciplinary or referral action.  Additionally, such incidents must be reported regardless of whether or not the perpetrator(s) is identified.

5.         When are incidents involving bomb threats or false alarms reportable?

Incidents involving bomb threats or false alarms must be reported regardless of the type of disciplinary or referral action that results.  Such incidents must be reported even if they do not result in any disciplinary or referral action. Additionally, such incidents must be reported regardless of whether or not the perpetrator(s) is identified.

6.         When are incidents involving intimidation, harassment, menacing or bullying behavior reportable?

Incidents involving intimidation, harassment, menacing or bullying behavior are reportable if:
(1) the behavior of the known or unknown perpetrator involved in such incidents, under the district's code of conduct, is of sufficient seriousness to warrant:

(2)  the incidents are the subject of a written or oral complaint to the school principal or other school administrator responsible for school discipline or are otherwise directly observed by such principal or administrator.

Incidents meeting the description in 7(1) are reported in Item 10, and incidents meeting the description in 7(2) are reported in Item 2. 
 
Incidents involving intimidation, harassment, menacing, or bullying behavior are reportable whether or not the perpetrator(s) is identified.

7.         When are incidents involving burglary or criminal mischief reportable?

Incidents involving burglary or criminal mischief are reportable if the behavior of the known or unknown perpetrator involved in such incidents, under the district's code of conduct, is of sufficient seriousness to warrant:

8. When are incidents involving larceny or other theft offenses reportable?

Incidents involving larceny and other theft offenses are reportable if the behavior of the known or unknown perpetrator involved in such incidents, under the district's code of conduct, is of sufficient seriousness to warrant:

9.         When are incidents involving riot reportable?

Incidents involving riot are reportable if the behavior of the known or unknown perpetrator involved in such incidents, under the district's code of conduct, is of sufficient seriousness to warrant:
            -     the suspension of a student; or

10.       When are other disruptive incidents reportable?

Other disruptive incidents are reportable if the behavior of the known or unknown perpetrator involved in such incidents, under the district's code of conduct, is of sufficient seriousness to warrant::

11.       Is an incident resulting in an in-school detention reportable? 

Whether an incident resulting in detention is reportable depends on the type of offense(s) involved in the incident.  (See, Answers to Questions 1 through 10.) If an incident that results in a detention involves incident categories 1 through 8, 14,15,17,18 or 19 it must be reported. However, since incidents that result in detentions generally tend to involve less serious offenses, most incidents resulting in detentions will not rise to the level of a disciplinary or referral action that will trigger the reporting requirement.

12.       Is the threshold for reporting an incident one day of suspension (in-school, out-of-school, or its equivalent) or more than one day of suspension?

Whether an incident resulting in one day of suspension or more than one day of suspension is reportable depends on the type of offense(s) involved in the incident.  (See, Answers to Questions 1 through 10.)  However, generally speaking, incidents that result in suspensions that last for, at least, the equivalent of one full day should be reported.

13.       Do court decisions affect reporting on the Summary Form?

            No. All incidents referred to the justice system must be reported regardless of the legal disposition of the case.

14.       For incidents that are reportable under Item 2 on the Summary Form, what parts of the Individual Incident Form must be completed?

            The incident should be described on page one.  Check the box in Item 2, on page 2 on the Individual  Incident Form.  These checked boxes are tallied for the Summary Form.

15.       Are incidents involving tobacco reportable?
 
            Incidents involving tobacco are reportable when the incident violates the school district’s code of conduct, is determined to be disruptive to the educational process, such as smoking in class, and results in one of the consequences (j-o) listed on the Summary Form.  These incidents are reported in Category 20 (Other Disruptive Incidents).

16.       Why does the Individual Incident Form contain space for information regarding two or more students?

            The form is an incident report and sometimes more than one student is involved in the same incident.

17.       If an incident results in more than one form of disciplinary or referral action, how should it be reported?

            All consequences directly related to the incident should be reported.

18.       Referral to a guidance counselor or student assistance counselor does not constitute a “program” per se.  Frequently, counselors may serve both in a “referral” and a “preventative” role, so it would be difficult to count all such counseling events.  Would it make more sense to report only those incidents that result in a “program” referral, e.g., peer mediation?

            You do not need to report all referrals to guidance counselors. The guidance document establishes the threshold for reporting incidents as a referral to formal, multi-session interventions, provided by certified or licensed professionals, aimed at reducing risk factors and increasing protective factors linked to the identified problem area.
           
19.       Does an alleged incident of Intimidation, Harassment, Menacing or Bullying need to be reported in Item 2 of the Individual Incident Form if the incident is judged to be unfounded by the principal or other school administrator responsible for student discipline?

Yes, any incident reported to the building principal or other school administrator responsible for student discipline must be reported, regardless of whether the complaint is subsequently determined to be unfounded.

20.       Are incidents that violate the district’s code of conduct but are not disruptive to the educational process, such as a student cutting school, required to be reported if the school district’s disciplinary response meets or exceeds the threshold for reporting?

An incident must be reported if it meets the following criteria:  (1) it involves physical injury or the threat of physical injury, or (2) it disrupts the educational process and is serious enough to lead to disciplinary or referral action.  An incident that involves physical injury or the threat of physical injury must be reported regardless of whether or not the offender is disciplined or referred to law enforcement.  A disruptive incident that involves a weapon must be reported regardless of whether or not it results in disciplinary or referral action.  However, an incident that does not meet the above-referenced criteria should not be reported even if the disciplinary or referral action exceeds the threshold for reporting. A student cutting class would generally be a non-reportable incident, since it is not disruptive to the educational process.

21.       When are ordinary items, such as a chair or wrench, considered weapons for VADIR reporting purposes? 

For ordinary items like a chair or a wrench to be considered a dangerous or deadly instrument (weapon), it must be possessed with intent to use it unlawfully against another. (See, 8 NYCRR §100.2[gg][1][v][k].)  Penal Law §10.00(13) defines a deadly instrument as any instrument, article or substance, including a vehicle, which under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing death or other serious physical injury. 

22.          How are imitation guns defined and reported for VADIR purposes?

Incidents where a student possessed or used an imitation firearm as defined below must be reported as an incident “with a weapon” or in the “weapon possession only” category in cases of simple possession.  Note, however, that in Item 5, such imitation firearms are not classified as firearms, but as “other weapons.”  Toy guns that do not meet the definition of imitation firearms below are not considered weapons for VADIR purposes. 

Definition of imitation firearms:

For VADIR purposes, an imitation gun means any device or object made of plastic, wood, metal or any other material which substantially duplicates or can reasonably be perceived to be an actual firearm, including but not limited to a rifle, shotgun, pistol, handgun, silencer, electronic dart gun, stun gun, machine gun, air gun or spring gun.

A toy or imitation firearm will not be considered an imitation gun for VADIR reporting purposes if:

                  (a) the entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singularly or as the predominant color in combination with other colors in any pattern; or

                  (b) such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm’s complete contents; and

                  (c ) the barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than one-half inch from the front end of said barrel; and

                   (d ) such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can readily be identified; and

                  (d) such toy or imitation firearm does not have attached thereto a laser pointer.

D.      School Safety and Resource Officer

1.         What is the definition of a school safety officer (SSO)?

            A safety officer as requested in Item 7 of the Summary Form, refers to a school resource officer(s) who is placed in the school to help ensure a safe and secure environment.

2.         In Item 7 of the Summary Form asks whether a police and safety officer is present in a school on a regularly scheduled basis. Who determines what constitutes a regularly scheduled basis for VADIR reporting purposes?

            The determination regarding what constitutes a regularly scheduled basis for VADIR reporting purposes should be made locally by the school district superintendent or a designated school official/district administrator.

3.         What is the role of the school resource officer (SRO) in reporting violent and disruptive incidents?

            The role of the SRO in reporting incidents should be determined locally.

E.       Specific Incidents

 1.        If a student is involved in multiple incidents during a day, should the incidents be reported as one incident or as multiple incidents? For example, in the morning a student is involved in a fight in the school’s gymnasium.  Later the student steals a wallet from a school locker.  After school, the student throws a rock through a car window in the school parking lot. Must this be reported as one incident or as multiple incidents?

            This example must be reported as three separate incidents because each of these incidents is a distinguishable event. However, actions that are linked together in an unbroken chain of events would be reported as one incident. In reporting an incident, a school official/district administrator must select the most appropriate category for the incident. Each violent and disruptive incident must be reported under only one category.  In addition, if an incident involves more than one category, report it in the category with the lowest number, which is generally the most severe offense.

 2.        A student attends a full or part-time BOCES program that is operated in classroom space rented by BOCES from a component school district. If the student is involved in an incident that takes place in a common area on school property (e.g., a hallway, a cafeteria, a gymnasium, parking lot, etc.) or on school buses that the school district operates or provides by contract, who reports the incident to SED? The BOCES or the school or both?

            The school district must report incidents that occur in common areas or on school property that are under the control of the school district or on the school buses that the school district operates or provides by contract. The BOCES reports incidents that occur on school buses that the BOCES operates or provide by contract with an entity other than the school district.

3.         A student attends a full or part-time BOCES program that is operated by the BOCES in classroom space rented by BOCES from a component school district. If the student is involved in an incident that takes place in the BOCES’ classroom, who reports the incident to SED? The BOCES or the school or both?

            Only the BOCES would report this incident because it occurred in space under BOCES supervision.

4.         When a student with a disability engages in conduct that violates the school district's code of conduct and when the conduct has been determined to be a manifestation of the student's disability, is the incident reportable?

            It depends on the particular facts.  Incidents in categories 1-8, 14-15, and 17-19 and all other incidents involving a weapon, that occur on school property or during school-sponsored or school-authorized extracurricular event or activity, are reportable in all circumstances, regardless of both the time when they occurred and whether or not the acts were determined to be a manifestation of a student’s disability. The purpose of the VADIR system is to collect data on all violent and disruptive incidents; there is no automatic exclusion of incidents where the offender is a student with a disability.

            Section 201.4 of the Regulations of the Commissioner of Education provides general guidelines for a manifestation review which must be conducted for an incident to be judged a manifestation of a disability. It states that a manifestation review shall be conducted by a manifestation team in a meeting, which shall include a representative of the school district knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the CSE as determined by the parent and the school district. 

             If, hypothetically, a student with a disability were to bring a weapon to school and cause the death of another, the incident would be reportable in the homicide category, even if it were determined to be a manifestation of the student's disability; the mental state of the perpetrator is irrelevant to that offense as defined for purposes of the VADIR.  If, on the other hand, a student with a disability strikes another person and that conduct is determined to be a manifestation of the student's disability, the incident may or may not be reportable.  To meet the definition of an assault the student would have to engage in intentional or reckless behavior. A determination that the conduct was a manifestation of the student's disability may indicate that the conduct was not intentional and should not be considered reckless behavior. The conduct would fit the definition of a minor altercation, if it is determined that the student had an intent to harass, annoy, or alarm another person and no physical injury results; otherwise, the incident would fit into Category 20, Other Disruptive Incidents.   In either case, whether or not it involves minor altercation, intimidation, harassment, menacing or bullying or other disruptive incidents, the incident would be reportable, if it results in a disciplinary or referral action.   If, for example, such an incident is sufficiently serious that it results in a suspension from school; an in-school suspension or a change in placement (e.g.) placement in an interim alternative educational setting, it is a reportable incident, regardless of any manifestation determination.   On the other hand, if all that occurs is the result of a functional behavioral assessment or the review or modification of a behavioral intervention plan, as required by law, without a change in placement, the incident would not be reportable.

 5.        A student from outside the district, while attending summer school, commits a violent and disruptive incident. Should this student be regarded as an enrolled or non-enrolled student in the district where the incident took place?

A student who is attending summer school outside of his/her school district must not be considered to be enrolled in the school district that is providing the summer school services.  Report the incident and the consequence in Item 3 of the Summary Form (Incidents Where the Offender is Not an Enrolled Student).

6.         During a routine tour of school grounds, a weapon is discovered. In what category should this incident be reported?

A weapon discovered during a routine tour of the school grounds/property should be reported in Item 1 - Category 17 (Weapons Possession Only) of the VADIR Form and in Category 17  (Weapons Possession Only) of the Summary Form.  In this situation, no offenders, victims, or consequences would be reported.  Additionally, the incident must be reported in Item 5a (Other Information Regarding Incidents Involving Weapons) of the Summary Form because the type of weapon involved in the incident must be reported and counted.

7.         A group of students attacks another student and in the process of defending him/her self, the lone student hits or kicks one of his/her attackers and causes physical injury. For reporting purposes, must the action of the lone student be reported as assault with physical injury? If so, is the attacker listed as the victim and is the student engaged in self-defense listed as the offender?

The directions for both the VADIR Form and Summary Form state that each incident must be reported in only one category.  If an incident involves more than one category, it must be reported in the category with the lowest number, which is generally, the more severe offense.  Thus, the victim in the above scenario would be considered the offender for reporting purposes if he/she caused more physical injury to his/her attackers, while defending himself/herself than they caused to him/her.

8.         Who are considered Victims of  Violent Criminal Offenses for Reporting Purposes?

Education Law §2802(7) and 8 NYCRR §120.5 implement the No Child Left Behind's (NCLB) unsafe school choice provisions.  Among other things, each local educational agency must provide school choice to students who are victims of violent criminal offenses.

Pursuant to Education Law §2802(7)(b) and 8 NYCRR §120.5(b), a violent criminal offense is a crime that involves the infliction of serious physical injury as defined in the Penal Law; a sex offense that involved forcible compulsion; or any other offense defined in the Penal Law that involved the use or threatened use of a deadly weapon. 

A deadly weapon is any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged. Also included in this definition are  a switch blade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, or metal knuckles (Penal Law §10.00[12]).

A deadly instrument is any instrument, article or substance, including a vehicle, which under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing death or other serious physical injury (Penal Law §10.00[13]). 

Based on the foregoing, students who are victims of the following crimes must be provided with unsafe school choice and must be reported in Item 6 on the Summary of Violent and Disruptive Incident Form:

9.         A school athletic team visits another school for an athletic event. While there, the two teams get into a fight. How should the incident be reported?

The incident must be reported by both school districts because school districts are responsible for reporting violent or disruptive incidents that occur on both school property and at school functions (8 NYCRR §§100.2[gg][1][i]-[ii]). A school function means a school-sponsored extracurricular event or activity, such as an athletic event (8 NYCRR §§100.2[gg][1][i]).

10.       Are school districts required to report violent and disruptive incidents that occur at programs preparing students for the GED tests or at county jails where the school district is providing instruction?

A GED program is not in and of itself an elementary or secondary school; the program does not lead to a high school diploma. Thus, reporting will depend on where the program is located.  If a GED program is located in a registered high school, incidents must be reported.  It makes no difference whether or not the offender is enrolled in a GED program, enrolled in a program leading to a diploma, or a complete stranger to the school-- the incident is reportable if it occurs on school property or during school-sponsored or school-authorized extracurricular event or activity, is violent or disruptive, and meets the disciplinary threshold for incident categories that require the threshold to be met.

Reporting is required for incidents that occur on school property of a public school, charter school or BOCES.  Since incarcerated youth programs are conducted off-site, there is no reporting required. The incarcerated program is analogous to home and hospital instruction. The fact that instruction is provided in a hospital does not make the hospital a school.

11.       If a charter school rents space within an LEA school building, what part(s) of the building would the charter school consider as its "school grounds" for VADIR reporting purposes?

The charter school must report all incidents that occur in the parts of the building that are under the charter school's control.  The charter school must also report incidents that occur on school buses that the charter school operates or provides by contract with an entity other than the school district.  The school district, from which the charter school rents space, must report all incidents that occur in common areas or on school grounds under the school district's control or on school buses that the school district operates or provides by contract.  However, if the charter school had staff supervising students in the halls or in transit to school buses, those areas are under the charter school's control during those periods of time.  Thus, any incidents that occurred during those time periods must be reported by the charter school.
           
12.       If a charter school is housed within a corporation's office building, what parts of the building are considered "school property" for VADIR reporting purposes?  

Any part of the corporation's building that is under the charter school's control would be considered "school property" for VADIR reporting purposes.  Additionally, any areas to which the charter school staff or students would have access under the terms of the lease would be considered under the control of the charter school for VADIR purposes.  Thus, the charter school must report all incidents that occur in the parts of the building that are under its control and all incidents that occur in areas of the building that the charter school staff or students have access to under the terms of the lease.  Incidents that occur in the parking lot, playing fields, and entrances would have to be reported.  The charter school must also report incidents that occur on school buses that the charter school operates or provides by contract with an entity other than the school district. 

13.       Which incident category is used to report altercations involve the intent to injure but result in no injuries?

            These incidents are most appropriately reported in Category #9, Minor Altercations.

14.       Two students brandishing knives have a fight in a school building; this results in one student inflicting serious physical injury on the other. How should this be reported?

            VADIR is an incident-based reporting system. The incident must be listed as an assault with serious physical injury, which is the highest-ranking category of offense involved in this incident. Additionally, the incident must be reported as one incident involving two weapons, both of which were knives.

15.       How should an incident be reported when a student is found to be in possession of five knives?

            The incident must be reported as one incident of weapons possession. The five knives should be listed in the weapons column.