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INFORMATION
Citizen Participation

 

 

1.0 Purpose

The purpose of this regulation is to ensure that effective communication and working relationships exist between public schools and law enforcement agencies.

 

2.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Alternative Program" mean a program established pursuant to 14 Del.C., Chapter 16.

"School Employee" means all persons 18 years of age or older hired by a school district, attendance zone, or charter school; subcontractors such as bus drivers or security guards; employees of an Alternative Program provider; substitute employees; and persons hired by or subcontracted by other state agencies to work on school property. This definition shall be consistent with 14 Del.C. §4112.

26 DE Reg. 685 (02/01/23)

 

3.0 Written Policy and Memorandum of Agreement (MOA)

3.1 All local school districts, charter schools, and Alternative Programs shall establish a written policy on effectively communicating and working with law enforcement agencies. Each school district, charter school and Alternative Program shall develop a MOA with each law enforcement agency which provides services to it. Each MOA shall be in a form substantially similar to a Model MOA as developed, approved and revised as needed by the Department of Education.

3.2 The Department of Education shall review the Model MOA, and each school district, charter school, or Alternative Program shall review its current MOA at least once every 3 years.

26 DE Reg. 685 (02/01/23)

 

4.0 Training Component

4.1 Any school administrator responsible for reporting school crimes or reporting school conduct incidents to law enforcement and to the Department of Education; or any school administrator responsible for reporting suspension and expulsion data to the Department of Education; or any school administrator responsible for any disciplinary process involving staff or students shall complete Department of Education approved training and any such additional training the Department of Education may prescribe.

4.2 The approved training shall be primarily provided by staff at the Department of Education. The training may be provided by a school administrator at the district, charter school, or Alternative Program who is qualified to provide such training by having completed the Department of Education approved training within the last 24 months. The district, charter school, or Alternative Program shall provide the names of trainers conducting the training and the names of school administrators attending the training if such training was provided by the district, charter school, or Alternative Program.

4.3 Each school district, charter school, and Alternative Program shall, at the time of hiring and at the beginning of each school year thereafter, advise each School Employee of the duty to report school crimes and the penalty for failure to so report as prescribed in 14 Del.C. §4112 (e).

26 DE Reg. 685 (02/01/23)

 

5.0 Reporting of Crimes to the Delaware Department of Education

The principal or head administrator of each school, charter school, and Alternative Program, or the principal's or head administrator's designee, shall ensure each school within the principal's or head administrator's jurisdiction reports to the Department of Education all school crimes required to be reported pursuant to 14 Del.C. §4112, and any subsequent amendment thereto. Such reports shall be submitted in a format as designated by the Department of Education and filed with the Department of Education within the time prescribed by Delaware statutes.

26 DE Reg. 685 (02/01/23)

 

6.0 Reporting Specific Incidents of Misconduct

6.1 In addition to those school crimes required to be reported to law enforcement pursuant to 14 Del.C. §4112, the principal or head administrator of each school, charter school, and Alternative Program, or the principal's or head administrator's designee, shall report to the Department of Education when any incidents of misconduct as defined in subsections 6.1.1 through 6.1.14 occur on school property or at a school function except subsection 6.1.6.1 which must be reported to the Department of Education regardless of origin of the speech. Such reports shall be submitted in a format as designated by the Department of Education and filed with the Department of Education not later than 5 working days following the incident.

6.1.1 Pornography, possession and production

6.1.2 Criminal mischief (vandalism)

6.1.3 Tampering with public records

6.1.4 Alcohol, possession and use

6.1.5 Felony theft

6.1.6 Bullying (allegations and substantiated incidents)

6.1.6.1 Cyberbullying (allegations and substantiated incidents) as defined in 14 DE Admin. Code 624, subsection 2.1.

6.1.7 Offensive Touching (student or employee victim)

6.1.8 Terroristic Threatening (student or employee victim)

6.1.9 Sexual Harassment

6.1.10 Fighting

6.1.11 Inhalants

6.1.12 Drug Paraphernalia

6.1.13 Teen Dating Violence

6.1.14 Unlawful Drug Use or Influence

16 DE Reg. 838 (02/01/13)

26 DE Reg. 685 (02/01/23)

 

7.0 Compliance Component

A school that fails to comply with the reporting mandates as set forth herein shall be subject to identification as a "Persistently Dangerous School" as this term is defined in 14 DE Admin. Code 608. A school identified as a Persistently Dangerous School will retain that designation for the entire fiscal year.

11 DE Reg. 741 (12/01/07)

16 DE Reg. 838 (02/01/13)

22 DE Reg. 52 (07/01/18)

22 DE Reg. 161 (08/01/18)

26 DE Reg. 685 (02/01/23)