DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d))

14 DE Admin. Code 601

PROPOSED

Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d)

601 School Police Relations

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education intends to amend 14 DE Admin. Code 601 School Police Relations by adding definitions, a training component for school administrators involved in reporting school crimes, and specific incidents of misconduct. In addition, a compliance component was added in Section 7.0 that if a school fails to comply with the reporting mandates it shall be subject to identification as a "Persistently Dangerous School" 14 DE Admin. Code 608.

In addition, a section was added that indicates that a school that is not in comply with the reporting mandates will be subject to identified as "persistently dangerous" 14 DE Admin. Code 608.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before November 5, 2007 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? This regulation is related to school and law enforcement relations, and not student achievement as measured against state achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? This regulation is related to school and law enforcement relations and not related to students receiving an equitable education.

3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? This regulation is related to school climate and should help ensure that all students' health and safety are adequately protected.

4. Will the amended regulation help to ensure that all students' legal rights are respected? This regulation is related to school climate and should help ensure all students' legal rights are adequately protected.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation does not make changes to decision making at the local board or school level.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place unnecessary reporting or administrative requirements or mandates at the local board or school level.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The amended regulation does not make changes to current decision making authority or accountability.

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? This regulation is related to school and law enforcement relations, and is not an impediment to the implementation of other state educational policies.

9. Is there a less burdensome method for addressing the purpose of the regulation? There is not a less burdensome method of addressing school and law enforcement agency relations at this time.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There are not additional costs to the State or local school boards for compliance to this amended regulation.

601 School Police Relations

1.0 Policy on School Police Relations

All local school districts, charter schools and alternative schools or consortia shall establish a policy on school police relations. Each school district, charter school and alternative school or consortium shall develop a Memorandum of Agreement (MOA) with each police department which provides services to it. Each MOA shall be in a form substantially similar to a Model MOA as developed, approved and from time to time revised by the Department of Education.

2.0 School Employees Responsibilities for Reporting Crimes

Each school district, charter school and alternative school or consortium shall, at the time of hiring and at the beginning of each school year thereafter, advise each school employee (as that term is defined in 14 Del.C. §4112) of his/her duty to report school crimes and the penalty for failure to so report.

3.0 Reporting of Crimes to the Delaware Department of Education

The Superintendent of each school district and program administrator for each charter school and alternative school, or his/her designee, shall report 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 made on forms as designated by the Department of Education and filed with the Department of Education within the time prescribed by statute.

4.0 Reporting Specific Incidents of Misconduct

In addition to those school crimes required to be reported pursuant to statute, the Superintendent of each school district and program administrator for each charter school and alternative school or consortia shall report to the Department of Education incidents of misconduct 4.1 through 4.7. Such reports shall be made on forms as designated by the Department of Education and filed with the Department of Education not later than five working days following the incident.

4.1 Pornography, possession and production

4.2 Bomb threats

4.3 Criminal mischief (vandalism)

4.4 Tampering with public records

4.5 Alcohol, possession and use

4.6 Felony theft ($1,000 or more)

4.7 Bullying

5.0 Definition

For purposes of the reporting required pursuant to 4.7 of this regulation, "Bullying" is defined as when one person, or a group of persons, targets another person with repeated direct or indirect negative actions over a period of time which are harmful to the victim either emotionally or physically. A negative action occurs when a person knowingly inflicts, or attempts to inflict, physical or emotional injury or discomfort upon another person.

1 DE Reg. 511 (11/1/97)

6 DE Reg. 775 (12/1/02)

601 Schools and Law Enforcement Agencies

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

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

"School Employee" for purposes of this regulation shall mean 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.

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 Memorandum of Agreement (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 from time to time revised by the Department of Education.

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; 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 from time to time.

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. The district, charter school, or Alternative Program shall provide the name(s) of the trainer(s) conducting the training and the name(s) of those school administrator(s) 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 his/her duty to report school crimes and the penalty for failure to so report as prescribed in 14 Del.C. §4112 (e).

5.0 Reporting of Crimes to the Delaware Department of Education

5.1 The superintendent or head administrator of each school district, charter school, and Alternative Program or his/her designee, shall ensure each school within his/her 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.

6.0 Reporting Specific Incidents of Misconduct

6.1 In addition to those school crimes required to be reported pursuant to statute, the superintendent or head administrator of each school district, charter school, and Alternative Program, or his/her designee, shall report to the Department of Education incidents of misconduct 6.1.1 through 6.1.12. 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 five 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 ($1,000 or more)

6.1.6 Bullying

6.1.7 Offensive Touching (student victim)

6.1.8 Terroristic Threatening (student victim)

6.1.9 Sexual Harassment

6.1.10 Fighting/Disorderly Conduct

6.1.11 Inhalants

6.1.12 Drug Paraphernalia

7.0 Compliance Component

7.1 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 Persistently Dangerous will retain that designation for the entire fiscal year.

11 DE Reg. 399 (10/01/07) (Prop.)