II. School-Police Rela onships and Requirements to Report Criminal and other Conduct to the Department of Educa on and the Police

11. School Environment shall mean within or on school property, and/or at school sanc oned or supervised ac vi es, including, for example, on school grounds, on school buses, at func ons held on school grounds, at extra-curricular ac vi es held on and off school grounds, on fi eld trips and at func ons held at the school in the evening. 12. Expulsion shall mean exclusion from school for a period determined by the local District not to exceed the total annual number of student days except under those circumstances in which expulsion is due to an act covered under the Gun Free School Act. The process for re-admission shall be determined by the local district.

APPENDIX II

SCHOOL-POLICE RELATIONSHIPS AND REQUIREMENTS TO REPORT CRIMINAL AND OTHER CONDUCT TO THE DEPARTMENT OF EDUCATION AND THE POLICE

The Brandywine School District is required by State law or regula on to report certain student conduct to the appropriate Police Agency. To facilitate this process, and in compliance with State regula ons, the District shall enter into Memorandum of Agreement between the Board of Educa on of the Brandywine School District and Law Enforcement Agencies in New Castle County every school year. This Agreement includes, but is not limited to, the following:

A. School offi cials are charged with the responsibility to provide for the safety of students and the security of school property. School offi cials shall promptly report evidence of criminal off enses which occur in the school environment, including incidents that occur on or in connec on with school buses. Addi onally, evidence of those crimes which have occurred off school property but which come to the a en on of school authori es shall be reported.

B. Delaware Code requires mandatory repor ng of the off enses listed in 14 Del. C §4112. School employees who have reliable informa on that would lead a reasonable person to believe that one of the following has occurred on school property or at a school func on must immediately report the incident to the principal or designee: • Student, school volunteer, or school employee has been the vic m of a violent felony, assault III, unlawful sexual contact III; or • School employee has been the vic m of off ensive touching, terroris c threatening; or • Student under 18 has been the vic m of sexual harassment, as defi ned under Title 11 of the Delaware Code; or • Person on school property has drugs, or weapon or bomb, or dangerous instrument.

The principal or designee will make every eff ort to no fy the parent(s)/guardian(s) and will conduct a thorough inves ga on. If the inves ga on fi nds good reason to believe that a crime has been commi ed, there will be an immediate report to the police for any violent felony, drugs, weapon, bomb, or dangerous instrument, and within

three days report for any other crime listed under § 4112. Repor ng to police is not applicable if misdemeanor has been commi ed and the off ender is under the age of 9. In addi on, repor ng to police is not applicable if the off ense is sexual harassment, but the principal must fi le a wri en report with the Department of Educa on. The following list is not all-inclusive, but, at a minimum, the following shall be reported to the appropriate law enforcement agency or the Department of Educa on. • Evidence that suggests the commission of the crimes of assault and extor on against pupil, or an assault, off ensive touching, terroris c threatening or extor on against a school employee. • Evidence that suggests the commission of a felony, for example: reckless endangering; assault off enses; homicide; arson; criminal mischief; bombs; robbery; rape; extor on; fraud; forgery; weapons; etc. • Evidence that suggests viola ons of the laws concerning controlled substances and alcohol. • Evidence that suggests incest, sexual abuse, or the neglect or other abuse of children. • Evidence that suggests the use, possession, or sale of dangerous instruments or deadly weapons, (e.g. knives, fi rearms, ammuni on, explosives, or blas ng caps). • Evidence that suggests the possession or produc on of pornography. • Evidence of off enses involving school property, e.g. false fi re alarms, telephone threats, computer crimes, vandalism and criminal mischief, the of school equipment or property, reckless driving, and safety hazards. • Reports of suspicious persons or unauthorized persons on or near school grounds or property, or rumors, informa on, or observa ons of gang rivalries or ac vi es. (These ac vi es need not be reported to the State Board of Educa on). • The of school or personal property of school personnel. • Evidence of bullying

C. POLICE MATTERS SHALL NOT INCLUDE CONDUCT TREATED AS A MATTER OF DISCIPLINE AND HANDLED ADMINISTRATIVELY BY THE SCHOOLS. ALL MISCONDUCT OF A SERIOUS NATURE SHOULD BE PROMPTLY REPORTED TO THE PARENT/LEGAL GUARDIAN OF THE INVOLVED STUDENT.

Memorandum of Agreement between the Board(s) of Educa on and Law Enforcement Agencies in the State of Delaware, September 2003.

For the purposes of the repor ng requirements under Title 14 of the Delaware Code § 4112: • Sexual harassment is defi ned as threatening to engage in conduct likely to result in the commission of a sexual off ense against the person or sugges ng, solici ng, reques ng, commanding, importuning, or otherwise a emp ng to induce another person to have sexual contact or sexual intercourse or unlawful sexual penetra on knowing that the person is likely to be annoyed, off ended or alarmed. • Bullying is defi ned as when one person, or group of persons, targets another person with repeated direct or indirect nega ve ac ons over a period of me which are harmful to the vic m either emo onally or physically. A nega ve ac on occurs when a person knowingly infl icts, or a empts to infl ict, physical or emo onal injury or discomfort to another person.