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 within the last twenty-four (24) months. 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).

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 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 6.1.14. 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

• 6.1.6 Bullying (allegations and substantiated incidents)

• 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/Influence

(b)  Criminal violation; mandatory reports. --

• (1) Whenever a school employee has reliable information that would lead a reasonable person to believe that:
  • a. A student, school volunteer, or a school employee, has been the victim of:
    • 1. A violent felony,
    • 2. An assault III, or
    • 3. An unlawful sexual contact III, which occurred on school property or at a school function; or
  • b. A student has been the victim of:
    • 1. A violent felony
    • 2. An assault III, or
    • 3. Any sexual offense, as defined in § 761(h) of Title 11, and the offense was committed by another school employee regardless of whether the offense occurred on school property or at a school function; then the school employee who has reliable information that would lead a reasonable person to believe that a crime has been committed shall immediately report the incident to the principal.
  • (2) The principal must immediately make reasonable efforts to notify the parents of any juvenile victim and must send written notification of the incident to the parents within 3 business days. This paragraph does not apply if the parent is alleged to be the offender.
  • (3) The principal shall immediately report the incident to the appropriate police agency. The report shall be made by telephone or in person immediately and shall be followed by a written report of the school's investigation within 3 business days.
  • (4) If the police agency determines that probable cause exists to believe that a crime has been committed, or if the principal later learns that a suspect has been arrested for the offense, then the principal must file a written report of the incident to the Department of Education within 5 days.
  • (5) Nothing in this section shall preclude a school employee who has reliable information that would lead a reasonable person to believe a crime has been committed from reporting the incident to the principal within a reasonable amount of time. In such instances where a report is made, the school officials shall follow the procedure set forth in paragraphs (b)(2) through (6) of this section. Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in § 903 et seq. of Title 16.
  • (6) Offenders under the age of 12. -- When a misdemeanor offense listed in this subsection has allegedly been committed by a child under the age of 12, the principal is not required to notify the appropriate police agency but must file a written report of the incident with the Department of Education within 5 working days. When the alleged offense is a violent felony, the appropriate police agency must be notified by the principal of the incident even when the suspect is under the age of 12.