2333

REPORTING INFORMATION TO THE PRINCIPAL

AND EXTERNAL AGENCIES

2333

3033

3033

4033

4033

It is the policy of the Board in serious matters relating to the safety and welfare of students and employees that certain actions and information be reported to external agencies as required by law or regulation.

2333.1

3033.1

4033.1

Principal

All school employees, including substitute teachers, student teachers, and volunteers, must immediately report to the principal or his/her designee any act of violence in school, on school property, or at school-sponsored events.  Acts that should be reported are all those known or believed to be violent.  This includes, but is not limited to, acts reportable by the principal to law enforcement under board policy 2333.3/3033.3/4033.3.

2333.2

3033.2

4033.2

Superintendent of Public Instruction

Any administrator, including the Superintendent, assistant superintendent, associate superintendent, personnel administrator, or principal, who knows or has substantial reason to believe that a certified employee has engaged in illegal or immoral behavior amounting to physical or sexual abuse of a child, shall report the information to the superintendent of public instruction.  Failure to report such information constitutes grounds for certificate revocation or suspension.

For purposes of this requirement, “physical abuse” means the infliction of serious physical injury other than by accidental means or other than self defense.  The term “sexual abuse” means the commission of any sexual act upon a student or causing a student to commit a sexual act regardless of the age of the student and regardless of the presence or absence of consent.

2333.3

3033.3

4033.3

Law Enforcement

Any principal who has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm or other weapon in violation of the law, possession of a controlled substance in violation of the law, death by other than natural causes, robbery with or without a dangerous weapon, or assault on a school official, employee or volunteer not resulting in serious injury,  shall immediately report the act to the appropriate law enforcement agency.   ”Immediately” means without undue delay and as soon as possible after the act has occurred.

For purposes of this requirement, “school property” shall include any school building, bus, public school campus, grounds, recreation area, or athletic field in the charge of the principal.  (Refer also to Policy 6400, Code of Student Conduct.)

Designated crimes that occur on school property shall be reported without regard to whether they occur before, during, or after normal operating hours.

The report must be made without regard to the age of the victim or the perpetrator.  Student offenders and victims should be identified by age, grade, sex, race, and educational status (i.e., regular or exceptional).

The principal shall designate persons who shall report the acts to law enforcement in his/her absence.

If the principal reports a crime committed by a child with a disability, the principal must ensure that copies of the child’s special education and disciplinary records are transmitted to the appropriate authorities for consideration. The principal shall obtain the written consent of the parent or student (if the student is at least eighteen (18) years of age) before transmitting the records. If consent is refused, the records will not be transmitted unless pursuant to a lawful subpoena or court order, or as otherwise authorized under the Family Educational Rights and Privacy Act (FERPA)and with proper notice to the parent as may be required by that law.

2333.4

3033.4

4033.4

Department of Social Services

Any principal who has cause to suspect that a child is abused, neglected, dependent, or has died as a result of suspected maltreatment shall report the situation to the Division of Social Services.  Any employee who has cause to suspect that a child is abused, neglected, dependent, or has died as a result of suspected maltreatment shall report the situation to the principal or designee.  In the absence of the principal or designee, the employee shall report the situation directly to the Division of Social Services.  (Refer also to Policy 6731, Social Services and 6731.1, R&P.)

2333.5

3033.5

4033.5

Department of Health

Principals shall report suspected cases of reportable communicable diseases or conditions to the Wake County Health Director for investigation.  Without releasing information that would identify the employee, the principal shall also report suspected cases of reportable communicable diseases or conditions to the superintendent.  Any employee who has reason to believe that a fellow employee has a reportable communicable disease and is not following safe practices shall report the situation to his/her principal or supervisor.  Supervisory personnel shall report such unsafe conduct to the health director.  In the absence of the principal or supervisor, the employee must report the situation to the health director.

Confidentiality of such reports is protected by law, and school officials cannot be liable for making such reports.  (Refer also to Policy 3031/4031, Communicable Diseases.)

2333.6

3033.6

4033.6

The Superintendent may develop procedures necessary for the implementation of this policy.

Legal Reference: G.S. 115C-400, 16NCAC6C.0312, G.S. 115C-288, G.S.130A-136, G.S. 115C-307, 20 U.S.C. § 1415(k)(9), and 34 CFR 300.529(b) 

Adopted:  March 21, 1994

Revised:  November 21, 1994

Revised:  August 17, 1998

Revised:  September 27, 1999