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REPORTING INFORMATION TO THE PRINCIPAL AND EXTERNAL AGENCIES

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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.

A.

Duty of All School Employees to Report Acts of Violence to the Principal

1.

All school employees, including, but not limited to, teachers, substitute teachers, student teachers, teacher assistants, 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.B/3033.B/4033.B. 

2.

If it is the principal who is accused of engaging in the violent act, the report shall be made to the assistant superintendent for human resources.

B.

Principal’s Duty to Report Crimes on School Property

1.

Principal’s Duty to Report to Law Enforcement

a.

Any principal who has personal knowledge or actual notice from school personnel that a criminal offense has occurred on school property 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.

b.

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.)

c.

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

d.

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).

e.

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

f.

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.

2.

Principal’s Duty to Report to Superintendent

a.

The principal or the principal’s designee shall notify the superintendent in writing or by

electronic mail regarding any report made to law enforcement 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 in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law.  This notification shall occur by the end of

the workday in which the incident occurred when reasonably possible but not later than the end of the following workday.

b.

The superintendent shall provide the information to the Board of Education.

3.

Principal’s Duty to Notify Victim’s Family

The principal or principal’s designee shall provide prompt notice to the parents or legal guardians of any student alleged to be a victim of any act required to be reported to law enforcement under this section of the policy.  The principal or principal’s designee will interact with the student victim and the student’s parents/legal guardian in such a manner reflecting a high level of sensitivity to the rights and needs of the student. 

C.

Duty to Report Certain Acts to the Superintendent of Public Instruction

1.

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.

2.

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.

3.

Principals shall provide annual reports to the State Board of Education regarding criminal acts occurring on campus through the State-approved discipline reporting system.

D.

Duty to Report to Wake County Human Services

1.

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 Wake County Human Services. 

2.

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, who shall assist the employee in making a report to Wake County Human Services as provided in Policy 6731.  In the absence of the principal or designee, the employee shall report the situation directly to Wake County Human Services.  (Refer also to Policy 6731, Social Services and 6731.1, R&P.)

E.

Duty to Report to Department of Health

1.

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.

2.

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.)

F.

Superintendent’s Responsibility

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