I. Acts Reported to the Principal
A. Except as may otherwise be required by federal law, regulation, or
jurisprudence, reports shall be made to the division superintendent and to the principal (or designee) on all incidents involving:
(i) the assault, or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity;
(ii) the assault and battery which results in bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, or stalking of any person as described in Va. Code § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity;
(iii) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;
(iv) any threats against school personnel while on a school bus, on school property, or at a school-sponsored activity;
(v) the illegal carrying of a firearm, as defined in Va. Code § 22.1-277.07, onto school property;
(vi) any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in Va. Code § 18.2-85, or explosive or incendiary devices, as defined in Va. Code § 18.2-433.1, or chemical bombs as described in Va. Code § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity;
(vii) any threats or false threats to bomb, as described in Va. Code § 18.2-83, made against school personnel or involving school property or school buses;
(viii) the arrest of any student for an incident occurring on a school bus, on school property, or at a school sponsored activity, including the charge therefore; and
(ix) any illegal possession of weapons, alcohol, drugs, or tobacco products.
The principal of each school shall collect and maintain information on the above listed acts which occur on school property, on a school bus, or at a school-sponsored activity.
B. The division superintendent and the principal or his designee shall receive
reports from local law-enforcement authorities on offenses, wherever committed, by students enrolled at the school if the offense would be a felony if committed by an adult or would be a violation of the Drug Control Act (VA Code 54.1-3400 et seq.) and occurred on a school bus, on school property, or at a school-sponsored activity, or would be an adult misdemeanor involving any incidents described in clauses (i) through (viii) of subsection A and whether the student is released to the custody of his parent or, if 18 years of age or more, is released on bond. When the division superintendent receives notification that a juvenile has committed an act that would be a crime if committed by an adult pursuant to subsection G of Va. Code § 16.1-260, the superintendent will report such information to the principal of the school in which the juvenile is enrolled.
II. Reporting Duties of the Principal and Superintendent
The principal or designee will report all incidents required to be reported pursuant to section I of this policy to the superintendent. The superintendent shall annually report all such incidents to the Department of Education for the purpose of recording the frequency of such incidents on forms that shall be provided by the Department and shall make such information available to the public.
In submitting reports of such incidents, principals and division superintendents shall accurately indicate any offenses, arrests, or charges as recorded by law-enforcement authorities and required to be reported by such authorities pursuant to subsection I.B. of this policy.
Except as may otherwise be required by federal law, regulation, or jurisprudence, the principal shall immediately report to local law-enforcement officials any of the acts listed in clauses (ii) through (vii) of subsection I.A. of this policy which may constitute a criminal offense and may report to the local law-enforcement agency any incident described in clause (i) of subsection I.A.
In addition, except as may be prohibited by federal law, regulation, or jurisprudence, the principal will also immediately report any act enumerated in clauses (ii) through (v) of subsection A of this policy that may constitute a criminal offense to the parents of any minor student who is the specific object of such act. Further, the principal will report that the incident has been reported to local law enforcement as required by law and that the parents may contact local law enforcement for further information, if they so desire.
The principal or his/her designee shall notify the parent of any student involved in an incident required to be reported pursuant to this policy, regardless of whether disciplinary action is taken against such student or the nature of the disciplinary action. Such notice shall relate to only the relevant student’s involvement and shall not include information regarding other students.
III. Prevention and Intervention Activities
Whenever any student commits any reportable incident as set forth in this policy, such student shall be required to participate in such prevention and intervention activities as deemed appropriate by the superintendent or his designee. Prevention and intervention activities shall be identified in the local school division's drug and violence prevention plans developed pursuant to the federal Improving America's Schools Act of 1994 (Title IV--Safe and Drug-Free Schools and Communities Act).
The School Board shall develop, in cooperation with the local law-enforcement agencies, juvenile and domestic relations court judges and personnel, parents, and the community at large, programs to prevent violence and crime on school property and at school-sponsored events, which shall include prevention of hazing. Activities designed to prevent the recurrence of violence and crime, including hazing, may include such interventions as education relating to Virginia’s criminal law, school crime lines, peer mediation, conflict resolution, community service requirements, and any program focused on demonstrating the consequences of violence and crime. The School Board may develop and use a network of volunteer services in implementing prevention activities.
The purpose of reporting acts of violence and substance abuse shall be to develop a program of prevention activities to provide a safe environment conducive to learning.
Adopted: 08/25/03; 08/23/04; 06/27/05; 08/24/06; 9/27/07
Legal Refs: Code of Virginia, 1950, as amended, §§ 8.01-47, 18.2-371.2, and
8 VAC 20-560-10.
© 2/07 VSBA