LAW: SCHOOL CRIME REPORTING
The School Crime Reporting Law
(a) Definitions. -- The following words, terms and phrases, when used in this section, shall have
the meaning ascribed to them except where the context clearly indicates a different meaning:
(1) "Crime" includes a felony, misdemeanor or violation defined in the Delaware Code, as well as
behavior by a person under 18 years of age which would be considered a felony, misdemeanor or
violation if it had been committed by an adult.
(2) "Non-instructional designee" means a school employee whose primary job duty does not include
teaching students.
(3) "Notification" means direct contact by telephone, in person, or by certified mail, unless otherwise
designated.
(4) "Parent" includes natural parent, adoptive parent, or any person, agency, or institution that has
temporary or permanent custody or guardianship over a student under 18 years of age.
(5) "Parent conference" includes a meeting by telephone or in person, unless otherwise designated.
(6) "Principal" means the building principal of any public school or charter school, or the building
principal's designee.
(7) "School employee" includes all persons 18 years of age or older hired by a school district,
attendance zone or charter school; subcontractors such as bus drivers or security guards; substitute
employees; and persons hired by or subcontracted by other state agencies to work on school property.
(8) "School function" includes any field trip or any officially sponsored public or charter school
event in the State.
(9) "School property" means any building, structure, athletic field, sports stadium or real property
that is owned, operated, leased or rented by any public school district or charter school including,
but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter
school, or any motor vehicle owned, operated, leased, rented or subcontracted by any public school
or charter school.
(10) "School volunteer" means a person 18 years of age or older who, without compensation, renders
service to a public or charter school. "School volunteer" includes parents who assist in school
activities or chaperone school functions.
(11) "Superintendent" means the superintendent of any public school district or charter school, or
the superintendent's designee.
(12) "Suspension" means either an external or an internal removal of a student from the general
school population.
(13) "Violent felony" means a crime designated in § § 4201(c) of Title 11.
(14) "Written report" includes printed paper filings and electronic filings that can be printed.
(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 or a school volunteer has been the victim of:
1. A violent felony,
2. An Assault III, or
3. An Unlawful Sexual Contact III,
as prohibited by Title 11, which occurred on school property or at a school
function;b. A school employee has been the victim of:
1. A violent felony
2. An Assault III,
3. An Unlawful Sexual Contact III,
4. An Offensive Touching, or
5. A Terroristic Threatening,
as prohibited by Title 11, which occurred on school property or at a school
function; orc. A student has been the victim of any sexual offense, as defined in § § 761(d) of Title 11, as prohibited by Title 11, when the school employee has reliable information that would lead a reasonable person to believe that the crime has been committed by another school employee, regardless of whether the offense occurred on school property or at a school function,
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, who shall immediately make reasonable efforts to notify the parents of any juvenile victim and 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 within 3 business days. 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 with the superintendent. Thereafter, the superintendent shall, within 5 days, file a written report of the incident with the Department of Education.
Under no circumstances shall any person who has supervisory authority over the principal or any school board member exercise any control of, hinder or delay the lodging of any oral or written report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or rely upon any other person except an assistant principal to make the immediate report to the police. A person with supervisory authority over the principal or any school board member who has knowledge of an incident which is required to be reported under this section, and who has information that would lead a reasonable person to believe that it has not been reported to the police, has an affirmative duty to report the incident to the police immediately. This includes, but is not limited to, incidents in which a school employee is a possible suspect and when an administrative review is ongoing. Nothing in this section shall preclude school officials from reporting probable crimes that occur on school property or at a school function which are not required to be reported under this section. Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in § § 906 et seq. of Title 16.
(2) Offenders under the age of 9. -- When a misdemeanor offense listed in this subsection has
allegedly been committed by a child under the age of 9, the principal is not required to notify the
appropriate police agency or to follow the provisions of subsection (d) of this section, but must file
a written report of the incident with the superintendent, who shall file the written report with the
Department of Education within 5 working days of receiving the report from the principal. The
mandatory court filing requirements set forth in subdivision (b)(4) of this section do not apply when
a misdemeanor offense has been committed by a child under the age of 9. When the alleged offense
is a violent felony, the appropriate police agency must be notified of the incident even when the
suspect is under the age of nine.
(3) Sexual harassment. -- Whenever a school employee has reliable information that would lead
a reasonable person to believe that a student under the age of 18 has been the victim of sexual
harassment, as defined in Title 11, which occurred on school property or at a school function, the
harassment must be reported to the principal, who, immediately after conducting a thorough
investigation to determine if good reason exists to believe that harassment has occurred, must notify
the victim's parent of that determination if the parent is not alleged to be the offender. The principal
is not required to notify the appropriate police agency or to follow the provisions of subsection (d)
of this section, but must file a written report with the Department of Education.
(4) Mandatory filing of misdemeanor charge with a court when victim is a school employee. --
In any instance where probable cause exists to believe that a school employee has been the victim
of a misdemeanor set forth in subdivision (b)(1)b. of this section and the offender has been
identified, the superintendent, the superintendent's non-instructional designee, or a building-level
administrator must, within 3 working days of receiving a police report, file the appropriate
misdemeanor criminal charge or charges with a court of proper jurisdiction unless:a. The police agency or the Attorney General's office recommends against filing a criminal charge
or charges;
b. A criminal charge or charges have already been filed;
c. The police have agreed to file a criminal charge or charges; or
d. The offender is under the age of 9.
After making inquiries into the source of the complainant's information and the grounds of the
complainant's belief, the court of proper jurisdiction shall have the authority to issue a warrant based
on information and belief when the complaint has been signed by a superintendent or by a
superintendent's non-instructional designee or by a building-level administrator pursuant to this section.
(c) Student possession of weapons and unlawful drugs; mandatory complaints. -- Whenever a
school employee has reliable information that would lead a reasonable person to believe that a
person on school property or at a school function has on his or her person, concealed in his or her
possessions, or placed elsewhere on school property:
(1) Any controlled substance prohibited by Title 16, or
(2) Any deadly weapon, destructive weapon, dangerous instrument or incendiary or explosive device
as prohibited by Title 11,
the school employee shall immediately report the incident to the principal, who shall conduct a
thorough investigation. If the investigation verifies that good reason exists to believe that a crime
has been committed, the principal shall immediately notify the appropriate police agency of the
incident. If the police agency determines that probable cause exists to believe that a crime has been
committed, then the principal shall file a written report of the incident with the superintendent.
Thereafter, the superintendent shall file a written report of the incident with the Department of
Education within 5 working days.
(d) Suspensions. --
(1) Whenever a police agency has determined that probable cause exists to
believe that a student has committed a crime which must be reported to the police pursuant to this
section, the student shall:a. Be referred immediately to the internal or external alternative services of the district or school for
intervention of an appropriate nature and duration prior to being returned to the general student body,
and
b. Be given an immediate internal or external suspension by the district or school until a parent
conference is held to review the student's educational placement.(2) A student who is placed in an alternative program pursuant to this subsection, and who is
determined by a superintendent to be in immediate need of a program to prevent seriously violent
or habitual criminal behavior, shall be separated in the alternative program from students for whom
such a determination has not been made. The superintendent's determination shall include a
statement of the recommended degree of separation, keeping in mind the available resources.(3) Before a student suspended under this subsection may be returned to the general student body,
a parent of the suspended student is required to attend a parent conference with the superintendent
to discuss the offense and to review the student's educational placement. A telephone conference
shall be sufficient only if the superintendent so determines and so notifies the parent. If the parent
does not attend the parent conference, a subpoena compelling the parent's attendance may be issued
pursuant to § § 4122 of this title.(4) When a student who has been given an external suspension or who has been sent to an alternative
program pursuant to this subsection returns to the general student body at a school where the victim
is required to be present, the principal of the school must attempt to notify the adult victim or, if the
victim is a juvenile, a parent of the juvenile victim.(5) Nothing in this subsection shall preclude a school district from imposing a suspension or
expulsion beyond the date of a parent conference where otherwise appropriate. Any change of
placement of students with qualifying disabilities must comply with applicable federal laws.
(e) Penalties. -- Any school employee who fails to report an incident as required by subsection (b)
or subsection (c) of this section shall be guilty of a violation and shall be fined not more than $250
for a 1st offense and not more than $500 for a subsequent offense. Any person with supervisory
authority over the principal or any school board member who exercises any control of, hinders or
delays the lodging of any report required to be made pursuant to this subsection or the forwarding
of such report to the Department of Education or the police shall be guilty of a class B misdemeanor.
Justices of the Peace Courts shall have jurisdiction over violations of this section.
(f) Immunity from civil liability; review of criminal complaint. --
(1) Any school employee who
in good faith provides information to a police agency, a principal, a superintendent, or to the
Department of Education under subsection (b) or subsection (c) of this section shall not be held
civilly liable for providing such information.(2) Prior to lodging any criminal charge against a school employee for providing information
pursuant to subsection (b) or subsection (c) of this section to a police agency, a principal, a
superintendent, or to the Department of Education, the Attorney General's office shall be consulted
to determine the appropriateness of the charge.(3) Any report of an actual or suspected crime made by a school employee or principal pursuant to
subsection (b) of this section shall be exempt from public disclosure pursuant to the Freedom of
Information Act as set forth in Chapter 100 of Title 29.
(g) Confidential list of young student offenders. -- Following the start of each school year, the
Department of Education shall, upon request, provide to the principal of any school a list of the
students enrolled in that school for the coming year who committed offenses during the previous year
which were reported to the Department of Education pursuant to this section. The list shall remain
confidential and shall be used by the principal only for the purpose of identifying students who may
be in need of beneficial programs such as mentoring.