Safe Schools

Safe Schools

The State of New Hampshire adopted legislation (RSA 193-D: 1 & 2) creating safe school zones and directing school districts to adopt policies defining such. The Dresden School Board policy (JICD), contains language extremely important for students to know.

Memorandum of Understanding Between Dresden and Hanover School Districts and the Hanover Police Department

JICD Exhibit A

This Memorandum of Understanding is entered into between the Dresden and Hanover School District (School Districts) and Hanover Police Department (Police Department), pursuant to RSA 193-D:4,I,© in order to establish uniform procedures for the reporting by the School Districts to the Police Department of incidents of theft, destruction, or violence as required by RSA 193-D:4,I. It is the intent of the School Districts and the Police Department that this Memorandum of Understanding shall be used by the School Districts to determine whether or not a report is required by RSA 193-D:4,I. Compliance with this Memorandum of Understanding shall constitute adherence to the School Districts’ obligations under RSA 193-D:4,I.

The following provisions describe each group of acts of theft, destruction or violence set forth in RSA 193-D:1,I, and establish the procedures for reporting them to the Police Department or other appropriate authorities. All written reports shall be filed upon Department of Education approved form ED 317.

Homicide RSA 630

Homicide is the killing of another human being whether intentional, negligent, done while under the influence of drugs or alcohol, or as the result of causing or aiding a suicide.

The School Districts shall immediately notify the Police Department upon learning that a person had died upon school property, regardless of the apparent circumstances. In addition, the School Districts shall take steps to assure the location of the body is not disturbed.

Assault RSA 631

Generally, assault is the knowing or reckless causing of bodily injury to another person. It also includes unprivileged physical contact. The precise nature of the act causing the injury and the nature of the injury differentiate the categories of assault.

For purposes of this Memorandum, assaults shall be divided into two (2) categories: reportable assaults and non-reportable assaults.

Reportable assaults shall include assaults in which the victim requires medical attention due to injuries caused by the assault, or involved the use of any object as a weapon.

All other assaults need not be reported to the Police Department, but in any event will be handled as School Districts’ disciplinary matters. The School Districts may report otherwise unreportable assaults to the Police Department based upon such factors as the age of the student, the extent of previous, consistent behavior by the student, and the nature and extent of the assault.

Criminal Threatening RSA 631:5

Criminal Threatening is most associated with threats of violence to be committed against the person of another. It can take a variety of forms including direct physical conduct where another is placed in fear of imminent bodily injury or physical contact where another is placed in fear of imminent bodily injury or physical contact, or the placing of any object or graffiti on the property of another with a purpose to terrorize them, or threatening to commit a crime against the person or property of another with a purpose to terrorize someone else, or threatening to commit a crime of violence with a purpose to cause evacuation of a building, the so-called bomb scare.

Similar to the reporting of Assaults, it will be left to the discretion of school administrators on what shall be reported. The exception will be in cases of bomb scares, which shall be reported immediately to police and fire authorities.

Student Hazing RSA 631:7

Any action which is meant to humiliate, ridicule, harass, or degrade another student including verbal intimidation, verbal abuse, bullying, infringes on a student’s right to feel safe at school.

The response to these sorts of behaviors can be similar to that of assault. However, should the hazing be associated with a condition of initiation, admission into, continued membership in or association with any organization associated with the educational institution, it shall be reported to the police as required by the statute.

Sexual Assaults RSA 632:A

All acts which constitute sexual assaults and involve a minor student also constitute acts of abuse which must be reported to DCYF pursuant to RSA 169-C:29.

The School Districts shall report all such incidents to DCYF pursuant to RSA 169-D and to the Police Department.

Criminal Mischief RSA 634

Criminal mischief is often referred to as vandalism and involves the intentional damaging or destruction of another’s property.

The School Districts shall report to the Police Department any acts of vandalism which have caused damage which will require over $200.00 worth of repairs or replacement items.

Arson RSA 634:1

Arson is the intentional starting of a fire or explosion which damages property.

Whenever a fire occurs on school property under circumstances which suggest the possibility of arson, the incident shall be reported by the School Districts to the Police Department.

Burglary RSA 635

Burglary is the unlawful entry of a building for the purpose of committing a crime such as vandalism, theft, arson or assault.

The School Districts shall report all incidents of burglary to the Police Department.

Robbery RSA 636

Robbery is theft by the use of force or threat of force. Robbery is a felony regardless of the amount stolen and must be viewed as a serious matter in all instances.

The School Districts shall report to the Police Department all acts constituting robbery when the perpetrator is a student in grades 5-12 or if the perpetrator’s actions are considered by the School Districts to have been particularly violent, aggressive, or consistent with past behavioral problems.

Theft RSA 637

Theft is the taking of another’s property with the intent to deprive the owner of the property.

Thefts shall be reported by the School Districts when the value of the property exceeds $50.00.

Sale or Possession of Controlled Substances RSA 3188-B

It is illegal to sell or possess controlled substances for which a person does not have a valid prescription. Controlled substances include not only drugs usually considered illegal such as cocaine and marijuana, but also drugs such as Ritilan or amphetamines which are frequently prescribed by physicians. Illegal sale of controlled substances is a very serious crime. The illegal possession and use of controlled substances is also a crime.

The School Districts shall report to the Police Department every incident involving the sale or possession of a controlled substance to students in grades 5-12.

Unlawful Possession of Alcoholic Beverages, RSA 179:10

It is illegal for a person under the age of 21 years to possess or consume alcoholic beverages.

All such incidents shall be reported to the police. However, such cases may be handled exclusively as School District disciplinary matters when taking into consideration the age of the student, the extent of previous consistent behavior by the student, and the nature and extent of the possession and the level of intoxication.

False Public Alarms, RSA 644:3

When the evacuation of a building is threatened or occurs, such cases shall be reported to the police.

Educationally Disabled Students

Whenever an educationally disabled student is reported to the Police for misconduct under the provisions of ED 317, the Police Department will be advised on Form ED 317 that the student is educationally disabled and that the student’s file is available to the law enforcement agency as needed to ensure the proper treatment of educationally disabled students.

It is agreed that the provisions of this Memorandum of Understanding shall be interpreted by and its terms followed by the School Districts in a manner to provide the Police Department with appropriate notice of criminal activity occurring on school property. The goal sought by the School Districts in making decisions under this Memorandum of Understanding is the maintenance of a safe school environment. This goal shall be used by the School Districts as the determining factor in resolving any question as to whether a given incident is either reportable under this Memorandum of Understanding or should be reported to the Police Department.

SAFE SCHOOL ZONE / DISCIPLINE POLICY - JICD

Introduction

This policy replaces any previously adopted by the District concerning safe school zones, and pupil disciplinary procedures. It is intended to meet the mandatory legal requirements of the district to outline its disciplinary procedure and define certain sections of the law that afford discretion on the part of the board and administration.

I. Definitions

(a) Expulsion means a permanent denial of a pupil’s right to attend school.

(b) School day means:

- for a pupil who takes the school bus, the time period beginning when a pupil boards the bus in the morning to the time when a pupil disembarks from the bus in the afternoon; and
- for a pupil who walks to school or arrives by private car the time period beginning when the pupil arrives on the school grounds to the time when the pupil leaves the school grounds.

(c) School property means all real property, physical plant and equipment used for school purposes, including but not limited to school playgrounds and buses.

(d) Safe school zone means an area inclusive of any school property or school buses.

(e) Superintendent means the school Superintendent or a representative designated in writing as authorized under RSA 193:13,I.

(f) Suspension means the temporary denial of a pupil’s right to attend a school for a specific period of time.

II. Disciplinary Procedures:

(a) The following levels of discipline may be imposed upon a pupil by the School District when authorized by this policy:

- Short-term suspension by a Principal that lasts between one and ten school days.
- Long-term suspension which lasts longer than 10 days and which is authorized by the School Board or its designee after a hearing.
- Expulsion by the School Board for a period determined in writing by the Board under RSA 193:13, II. Any such expulsion by the School Board may be appealed to the State Board of Education.
- Expulsion by the School Board for a period of not less than 12 months under RSA 193:13, III. Any such expulsion by the School Board may be appealed to the State Board of Education.

(b) The following constitute the due process procedures which shall be followed at each of the five levels of disciplinary action described in this policy:

- In a short-term suspension of a pupil by a Principal or Superintendent, the due process procedures shall include:

i. Oral or written notice of the charges and an explanation of the evidence against the pupil.

ii. An opportunity for the pupil to present his/her side of the story.

iii. The Principal’s or Superintendent’s written recommendation for pupil action to correct the discipline problem.

iv. Written notice to the pupil and parent or guardian, if available, of any disciplinary action taken against the pupil.

- In a long-term suspension or expulsion of a pupil by the School Board or its designee, due process procedures shall include:

i. Written communication to the pupil of the evidence against the pupil and an identification of any witness to the alleged offense.

ii. The Superintendent’s written recommendation to the School Board detailing any disciplinary action options to be considered by the School Board.

iii. Written notice to at least one parent or guardian explaining the Superintendent’s action, which shall include at a minimum the written statements required by clauses i and ii above.

III. Notification of Pupils

(a) The appropriate pupil handbooks for the applicable SAU #70 school shall contain a summary of RSA 193:13 and a summary of this policy. A copy of the Summary is attached as Exhibit A. Copies of the statutes and this policy shall be available in the principal’s office. Notice of the policy and the location of copies shall be displayed in a prominent place on each school’s notice board.

(b) Copies of the statutes and school policy will be given to all teachers and other school employees.

IV. Waivers, Appeals, and Review

(a) In the case of short-term suspensions by the principal, the pupil and/or the pupil’s parent(s)/guardian(s) shall have the right to appeal the suspension to the Superintendent of schools.

(b) In the case of short-term suspensions upheld and/or imposed by the Superintendent of Schools, the pupil and/or the pupil’s parent(s)/guardian(s) shall have the right to appeal the suspension to the School Board.

(c) In the case of expulsion, the pupil and/or the pupil’s parent(s)/guardian(s) shall have the right to appeal the expulsion to the State Board of Education. Any appeal to the State Board of Education must be filed within twenty calendar days of receipt of the School Board’s written decision and must comply with RSA 541-A and Ed 200 of the Administrative Rules of the Department of Education.

(d) In the case of expulsion pursuant to RSA 193:13, II and/or this policy, written application may be made to the Board through the Superintendent’s office no later than one month prior to start of each school year. The application shall contain a statement in the pupil’s own words explaining why he/she should be considered for readmission. The application shall be accompanied by at least one recommendation from a member of the community, such as a counselor, minister or employer who has observed the pupil’s behavior during the period of expulsion. The application shall also be accompanied by the Superintendent’s and building administrator’s recommendation to the Board, which may include conditions for phased readmission.

(e) Pursuant to RSA 193:13, IV, the Superintendent may, upon written application of an expelled pupil, recommend to the Board modification of the expulsion requirements of paragraphs III, (a), (4) and (5) above. Prior to the School Board’s consenting to such a modification, the pupil shall be required to submit to the Superintendent sufficient evidence in the form of letters, work history or other documents or testimony demonstrating that it is in the school’s best interest and the pupil’s best interest to allow a modification. In making such a decision, due regard will be given to other pupils and staff whose safety and well-being shall be of paramount importance.

(f) The Superintendent may grant permission to any pupil to bring a firearm onto school property in accordance with both state and federal law.

V. Reporting Procedures

(a) Any school employee or other person acting on behalf of the School District as a chaperone or volunteer who has witnessed or who has information from the victim of an act of theft, destruction, or violence in a safe school zone shall report such act in accordance with the provisions in the Memorandum of Understanding.

(b) No report pursuant to paragraph (a) shall be required when the local law enforcement agency has prepared a written report. Each school Principal shall notify the State Board of Education in writing whenever a written report by the local law enforcement agency supersedes the report required by paragraph (b).

(c) Pursuant to RSA 193-D:4, I.(b), the District will not report to the Hanover Police Department any simple assault involving pupils in kindergarten through grade 12 provided the District determines the assault did not result in serious injuries. The District will handle such simple assaults according to the District’s disciplinary policy, which sets forth circumstances under which the parents of the pupil(s) involved shall be notified of such assault.

(d) The School Board and the Police Department will, pursuant to RSA 193-D:4, I, (c) enter into a Memorandum of Understanding which shall govern the reports by the School District to the Police Department required by RSA 193-D:4. A copy of the Memorandum of Understanding is attached as Exhibit A.

(e) The District will report the theft of school property to the Hanover Police. Thefts of personal property will not normally be reported unless the parents request otherwise. The district will notify parents in all cases of theft.

VI. Pupil with an Educational Disability

(a) Any suspension or expulsion of a pupil who had been or is being evaluated to determine if they are educationally disabled as defined in ED 1102.31 shall be in accordance with ED 1119.11.

(b) If, under the provisions of Ed 1119.11(c), the special education placement team determines that the behavior resulting in the grounds for suspension or expulsion under this policy is not a direct result of the pupil’s educational disability, the pupil shall be disciplined under this policy as if the pupil were not educationally disabled.

(c) In the case of a pupil with an educational disability who is determined to have brought a firearm into a safe school zone without the written authorization of the Superintendent of Schools, the pupil may be placed in an interim alternative educational setting for the time periods authorized by the applicable Federal Statutes.

ADOPTED:

Dresden, 28 September 1999

Dresden, 16 June 2009