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West Windsor - 2017

 

 

 

 

 

Approved by the New Jersey D
and the New Jersey D

 

 

 

This document is a revision of the 1988, 1992, 1999, 2007 and 2011, versions of the State
Memorandum of Agreement approved by the Attorney General and the Commissioner of
Education and which is required in N.JLA.C. 6A:16-6.2(b)13 through 14.

 

*The regulations at N.J.A.C. 6A:16, Programs to Support Student Development are reviewed as
new laws are passed and amendments may be presented to the State Board of Education. All
related statutory language preempts any conflicts or inconsistencies with these regulations.

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Article 1. Preamble; Statement of Policy, Findings, and Objectives. ........ccccssomessssereeessoors /
L.1. The Predecessor Agreement. .....0....cccccccsccescseneccrececeseconsnsececesesetaaseseeseaeaeseeseeeaneeseseesceeneooes 7
1.2. Nature of the Problem. ...........cccccccccceccssencececcoeesceveesceessnsteneneascccesevstcaatesescenuanesecessesenespeeeenes &
1.3. Reasons for Special Concern... ccccsesessccesceeesensoecesecseuseaescaueeseseaneesssresenssagerecesseneeeens 9
1.4. Benefit of Referrals to Law Enforcement Authorities. 0.0.0.0... ccccccssscccesetsecssarensssessteseaees 9
1.5. Anabolic Steroids, "Jimson Weed,” and “Date Rape” Drugs... ccc cceeeeeceneneneereeeenes 10
1.6. Alcohol Consumption. ..........ccccccccccsssccescccstnesaceencecesneccsseucacsesesnsenasecenegassessenegaeesesesssoens 10
1.7. Prosecution of Drug Offenses. .........ceccccccecenccccseeececcereeeesssacecensecenacaseescnenaueeceeneaeeeeosenees 10
1.8. Liaisons to School Districts and Law Enforcement ABencies. .....0...cccesccccesesecesesnereeens ll
1.9, Training Requirements... ccc ecccecsccnnsesseneessserseccsssscecssesauccsssasensssersnsnssesseensessnneecensess il
1.10. Stationhouse Adjustments.........c...ccccccsscceercssenecsenenecesssteessneesevesssseesesseseceeeeessenesasereeoesss 11
L.11. Juvenile Conference Committees. 2.00.0... ccccsccccescceceenecesecsncnenssacessesenseuseeessennssesenaseerreses 12
1.12. Designer Digs. .......c ccc cceceneccsseurrssscetesesseutevsutusecsssauseescucessserasesseeseenasessraeseseneneeeten 12
1.13. Prescription Controlled Dangerous Substances. .........cccccccseccsnsesseaneesseeeneeeessnaseessnncens 13

Article 2. Liaisons; Law Enforcement Units. .........ccocccsssssssnssorsensnscosssancossseseccansesvecnsssscessesess LA
DiL. LAAISOMS. cc cecccsessssescsscccseeecessesseenenscsseensuensceunacesacecessecececenecseveaaastscocsesesececese#pesensagaanaaes 14
2.2. Creation of Law Enforcement Units as Authorized by the Family Educational Rights and

Privacy Act (FERPA). .0...ccccccccccccsescceecesssetncerensecnseeeeessseeseasecseansecesseceeesesresoreseeseeereoengs 14
2.3. Inquiries Regarding Law Enforcement Operations. .............ccccsscreseeseseeesetneenereeeseeneeneneees 15

Article “, Law Enforcement OPCLALLONS.....ccccossccssoscssnsccsessccceunscosscessannseessonnsecsonssnescoosssesenseces is

 

     

 

 

BiL. DeP nitions... ccc cc ccccaseccccuunccecoenscceuseeeeccssancneuseceesessssesneecstceceesenceeeesenecevesessenmesoseetsesesetees 15
3.2. Undercover School Operations. .....0.....c cc ecesssenscceneoseseneceeensnscccssessuuceseseeesseseanasesenensenees 17
3.3. Planned Surveillance... ccccccccccsceeecsececunsseeeeusestensesnscoeeeseseeceeseecenseseseenitesssettecsereserss 7
3.3.1. Notice and Consultation. ..........cccc:ccccsecsscsnsccesneesevsnesscsnnecesaceeneneeoetersssssasansseauenseesers 17
3.3.2. Limitations; Targeted Subjects. ....0......ccccsccccccccesecsceereecsenseeeenusseseeeusessseeneeseseerees 17
3.4, Routine Patrols. i... cccccccccccsessccessccccecesscececserecsepeescescesteceeesesseseeetesaesneccaansscccvettecosetteceneeees 17
3.4.1. Visible Enforcement Plans.........ccc cc cccccecseccersceceseesceetensseeseserseeessacassascorstesesesestacees 17
3.4.2. Notice to School OP cials.... cc ccessesesscecsnscnessesnnsnoaceesesceceeeceteressssessanseceanuascoseees 18
3.4.3. On-Site Reporting. 000.0... cecccecsessnececceerssoesesssasneceeecevsssausenccssenteeneeseeneanaseeeeesseenes 18
3.§ Police Presence at Extra-Curricular EVents. ............ccccscecccccsecsesceseeseeeereccceneenseosanascocesseeess 18
3.6 Truancy; Assistance Provided to Attendance OMICErs. 00. esc ccesecessesesteenenneeenenseresens 18
Article 4. Obligation to Report Offenses and Preserve Evidence: Controlled Dangerous
Substances, Firearms, Planned or Threatened Violence, Child Abuse and
Other Offemses....cccccacsssrsecssarsconsnassecacsssonsonscensevosenssonsensesssssssanscacsassecsccusseseccossesensvese LO
4.1 Requirement to Report Offenses Involving Controlled Substances. ......0....ccceseeeseeeees 19
4.1.1. Comprehensive Drug Reform Act. oc cccceeccacssccenenscccrssseusesetceeasseseeseneseneneaeees 19
4.1.2. Overdose Prevention Act. ....ccccccccccscceccceececeesscecenstescvsetceesseneesnsnnescestasosoneasecenteoes 19
4.1.3. Students Suspected of Being Under the Influence of Alcohol or Other Drugs ..... 20
4.1.4. Self-Administration of Medication by Students. 0.000.000. eesccescsceereeeseenecseenaeeens 21

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4.1.5. Compassionate Use Medical Marijuana Act... .ccccccccescccsscssscesssessceeecnsseeecesssavens 21

 

 

 

 

   

4.2 Non-Applicability to Treatment Program Records and Information. ....00.. ccc 22
4.3 Confidentiality Laws... ceccccccecsscsscsscecessessececsaccasssecsesvscscsseusesseuuecacevsuacossertnsseacenaatente 23
4.3.1. Substance Abuse Confidentiality Laws. ......cccccccccccscccscsccscscesessccvensussessestnsecssonss 23
4.3.2. Clarification Regarding Confidentiality of Contents of Student Records. 000.0000... 23
4.3.3. Records of Law Enforcement Units...........ccccccscccecccssscsescetsccenssessecessetnsveasecueseasvas 24
4.4. Securing Controlled Substances and Paraphernalia.......0...cccccccccccsccescesscssccsesversossenenenees 24
4.5. Prompt Response to Controlled Substance Referrals; Preserving Chain of Custody.... 25
4.6. Requirement to Report Incidents Involving Firearm
4.7, Securing Firearms, Ammunition and Dangerous Weapons. ......00...cccccccccceesecesesseseeesceees 25
4.8. Law Enforcement Response to Mandatory Referrals. .0....0..00cccccccsccccssseessscesesesseeeserseens 26
4.9, Interdiction Of Weapons..........cccccssescesscesssesecesteccersesccscesssesscusnscensussececusssceevenssececeasenees 26
4.10. Requirement to Report Incidents Involving Planned or Threatened Violence. .............. 26
4.11. Violence Intervention... cecccccsesccesccesccsevesesevesssessccusstscssceaececessusconsstsosssenenscsteeseeeeense 2/
4.12. Requirement to Report Sexual Offenses. oo... ooo ccccccecscccceccscessccsceesteveseusressovestesovesevases 27
4.13. Reporting Other Offenses. 0.0... ccccccesscsssssceseecessseesesessesuccceecsccesatecesesceccesstusasersaracease 27
4.14. Law Enforcement Response to Voluntary Referrals. ......0ccccccecccccsesccccetsessesssececssosoeses 28
4.13. Arrest Protocols Following Voluntary Referrals. .......0....ccccccccccccsesscccssseseseesssecesensensueens 29
4.16. Advice on Juvenile Justice System Practices and Procedures. .......0...cccccecccssseescceesveonens 29
AAT. Advice ON Weapons, ........cccccccesecessessccerseesecssseessccscessusessausestcaususesausesscesensetsensseosceaseas 29
4.18. Possession or Consumption of Alcoholic Beverages... ..cccccccccccsccessssscsecsetesscannesnsonnee 29
4.19. Reports of Child Abuse or Neglect; Potential Missing or Abused Children. ....0000000... 30
4.19.1. Reports of Child Abuse or Neglect to CP E&P ooo cece cccccsccssesccceseveesversensvenecns 30
4.19.2. Notification to Law Enforcement, ............ccccccescccceescecsesseecectescecetsccsscersusecceaseaeene 30
4.19.3. Notification of CP&P by Law Enforcement. .....0.. 0c cccccccsseessecessossecsccessetececenees 30
4.19.4. Law Enforcement Response. ...........ccccccscsseensssssessuscescnscescesvevsusvasseeceuscseeecusssesssens 31
4.19.5. Notification of Parents or Guardians. ....0.....ccccccccccsesssccessscenersccecensceeasesseeceeassoass 31
A.19.6. ANOMYMILY. oo... ccc ccccssscccesecessssccecsecessuescecsesesessstscosesensccesesvssassuesenaseuecssanareseracenss 31
4.19.7, Custody Disputes and Potentially Missing Children. .0..0..... ccc ccccccccesesscssseneeees 31
4.20 Offenses Involving Computers, the Internet and Technology. ........0cccccccecsccssecesscsceeres 31
A QO A. PUPDOSC..........cccccccsseescccsccuccnssececccccecccuseecececucsececevevsuseseseuassessecuneeussececeusecessesannunnes 31
4.20.2. Unauthorized Access to School Networks, Harassment and Threats via
Electronic Media, and the Use of Technology to Facilitate other Crimes......0000000000... 32
4.20.3 Blogging and Free Speech [Ssues. ..........ccccccccesscsscsensessscesseessesestccessessecsstesccesseanses 33
Article. School Access to Law Enforcement Informations. .......cccccccsscscssesesesssssseesssseseanneses OO
5.1. Statutory Authority to Disclose Information. ..0.0..0...ccccesccccsssssccecsssecessestcnccenseceenssaseeseeens 33
5.2. Agreement to Disclose Information Following a Charge, .0.....0..ccccccccccsccsecsesessccecenesseaens 35
5.3. Agreement to Disclose Information During an Investigation. .0......0..cc.ccccesscccsessesececenee: 35
5.4. Specificity of Disclosed Informationy ....00...cccccccccccessccccsccssceressccesnsoensnscoecesetscsaeeersseuee 35
5.5. Disclosure of Adult Student Information. 00... ccc cccccccccesscsessscsscusseccusssesscenenseeceeneaes 36
5.6. Law Enforcement Testimony at School Student Conduct Hearings; Required Notice to
the County Prosecutor. ........ccccccccsscssscsecessccesscccsessecscescacecevsuseuccsssseuscossuuceesscssueenscesuareess 36
5.7. Parallel School Student Conduct Proceedings. ....0...cccccecccecssssscessssvseseccosssserscesctsescecsvaces 36
5.8. Notification of Arrests or Charges Filed Against School Personnel. ........c.cccuccceeeeseeeees 37

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5.8.1. Applicability Not Limited to Local Jurisdiction. ....0.....c:eeccesseeeeneeeeeereoeeenserern 37

§.8.2. Employment Information. 0.0.0... eccessceensccnsersecensenensnssnsceereneeseeoreonareeeonserssess 37
5.8.3 Offenses Requiring Notification. ..0.......ceccesccsccccssccesseseeessseseseneseeeeseansneesensenesentes 37
5.8.4 Notification of Emergencies. ........cceeccesccceseneccssscesessseesesessserasenserssescesseesoenaneeseayy 38
5.9 Notification to Executive County Superintendent, ......0. cece ccccecseseeeeneeeeeeoesesenennenaeees 38

Article 6. Notice of Arrests...ccsccccccoscossosssensssscccscsscevocersecsneessnassseetusacconsacrssssesseannasessonesscessonere OO
6.1. Arrests of Students on Schoo! Grounds. 0.0... ccescccccsceeseeeeerneseserscenensesccocetenseesssteasagssseoesons 38
6.2. Arrests of Non-Students on School] Ground ...........ccccccccsesecceeasseceeeeensnccessasenaaesesengeaseseees 38
6.3. Arrests of Students Off School Grounds During Operating School Hours. «0.0.00... 39

6.4, Parental Notification. ..........c.ccccccseccccseeccccsssecccesseetensuseseecaucucceecenseesrsnssoseesseonessecennseseeewess 39

 

 

&
Article te Arrest Protocols. FEKFSTC OST KM GS SSIS ST RSC SHS TC SOCKS S GH FSS HOSS IKSL TOSS SK PSE SHH SPCC SA TTF SPSHKA KK SS PSPSSAFLATES HFT RAAT CS SHS PSS SK SSSS SHAR RA s§

 

 

 

 

 

 

 

 

   
 

7A. Requests by School Officials. 0.0.00... ccccccccecceeevenseseensscesssssccessesuconssaeenesseeeseeeressesanesseeneas 39
7.2. Minimizing Disruption of the Educational Process. .........c:cccesecssssesscerensseeeesneetesseeteneens 40
7.2.1. Arrests to be Conducted in Private. ...........ccccscsscccccceseecesnssecaausteceseensceensaeeesscereeenas 40
7.2.2. Preferred Use of Plainclothes Officers to Effect Arrest... cccccscccesscsceeseseneeeneneres 40
7.2.3. Cooperation with Arrests on School Property. ........:cccsesccsseecereeesereereneterseentesoons 40

7.3. Other Spontaneous Arrests. ........ccccceeesccesscossensssssereesrsesesevessseeseseseenseasseaeeesraesenensoosaaeees 40
7.3.1. Notice to Building Principal. 0.0.0... ceccssssecsecssenscssececnsseesenneersessesspeesnreneesnes 40
7.3.2. Minimizing DASFUPTION, ...0.. cee ccceeessentesneoreesesseeseeusseecesssseaneesersseeessonaeunteaeeraeneees 4]

974. Planned A 4]
Article 8. School Safety and Security. ..........ssccssssssssosenesssonneccossnsecsosnecuonsssecentsscseersuntacesonnneos FE
8.1. Development of School Safety and Security Plans.......c..ccessesessennecrentenecterestscsteeeeeeenes 4]
8.1.1. Critical Incident Planning. 00.0.0... cece cesccesnecoeenssseensoocessneacesesennenaceseeesenereeseees 42
8.1.2. Consultation in Development of School Safety and Security Plans (SSSPs)........ 42
8.1.3. Format and Contents of SSSPS. oo... cccsccsssccceseeesssneneocecasscceseseenssnenscersesesaaanaees 42
8.1.4. Annual Review of SSSPS..........cccccsssccccccceseessenenescensnsecsssevecsseseennaeeceseeeeeesereeepneaeents 42
8.1.5. School Staff In-service Training on SSSPS. ........c ccc ceccceeeeesnseeceetessereeeerssosnenenneens 43

8.2. Implementation of Approved School Security Task Force Recommendations.............0.. A
8.2.1. Sharing of Model School Security Policies (MSSP). .......ceccessessesseeeoreenetensonee 43
8.2.2. Joint Training, ......ccccccccecccecesenccnncconsoreceessnecanseerenaservesecsecesenscesesesteseaerecenensoonnenees 44

8.3. Gang Threat and Recruiting Information... cece ssseeeesteeeessevereeessesconeneseaeesseaesrecenes Aa
8.4. Harassment, Intimidation, or Bullying (HIB). 000.0 eeccsceeecescsseerenensaeeeeevaeneeensseneees 44
8.4.1. Statutory Definition. .......0. ccc ccccsscenseeeeseeseneesscceeenscossensecsersessenseresnssnreseneeeeornenees 4s
8.4.2. HIB’s Relationship to Criminal Conduct... ccc cece sesereseneenensentesnaeesteaereonaeey 46
8.4.3. Reporting Of HIB. oc. ccc ccccccncceseseecseseeeseseeasnseseenseseasenseeconesnaesconerenecensesenaotons 46
8.4.3.1. Reporting of HIB by Law Enforcement to Schools. 0.0... cccessenseeeeettereereeeees 46
8.4.3.2. Reporting of HIB by Schools to Law Enforcement. seusevescesteesseseeensessacereaenseees 46
8.4.3.3. Reporting of HIB to Division on Civil Rights. 0.0.0... ceeceeneeseereeneereneeeeeens 4]
8.4.4.Preservation of Evidence and Chain of Custody. locesucgececseveessareeveceesetsesseeetaaneecoenens 4]

8.5. Bias Intimidation Crimes. .......cc.ccccccccccnsnsceceesceseeeeersscoesanscovesseocesstssessssrneuonasensanseneseasenesoses 48
8.5.1. Statutory Definition. 0.00.00 cee ccccsseseeseseeecenseeeesserenssaeereenessereeesnineesnpeneesneeessagees 48
8.5.2. Reporting of Bias Intimidation Crimes. .........ccccccecseesceceneereerseceeeenanteeeceeneeseeentenees 49

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8.6. Hazi 49
©, PLAZEIQ. oc cccsssscsecceseccceeescsecceccornneesasepsssenssssepesesseeesseessccssauceesvuussenuusccceeuceessesecescessseseescesesenss

8.6.1. 8 Definiti 49
6.1. Statutory Definition. o.oo cccesccccsesensnceesesessseccenevssecssscessussssscssecsueseseeeeusassenseaees
8.6.2. R ing of Hazi 50
6.2. Reporting Of Hazing. oo... cccsscccsccessscccccseessnerusscesenssseesuasceseuseesssrsceeaussseceusenseeses
8.7. Cyber-Harassment 50
x Seow FSP SE Ron SP RR eo PE EH PERSE ES OHARA SS TET RR SOTTO ERAT AGTH ST SS HHS OR GOH SHS ORE KTH F SHR OTST HORE RHE RRR SHO HT REAKKERH HECKER SHH REE RETeE
8.7.1. 8 ry Definiti 50
FA, Statutory DETIMILION. 0.0. cccccaccccesseseseeeeseeserscecescessenensecosesaceusesssccsiuesersseereenss
R
8.7.2. Reporting of Cyber-Harassment 51
2 = > Se FPS Pi Seer eee soe ee SES SHER TETE HS RESTS SR EE SST RRR DHS HERR RHREED ESSERE K SHO Re ETRE SD
*
8.3. SOXUNG oc cec cc csecccseccnssseoessssenssssseeseascuacecesssessacesssseusssceeaucesessseaececscesseesansenseestnsconsersutsens 51]
8.8.1. R ing of Sexti 52
6.1. Reporting of Sexting. ......ccccccccessscoeeen asenssveaccesussesansceconsessacssnvsssnesavcssosnatensessanes
8.9. Coordination of ad Criminal Investigati 2
.Y, Coordination of HIS and Criminal Investigations. ......0...00cccccccsesccccccsscereccosseersecosusnsrecens 5
= & CJ *
8.10. Law Enforcement Testimony at School Student Conduct Hearings; Required Notices
3 ® UD s 2 c
to the County Prosecutor..........cccccscccesccessessesussscssssessecnauscnsesencessseessserscaeseraseeasensateuens 54

S
Article 0, Schnoo! Searches, PREC GAPS R RCT SGC SSS GRR SPR AT KK SCG GOP SAGKAC SSR AAS HH SR SK STE SS GCT GRATES ISS AGT OOS KA SSS SOSH A AEE AATHPC ORT HHT SPOR SRRRRRH SERS a

9.1. Searches Conducted Independently by School Officials. .000...cccccccccccesecoscecessecceeaseeeres 54
9.2. Notice to Law Enforcement of Seizure of Contraband. oo... ccccccccccccessensesceecvesnecscceunes 55
9.3. Law Enforcement Assumption of Responsibility. .....00.cccccccccccscesscssocsssessocsecreccssoveneenees 55
9.4, Legal Questions During Conduct of Law Enforcement Search... ccc cecsccceeccceeeceenes 55
9.5. Agreement Does Not Constitute a Request to Conduct Searches. oo... cccccesesersenees 55
9.6. Search and Seizure Legal Advice to School Officials. 0.0.00. ccccscsscceccessesecscessreenevscseanes 55
9.7. Requests to Use Drug-Detection Canines. .......00cccccccccsccescecessccsessccceaccesseeeaevensseesaceenseseuees 56

Article 10, Interrogations anc interviews. RSECRKLGSSSKHGC FC HSSSKHKSF SAC SMFS HKAF AOR HGAS HSK SCR HSS SRSSCS SSSR SR RG SSS HSM SAR SSSHSSSSS KS HTES ES SSS & 6

Article Li. *"lbplines” and Crime Prevention Programs. RSS KFC GSRHKHRK SKA TT FREER HSH TIFF RSG SSS SSIS SPSS SHS KS SS PS Oss se "7

   

Article 1Z. Law Enforcement Participation in Educational Programs. ........cscccsssscceceooses 57
12.1. Law Enforcement's Contribution to Substance Abuse Education and Demand

 

ROGUCUION. 0... ecccsssceesesesseenccessessseesecesseessccsssecscsssececcstsevseuecscessuscsscsasusccrsererseracearestrvers 37
12.2. Approval and Supervision of Educational Curricula. ...0....ccccccccsscseesccecesecseaseeesscoveseenss 58
12.3. Procedures for Inviting, Soliciting or Promoting Police Participation in Educational
PYORTAINIS. .......cccccccssesceecccsssteacecssereacsssengasesssapnssensusssesuccssecussssscessovereenaceusentacertecenaceraanes 58
Article 13. Joimt Comsultation. .........scccssscorssscsssssccsenersonocesonceesansonnsssesacasassecscccsssvsecensssetsccceasse D9
13.1. Consultation and Information Sharing. ..0....0..ccccccccccccsesscessesescscssssccsssenscsssreccsorareeaeeasess 59
13.2. School Violence Awareness Week. oo... cccccccccsesssccessssseecesscessscsssvascesssnsecessveescesevertenss 59
13.3. School Safety and Security Consultations. ......c0cccccccccccecscacescccceeccsecceeeceeseccvesssesneseseens 60
13.4. School Safety and Security Planning. 00.0.0... ccccescccsnesesecssseesesessecesvessseecessenecesssateae 60
13.5. Safe Schools Resource OfMCELS. 0.0... ccccccccccencccessccssscesessceueecessuevetscesaceercensseceeesseacens 60
13.6. Harassment, Intimidation or Bullying Policies. oo... cccesccccsccsssesensccerscscceetecceessereeens 61]

Articie 14.

   

Wispute s fesolution Procecures. FHKKSSSCGC HK FKGSF SORES SK TC HSPCRS SAK HSSI RR HTT RSC SSF SRC SSR OGCGSI EGGS HPO KGS HRS SE SOKSRHHSESSER 6)

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Article 15. Maintenance of the Agreementt.......c.cscsssssssosssecesnssesscssscensnnesscnsseeereeetsesessoneneneesees OZ
15.1 Agreement to Remain in Effect. 200. cceeeseneeseneeeenseeeesanesenerersneceesesreneseesenengn 62
15.2 Ongoing Communication. .......cccsccccssceccccesseescnnsesseesnnserseecnaenpecovsntnosocessaecesesenenensseneens 62
LS.3 Distribution. oo... csccccccecessennsreenseeseeseesssceeecccessnstsscesscuceessesnenaeeeseeessseeseqeeteresessneeeons 62

Article 16. Annual Review and Revisions of Agreement........ssssscssseseccsssersenescersrseeneneeeseees 63
16.1 Affirmation. .o...cccccccccssccccsscccccccssenenssecsenecececosesssusascoesntecsssseeceusssesenegasaeeesesevecsesnaaseeeseseseeeens 63
Requests t to 5 Conduct Operations. eutcecceuucosucstescessecuscenseeseeuaeententecerccsscaresconsessesessseesesenseereseagans 64
Consultation and Cooperation... cc cc ec cessccsccsseseenennessereessecensserecenseesensceesstarsnecorasessesenren 65
Security; Limited Disclosure Agreements; Early Termimation,. .........:ccccceesceneesreeseesenerneeees 66
Use of Undercover Officers as School Employees. 0.0.0.0... ccccceesecseneceeseesseecessenseseeesteneeennereeens 67
Limitations on Undercover Officer Conduct. .........c..ccccccceeseeeesnseeenssnseeceenneesesseeenrenacersrsenevosees 67
Post-Operation Report. .....c.cececescecsessesecsecesserceaneasesesenensaseesoneseaesonenenesecnrsecnseseremenenesanenseenes 69
Post-Operation Seminars. 0.00... cccccessssescceccesececensnsceeseneneenreneneseouenanecaorereueceaseeaaenesseseeenererengens 69

     

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Article 1.

 

Findings, anc

 

 

    

jreemenis.

In 1988, the Department of Law & Public Safety and the Department of Education issued
a model agreement for use by local law enforcement and education officials. These agreements
were eventually signed in communities across the state and documented the commitment by both
professional communities to work together as co-equal partners to address the state’s alcohol and
other drug problems as they relate to school-age children. Regulations promulgated by the State
Board of Education and codified at N.LA.C. 6A:16-6.2(b)13 through 14 establish uniform
statewide policies and procedures for ensuring cooperation between education officials and law
enforcement agencies; these policies and procedures are consistent with and complementary to
the Uniform State Memorandum of Agreement Between Education and Law Enforcement
Officials approved by the Attorney General and the Commissioner of Education. The
Memorandum of Agreement (Agreement) was revised by the Commissioner of Education and
the Attorney General in 1992 and again in 1999 to account for new developments with respect to
the scope and nature of the State’s evolving alcohol and other drug problem and to address the
problem of firearms and other weapons brought on to school grounds. The 2007 revisions, for
the first time, addressed school safety and security, harassment, intimidation and bullying,
hazing, gang reporting, computer crimes, station house adjustments, school law enforcement
units, School Violence Awareness Week and other current issues of concern and provide
clarification on issues such as child abuse reporting. The 2011 revisions have been made in
response to the Anti-Bullying Bill of Rights Act (P.L.2010, ¢.122) and to address the assistance
provided to attendance officers handling truancy matters. The 2015 version of the Agreement is
in response to new provisions of State law that went into effect after the 2011 Agreement was
disseminated, including the Overdose Prevention Act, N.J.S.A. 2C:35-30 and N.JLS.A. 2C:35-31,
and cyber-harassment, N.J.S.A. 2C:33-4.1. Issues that have been recently brought to the
forefront, including Article 8.6, Hazing, and Article 8.9, Coordination of HIB and Criminal
Investigations, have also been revised and clarified to assist school officials and law enforcement
in their efforts. Additionally, relevant laws that had been previously omitted are now included,
such as the Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6]-1, and self-administration
of medication by students for specific medical conditions, N.J.S.A. 18A:40-12.3.

   

 

 

   

========= Page 0008 =========

    

Nature of the Probiem.

The 1988, 1992, 1999, 2007, 2011 and 2015 issues of the Memoranda of Agreement have
been designed to ensure cooperation between law enforcement and education officials and
ultimately to protect the educational environment. The undersigned parties hereby recognize the
need to update the Memorandum of Agreement and to reaffirm the commitment to work together
as equal partners in addressing evolving problems and emergencies of mutual concern. Recent
events in New Jersey and throughout the nation have made clear that while schools are generally
safe places for students and staff members, a wide range of offenses are occasionally committed
on school grounds’. These offenses against persons or property may involve the actual or
threatened infliction of bodily injury, the unlawful use or possession of firearms or other
dangerous weapons, dealing or use of illicit controlled dangerous substances, arson or fire-setting
activities, sexual assault and criminal sexual contact, bias crimes, illegal gambling, vandalism,
and theft. It is understood and agreed that the commission of these types of offenses on school
grounds, whether directed at students, school employees, or school grounds, not only undermines
the educational environment, but can directly endanger the safety and well-being of members of
the school community and thus requires an appropriate and decisive response. It is further
understood and agreed that there is a demonstrable need for law enforcement and education
officials to cooperate and to share information, as appropriate, to address acts of violence or
potential acts of violence by students that may occur off school grounds or at times other than
during regular school hours, and that may involve victims or potential victims that are not
members of the school community. Experience has shown that violent acts committed by
children off school grounds can have serious deleterious effects upon the schoo] community, just
as acts of violence committed on school grounds can lead to further violence or retaliation at
other places.

   

 

 

 

 

 

 

 

 

   

 

 

'Pursuant to N.J.A.C. 6A:16-1.3, “School grounds” means and includes land, portions of land,
structures, buildings, and vehicles, when used for the provision of academic or extracurricular
programs sponsored by the school district or community provider. School grounds also includes
school buses, school-sponsored functions, structures that support the buildings, such as school
district wastewater treatment facilities, generating facilities, and other central service facilities
including, but not limited to, kitchens and maintenance shops. School grounds also includes
other facilities as defined in N.J.A.C. 6A:26-1.2, playgrounds, and recreational places owned by
municipalities, private entities or other individuals during those times when the school district
has exclusive use of a portion of the land.

========= Page 0009 =========

   

Reasons for Special Concern.

The parties to this Memorandum of Agreement are aware of and remain concerned by
recent events that have occurred throughout the nation involving violence committed by youth
and violence committed on youth by outsiders. The parties further recognize that no school is
immune from the disruptive influence of alcohol and other drug abuse and distribution,
vandalism, and violence. It is not our intention to cause undue alarm or to overstate the nature or
magnitude of the problem. Nor is it our intention in any way to jeopardize the rights of students.
To the contrary, we wish to emphasize that our goal is to safeguard the essential right of all
students and school employees to enjoy the benefits of a school environment which is conducive
to education and which is free of the disruptive influence of crime, violence, intimidation and
fear. Accordingly, the parties to this Agreement recognize the need to have in place policies and
procedures to appropriately and decisively manage these inherently dangerous and disruptive
situations. It is our hope and expectation that by developing and publicizing the existence of
clear policies, we can discourage the commission of serious offenses on school grounds and
thereby protect the safety and welfare of all members of the school community. In developing
these policies and procedures, it is understood that it is a crime for any person to knowingly have
in his or her possession any firearm on school grounds without the written authorization of the
governing officer of the institution. See N.LLS.A. 2C:39-5e and N.LA.C. 6A:16-5.5(j) and 5.6(j).
It is agreed and understood that this statute and these regulations are designed to protect children
and the educational environment, and that violations are especially serious matters that warrant a
prompt referral to, and response by, law enforcement authorities. Finally, it is understood that it
is a crime for any person to dispose of any such weapon, or any firearm unless he or she is
licensed or registered to do so (N.ULS.A. 2C:39-9d).

   

 

 

 

 

 

 

 

 

1.4. Benefit of Referrals to Law E ities.

It is understood that law enforcement officials have access to confidential information
that may document that a juvenile offender has previously committed acts of delinquency outside
of school grounds and about which school officials may therefore be unaware. These
confidential law enforcement records may concern prior juvenile arrests, adjudications,
dispositions, referrals to juvenile conference committees and station house adjustments. For this
reason, the failure by school officials to refer a suspected offense to law enforcement authorities
may unwittingly prevent the professional actors within the juvenile justice system, including law
enforcement and family court officials, from identifying and dealing appropriately with juvenile
offenders, and may thus prevent these actors from taking the steps that are necessary and
appropriate to intervene, to address the juvenile’s problems in a timely fashion and to protect the
public safety. In order to enable school officials to make a more informed decision regarding
whether to refer a suspected act of delinquency to law enforcement authorities, the parties to this
Agreement understand the need for, and benefit of, establishing procedures by which law
enforcement officials can explain the workings of the juvenile justice system and the options,
services and resources that are available through that system to respond to juveniles' needs. It is
expected that such ongoing dialogue will enable school officials to understand the likely

 

========= Page 0010 =========

consequences of a referral involving a given offense. It also is hoped that in this way, law
enforcement and school officials can work to dispel many of the myths about the juvenile justice
system, and to develop a better understanding of the resources available to address the needs of
juveniles who enter into this system or who are at risk of entering the system.

   

1.5. Anabolic Steroids, “Jimson W

 

The parties to this Agreement understand that in 1991, the New Jersey Commi

Health promulgated rules and regulations which classify anabolic steroids as Schedule HI
controlled dangerous substances. The parties to this Agreement recognize that the problem of
the unlawful use of anabolic steroids by school-age children is a particularly serious one, and that
this problem is not limited to student athletes, but also involves students who use these especially
dangerous substances with the intent to enhance their physical appearance. The parties to this
Agreement recognize that these substances often have profound, long-term adverse side effects,
and that their unlawful use by children cannot be tolerated. The parties to this Agreement also
understand that it is illegal in New Jersey to use, possess, or distribute any stramonium
preparation, commonly referred to as "Jimson weed”, and that it also is illegal for any person to
distribute or possess substances sometimes referred to as “date rape” drugs, including gamma
hydroxybutyrate (GHB), Rohypnol (roofies), and flunitrazepam (N.JS.A. 2C:35-5.2 and 5.3,
effective August 8, 1997; N.J.S.A, 2C:35-2 and 2C:35-10.5).

 

 

 

4.6.

 

The parties to this Agreement recognize that public attention has been focused on the
problem of alcohol consumption on school grounds. Surveys of New Jersey's high school
students consistently report that alcohol continues to be by far the most commonly used chemical
substance by school-age children. The parties to this Agreement recognize and reaffirm that
alcohol remains an illicit substance for underage persons, and that alcohol offenses, especially
those occurring on school grounds, , are serious matters that warrant a decisive and predictable

response.

 

 

4.7. Prosecution of Dru

 

On May 14, 1998, the Attorney General issued Directive 1998-1 to establish uniform
standards and criteria for prosecuting cases under the Comprehensive Drug Reform Act. The
Attorney General Directive recognizes that reports of studies indicate that the high rates of drug
use by school-age children remain a serious concern. In order to reverse this disturbing trend,
the Attorney General Directive made clear that it is a prosecutor’s responsibility to deter drug
offenses by sending the strongest possible message that there are serious legal consequences for
engaging in this form of criminal behavior, and that the law enforcement community is

committed to making certain that juvenile drug offenders will be held accountable through the

   

 

   

10

========= Page 0011 =========

imposition of the mandatory non-incarcerative sanctions prescribed in the Comprehensive Drug
Reform Act, including the suspension or postponement of driving privileges, the payment of
mandatory Drug Enforcement and Demand Reduction cash penalties based upon the degree of
the offense involved, and the requirement that juvenile drug offenders perform at least 100 hours
of community service if the offense occurred on or within a drug-free school zone. Attorney
General Directive 1998-1 further recognizes that the general and special deterrent effect of these
non-incarcerative sanctions would be seriously eroded if juveniles taken into custody for
provable drug offenses were to report to their classmates and friends that these sanctions were
not imposed. Moreover, the Directive establishes that it is contrary to public policy and the
clearly-expressed intention of the Legislature to foster the appearance that a juvenile is entitled to
one “free” drug offense before the statutorily-mandated non-incarcerative sanctions will actually
be imposed. Accordingly, the Directive requires prosecutors to seek imposition of these
sanctions in all cases, including those that are diverted to a Juvenile Conference Committee, an
Intake Services Conference, a Juvenile Family-Crisis Intervention Unit, or any other diversion

PrORram.

 

       

Liaisons to School Districts and Law Enforcement Agencies.

 

 

It is recognized and agreed that without ongoing active communication and cooperation
among school and law enforcement officials the goals of this Agreement cannot be achieved. For
this reason, Article 2 of this Agreement requires that law enforcement agencies and school
districts designate one or more liaisons.

1.9. Training Requirements.

 

School districts and law enforcement agencies will comply with the training requirements
of P.L. 2005, c. 276, (NLS.A. 52:17B-71.8; N.J.S.A. 18A:17-43.1) for safe schools resource
officers and for school liaisons to law enforcement, as soon as practicable. As recognized by
Article 13.5 of this Agreement, the presence of a safe schools resource officer — a police officer
that complies with the statutorily mandated training requirements —- can enhance not only school
safety and security but also the relationships between school children, education officials, and
law enforcement.

   

 

All municipal and other law enforcement agencies having patrol jurisdiction within the
State of New Jersey shall make stationhouse adjustments available as a method of handling
minor juvenile delinquency offenses within their jurisdiction. See Attorney General Directive
2008-2, Attorney General Guidelines for Stationhouse Adjustment of Juvenile Delinquency
Offenses. A stationhouse adjustment is an alternative method that law enforcement agencies

il

========= Page 0012 =========

 

may use in their discretion to handle first-time juvenile offenders who have comm:

juvenile delinquency offenses within their jurisdiction. The availability of a stationhouse
adjustment as a method of handling minor juvenile delinquency offenses does not require law
enforcement agencies to use it unless they determine it 1s appropriate to do so. The intent of the
stationhouse adjustment program is to provide for immediate consequences, such as community
service or restitution and a prompt and convenient resolution for the victim, while at the same
time benefitting the juvenile by avoiding the stigma of a formal juvenile delinquency record. In
many instances, this early intervention will deter the youth from continuing their negative
behavior and divert the youth from progressing further into the juvenile justice system.

   

 

Since no charge is filed, the school need not be provided notice of a stationhouse
adjustment and need not be involved in the process. However, when the school district is a
victim of a minor juvenile offense, such as a minor theft or offense involving trespass or the
destruction of school grounds, the school shall be notified and should be included in the
stationhouse adjustment process, in the same manner as any other victim.

 

   

4.44. Juvenile Conference Committees.

The parties to this Agreement endorse the continued use of Juvenile Conference
Committees (JCCs). JCCs present an invaluable alternative to adjudicating matters involving
alleged juvenile offenders. The JCC is a panel of citizens appointed by the judge assigned to the
Family Division of Superior Court. The juvenile, parent/guardian, and complainant/victim
voluntarily discuss the offense and related matters with the JCC. The JCC does not have the
authority to determine guilt or innocence. Rather, the JCC considers all of the facts and makes a
recommendation to the Family Division judge. The proposed resolution should aid in the
juvenile’ S rehabilitation, and may include conditions such as curfew, counseling, evaluation,
community service, or restitution. These recommendations and conditions, if approved by the
judge, become a court order that is monitored by the JCC. Upon successful completion of the
condition, the case against the juvenile is dismissed. JCCs are authorized under N.J.S.A. 2A;4A-
75 and R. 3:25.

 

 

   

ICCs represent a partnership between the Judiciary and the citizenry of New Jersey to
provide expanded services to youth at risk. The JCC program provides the opportunity for
focused intervention for youth and families within the community of residence and helps to build
the collaboration between the court and the community that is necessary to respond effectively to
juvenile delinquency.

 

 

4.12.

 

Over the years, modifications to controlled dangerous substances (CDS) have resulted in
the creation of “designer drugs.” Structurally or functionally similar to banned CDS, designer

   

12

========= Page 0013 =========

drugs are created to mimic the effects of a CDS, while initially avoiding the CDS classification
and therefore giving the illusion of legality to these products. In recent years, designer drugs
such as “bath salts” (synthetic cathinones) and “synthetic marijuana” (synthetic cannabinoids)
have increased in popularity, resulting in initial widespread availability. Many of these products
were and continue to be falsely labeled as “not for human consumption,” “for novelty use only,”
“plant food” or “bath salts” to conceal from law enforcement their true nature.

Due to the danger of these products, especially among youth in New Jersey, the Division
of Consumer Affairs acted to ban synthetic cannabinoids. See February 28, 2012 Order of
‘Thomas Calcagni, former Director of the Division of Consumer Affairs. The United States Drug
Enforcement Administration followed, subsequently scheduling many synthetic cannabinoids
and cathinones as controlled substances, therefore outlawing them. However, the manipulation
of chemical compounds to avoid the controlled substance designation while providing the same
effects as the banned substances continues, and both educators and law enforcement must be
mindful of designer drugs in school settings and among our youth.

 

1.13.

 

The Centers for Disease Control and Prevention classified prescription drug abuse as the
fastest growing drug problem in the United States. Rates of prescription drug misuse (when an
individual uses a medication for a reason other than prescribed or in a different manner than
prescribed, or when an individual takes a medication not prescribed for him or her) and abuse are
increasing at alarming rates, especially among youth. Because these medications are incorrectly
believed to be safer because they are manufactured by companies, the dangers and potential for
abuse associated with these medications is often overlooked or ignored. Access to these
substances is also easier than with traditional CDS, as they are often located in the home
medicine cabinet.

 

The Substance Abuse and Mental Health Services Administration (SAMHSA), a federal
health agency, reported that in 2008, 52 million persons in the United States age 12 or older had
used prescription drugs non-medically at least once in their lifetime, and 6.2 million had used
them in the past month. SAMHSA also reported that between 1998 and 2008, there was a 400
percent increase in substance abuse treatment admissions for opioid prescription pain relievers,
underscoring the ready availability of these medications. Educators must be mindful that, absent
a filed certification and medical plan as described in Section 4.1, students should not be in
possession of CDS prescription medication on school grounds. Moreover, the prevalence of
prescription medication has led to an increase in misuse of prescription CDS stimulants among
youth as study aids, and among prescription opioids and benzodiazepines as party drugs.
Medications such as prescription opioids also clearly serve as a gateway to heroin. Educators
and law enforcement must focus on evidence-based prevention education and be alert for signs
and symptoms of misuse and abuse in our students

 

========= Page 0014 =========

 

 

Article 2.

   

 

2.1. LJa@isons.

 

We, Angelo Onofri and West Windsor Police Department shall each designate one or
more persons to serve as a liaison to appropriate local and county school officials.

 

Yasmin Hernandez-Manno and David Aderhold pursuant to N.LA.C. 6A:16-6.2(b)1,
shall similarly designate one or more persons to serve as a liaison to the county prosecutor's
office and to the respective local law enforcement agency. In many districts this liaison(s) may
be the vice-principal, school social worker, student assistance coordinator, guidance counselor,
or other staff member. The roles and functions of these liaisons are to:

o facilitate com

 

junication and cooperation;

o identify issues or problems that arise in the implementation of this Agreement and
facilitate the resolution of any such problems;

o act as the primary contact person between the schools and the affected law enforcement
agencies;

o act together in developing joint training and other cooperative efforts, including
information exchanges and joint speaking engagements;

 

© coordinate drug and alcohol abuse and violence intervention and prevention efforts; and

o consult on the review of school safety and security plans, pursuant to N.J.A.C. 6A:16-5.1,
and the review of approved model policies of the School Security Task Force.

  

Each school district shall consider designating one or more law enforcement units for the
district, as provided under FERPA (Family Education Rights Privacy Act), pursuant to 20 U.S.C.
1232g(a)(4)(1) and 34 C.F.R. 99.8. The term “law enforcement unit” means any individual,
office, department, division or other component of an educational agency or institution, such as a
school administrator or a unit of commissioned police officers or non-commissioned security
guards, that is officially authorized or designated by that agency or institution to enforce any
local, State or Federal law, or refer to appropriate authorities a matter for enforcement of any
local, State or Federal law against any individual or organization other than the agency or
institution itself; or maintain the physical security and safety of the agency or institution. [34

C.F.R. 99.8(a)(1)]. The law enforcement unit may be only one person, and does not have to be a

 

 

 

 

 

14

========= Page 0015 =========

 

law enforcement officer. All school security equipment shall be the responsibility of the law
enforeement unit. All school security records, including but not limited to, school security

mpus or school bus videotapes, records relating to weapons screening devices, visitor logs, and
any records of interviews relating to potential violations of the law are created and maintained by
the designated law enforcement unit. These records are not deemed to be student records or
educational records [20 U.S.C, 1232g(a)(4)(B)G@i)] and may be voluntarily turned over to law

enforcement without a subpoena. See also Article 4.3.3 of this Agreement.

 

 

buds ing julries Negare ci We vn Qpe rations.

   

All inquiries or complaints recerved by school personnel regarding interviews,
investigations, arrests or other operations conducted by sworn law enforcement officers shall be
directed to the appropriate law enforcement agency. This shall apply to inquiries from parents,
guardians, the press or any other sources. A school official receiving such an inquiry or
complaint shall also notify the appropriate law enforcement agency of the nature of the inquiry
or complaint (N.JLA.C. 6A:16-6.3).

 

 

   

Article 3.

 

Law Enforcement Operations.

 

3.1. Definitions

As used in this Agreement:

 

“Controlled Dangerous Substance” shall mean a drug, substance or immediate precursor as
defined at N.JLS.A. 2C:35-2, and shall include controlled substance analogs. Pursuant to
regulations adopted by the Department of Health, the term includes anabolic steroids, and shall
also be deemed to include "Jimson weed” (stramontum preparation) and gamma hydroxybutyrate
(GHB), Rohypnol (roofies), and flunitrazepam (N.J.S.A. 2C:35-5.2 and 5.3).

 

“Deadly weapon” means any weapon or device within the meaning of N.J.S.A. 2C:39-Ir or
2C:39-3. and includes any device readily capable of lethal use or of inflicting serious bodily
injury, including, but not lumited to, gravity knives, switchblade knives, daggers, dirks, stilettos,
or other dangerous knives, blackjacks, bludgeons, metal knuckles, cesti or similar leather bands
studded with metal filings or razor blades embedded in wood and any weapon or other device
which projects, releases or emits tear gas or any other substance intended to produce temporary
physical, discomfort or permanent injury through being vaporized or otherwise dispensed in the
air (i.e., mace, pepper spray, paintball guns). Deadly weapon also means any ammunition for a

 

    

 

 

“Firearm” means any firearm within the meaning of N.JLS.A. 2C:39-1f, and includes any
handgun, rifle, shotgun, machine gun or automatic or semiautomatic rifle regardless of whether
such firearm is operable or loaded with ammunition. The term includes “BB” and “air” guns.

 

 

iS

========= Page 0016 =========

“Onerating School Hours” shall include the time in which a school is in session or when students
are engaged in school related activities under the supervision of professional school staft.

“Planned Arrest” shall mean an arrest or taking into custody based upon probable cause which
was known to a law enforcement officer sufficiently in advance of the time of the actual arrest,
whether as a result of an undercover school operation, planned surveillance, or otherwise, so that
there was sufficient opportunity for the arresting officer or any other law enforcement officer to
apply for and obtain an arrest warrant, even though an arrest warrant may not have been sought
or issued. The term shall also include arrests made pursuant to a “clean sweep” (e.g., multiple
arrest) operation.

 

 

 

“Planned Surveillance” shall mean a planned operation wherein a law enforcement officer(s)
enters onto school grounds, including school buildings and school buses, in plainclothes during
operating school hours for the purpose of observing or participating in activities associated with
the use, possession or distribution of any controlled dangerous substance, alcoholic beverages or
firearms or dangerous weapons. This term shall not include observations made by a law
enforcement officer, whether in uniform or in plainclothes, from any place or property not owned
or used by a school or school board.

 

“Routine Patrol” shall mean activities undertaken by a law enforcement officer whether in
uniform or in plainclothes and whether on foot or in a marked or unmarked vehicle, to patrol
areas within a drug-free school zone (N.J.S.A. 2C:35-7) for the purposes of observing or
deterring any criminal violation or civil disturbance.

 

“Sorious Bodily Injury” shall have the same meaning as that term is used in N.J.S.A. 2C:11-1b
and means bodily injury which creates a substantial risk of death or which causes serious,
permanent disfigurement, or the protracted loss or impairment of the function of any bodily
member.

“Cionificant bodily injury” shall have the same meaning as that term is used in N.J.S.A. 2C:11-
id, and means bodily injury which creates a temporary loss of the function of any bodily
merber or organ or temporary loss of any one of the five senses.

 

“Spontaneous Arrest,” in distinction to a planned arrest, shall mean an arrest or taking into
custody based upon probable cause to believe that an offense is being committed in the arresting
officer's presence under circumstances where the officer could not have foreseen with certainty
that the specific offense would occur and thus where the arresting officer had no reasonable
opportunity to apply for an arrest warrant. The term shall also include any arrest or taking into
custody in response to a request by a school official pursuant to Article 7.1 of this Agreement.

 

“Undercover School Operation” shall mean a planned operation undertaken by a law
enforcement agency wherein a law enforcement officer(s) is placed in a school community and
poses as a member of the school community for the purpose of identifying and eventually
apprehending persons engaged in the illegal distribution of controlled dangerous substances,

 

 

16

========= Page 0017 =========

  

alcoholic beverages or the unlawful use, possession or distribution of firearms or dangerous
weapons. The procedures for planning and approving an undercover school operation are set
forth in Addendum | to this Agreement.

 

Saks

   

Undercover School Operations.

 

Undercover schoo! operations are designed to disrupt ongoing drug-distribution activities.
These operations are difficult to implement and require extensive planning, cooperation, and
secrecy. Attorney General Executive Directive 1988-1 imposes strict limitations on the use of
this investigative tactic. The Attorney General Directive is designed to protect the educational
environment of a school and to minimize the risk of injury to students and undercover officers.
Rules and regulations promulgated by the State Board of Education and codified at N.J.A.C.
6A:16-6.2(b)7 require local district boards of education to adopt and implement policies and
procedures to ensure cooperation between school staff and law enforcement authorities in all
matters relating to undercover school operations. Accordingly, the rules and procedures for
approving and implementing an undercover school operation are set out in detail in Addendum 1
to this Agreement, which Addendum is made part of this Agreement as if set out fully herein.

 

 

 

 

3.4.1. Notice and Consultation.

In the absence of compelling or exigent circumstances, as shall be determined by the
county prosecutor or the Attorney General or his or her designee, no planned narcotics
surveillance operation as defined in this Agreement will be conducted during operating school
hours without first consulting with the building principal or local chief school administrator of
the school involved.

3.3.2. Limitations; Targeted Subjects.

Nothing in this Agreement shall be construed to prevent any law enforcement officer
from making any observations from any place or property not owned or used by a school or
school board, except that a planned narcotics surveillance or any other form of observation
should, wherever possible, be limited to observing 1) those specific individuals or groups of
individuais who are believed to be involved in drug trafficking or weapons-related activities, or
2) those specific areas or places on school grounds, where drug use or trafficking or weapons-
related activity is believed to occur frequently.

3.4. Routine Patrols.

3.4.1. Visible Enforcement Plans.

========= Page 0018 =========

   

The West Windsor Police Department shall maintain at appropriate times a visible police
presence within all drug-free school zones, and shall file and periodically update a confidential
report with Angelo Onofri detailing how these zones are to be patrolled.

 

3.4.2. Notice to School Officials.

 

Where a patrol plan requires an officer periodically to enter onto school grounds, the
West Windsor Police Department shall advise the appropriate school building principal and
Gerard Dalton. It is understood and agreed that any portion of a patrol plan disclosed to school
officials in accordance with this subsection shall be kept strictly confidential.

3.4.3.

 

On-Site Reporting.

Except when responding to an emergency, no on-duty police officer will enter any
school building without first complying with the procedures established by the school for the
reporting of visitors. It shall be the responsibility of each police department or agency with
patrol responsibilities to make certain that all officers are familiar and comply with the reporting
policies established by each schoo! within the law enforcement agency's jurisdiction.

 

3.9

 

Curricular Events.

It is our agreed upon policy that West Windsor Police Department, working in
conjunction with appropriate school officials, should, whenever possible, provide for the
presence of uniformed police officer(s) at any event at which the chief school administrator
believes it would be in the interest of public safety. In the absence of compelling reasons as may
be determined by the Angelo Onofri or Robert Garofalo, Chief of Police it is understood and
agreed that uniformed police officers shall not be assigned to school functions, and especially
those functions occurring within school buildings, except with the approval of the building
principal or local chief school administrator. All requests by school officials for law
enforcement agencies to provide for a uniformed presence at any school event should be made in
accordance with N.J.A.C. 6A:16-6.2(b)10 and directed to Robert Garofalo, Chief of Police.

 

   

3.6 Truancy; Assistance Provided to Attendance O77

The sheriff and his officers and all police officers and constables are required to assist
school attendance officers in the performance of their duties (N.J.S.A. 18A:38-30). Assistance
shall, when practicable, include accompanying attendance officers to the homes of students in
circumstances where attendance officers may have concerns for their safety. However,
attendance officers are not law enforcement officers and law enforcement officers should not
provide assistance of a type that would not be available to other civilian investigators. For
example, law enforcement officers should not use law enforcement computer systems to run

1s

========= Page 0019 =========

motor vehicle checks or criminal background checks for attendance officers. Law enforcement
officers should also keep in mind that when accompanying an attendance officer to a home, they
have no additional authority to demand entry to the home if the occupants do not consent and
there is no emergency that would justify entry into the home.

 

 

  

 

 

 

 

4.1.1. Comprehensive Drug Reform Act.

 

Subject to the provisions of Articles 4.2 and 4.3 of this Agreement and N.J.A.C. 6A:16-
6.2(b)9 and 6.3(a), school officials shall promptly notify West Windsor Police Department
and/or Angelo Onofri whenever any school employee has reason to believe a violation of the
Comprehensive Drug Reform Act has occurred, except when, pursuant to N.J.A.C. 6A:16-
6.3(a)3, a student has voluntarily and on his or her own initiative sought treatment or counseling
for a substance abuse problem, provided the student was not involved in drug distribution
activities and further provided the student participates in an appropriate treatment or counseling
program. For the purposes of this Agreement and pursuant to N.J.A.C. 6A:16-6.3(a)3i, an
admission by a student of a violation of the Comprehensive Drug Reform Act which is in
response to questioning initiated by a law enforcement officer or school employee shall not
constitute a voluntary, self-initiated request for counseling and treatment.

 

4.1.2.

 

Overdose Prevention Act.

========= Page 0020 =========

School officials and law enforcement officers must also be mindful of the immunity
provisions of the Overdose Prevention Act, codified at N.JLS.A. 2C:35-30 and N.US.A. 2C:35-
31, and Attorney General Law Enforcement Directive 2013-1, seeking to ensure uniform
statewide enforcement of the law. On May 13, 2013, Governor Christie signed the Act into law,
the overarching purpose of which is to encourage individuals to seek medical assistance
whenever a drug overdose occurs. Specifically, the Act provides that when a person, in good
faith, seeks medical assistance for an individual believed to be experiencing a drug overdose,
whether the person is seeking assistance for himself/herself or another, the person calling for
help and the person experiencing the overdose shall not be arrested, charged, prosecuted, or
convicted for certain specified criminal offenses enumerated in N.JLS.A. 2C:35-30(a)(1-6) and
N.LS.A. 2C:35-31(a)(1-6) involving the use or simple possession of controlled dangerous
substances.’ Attorney General Directive 2013-1 expanded the immunity provisions of the Act
beyond its plain language to encompass the spirit of the law by providing immunity to others
present at the scene of the overdose event if those other persons were made aware of and
participated in the request for medical assistance, even if only one person actually placed the call
to 9-1-1. As Attorney General Directive 2013-1 made clear, the immunity feature of the Act
does not extend to simple use or possession drug offenses that come to the attention of law
enforcement by independent means.”

 

 

 

 

 

 

4.1.3. Students Suspected of Being Under the Influence of Alcohol or Other Drugs.

 

“The Act does not limit in any way the ability of law enforcement to investigate, arrest, or
prosecute an offense involving the manufacture, distribution, or possession with intent to
distribute an illicit substance or paraphernalia or other drug-offenses.

“Law enforcement and educators should also be mindful of P.L. 2009, c.133, the “9-1-1 Lifeline
Legislation,” which provides immunity for underage use and possession of alcohol for up to
three people (including the individual in need of medical assistance) when 9-1-1 is called for an
alcohol-poisoning related medical emergency. To be eligible for the immunity, the underage
persons must be the first to place the 9-1-1 call, must provide their names to the 9-1-1 operator,
must remain on the scene of the event, and must cooperate with law enforcement and medical
responders.

20

========= Page 0021 =========

Pursuant to NJUA.C. 6A:16-4.3(a)3 and 6.3(a)4, school officials may, but need not,
disclose to law enforcement authorities the identity of a student suspected to be under the
influence of alcohol or other drugs. Pursuant to N.J.A.C. 6A:16-4.3(a)3i, however, school
officials shall disclose to law enforcement authorities the identity of a student reasonably
believed to be in possession of a controlled dangerous substance or related paraphernalia or a
student reasonably believed to be involved or implicated in distribution activities regarding
controlled dangerous substances. In each instance of a report to law enforcement authorities of a
student suspected of being under the influence of alcohol or other drugs, pursuant to N.J.S.A.
18A:40A-12(a) and N.LA.C. 6A:16-4.3(a), or of a student suspected of using of anabolic
steroids, pursuant to N.JUS.A. 18A:40A-12(b) and NL.LA.C. 6A:16-4.3(b), the student must
receive the required medical examination, pursuant to N.ILS.A. 18A:40A-12 and N.J.A.C. 6A:16-
4.3(a)2 et seq. or (b)2 et seq., as appropriate.

4.1.4. Sell-Administration of

   

jedication by Students.

Law enforcement and educators should be aware that, pursuant to N.J.S.A. 18A:40-12.3,
self-administration of medication by students is permitted for specific medical conditions,
including asthma, life-threatening allergies and other potentially life-threatening medical
conditions. The student shall be permitted to self-administer medication provided that (4) the
student’s parent or guardian submits to the board of education a written certification from the
student’s physician specifying the specific medical condition necessitating self-administration,
the medication to be administered, and the fact that the student is capable of and has been
instructed in the proper method for self-administration of the medication; (41) the student’s parent
or guardian submits to the board of education written authorization from the parent or guardian
for self-administration of the medication by the student; (iii) the board of education informs the
student’s parent or guardian, in writing, that the district, its employees, and its agents shall incur
no liability as a result of the student’s self-administration of medication; and (iv) the student’s
parent or guardian signs a statement acknowledging that the district, its employees, and its agents
shall incur no liability as a result of the student’s self-administration of medicine, and that they
(the student’s parent or guardian) will indemnify and hold harmless the district, its employees,
and its agents against claims arising out of the student’s self-administration of medication.

 

   

In addition, the school nurse must maintain the student’s Individualized Health Care Plan
(HCP) and Individualized Emergency Health Care Plan (EHCP) documenting the student’s
medical needs and the need for self-administration of the specified medication, pursuant to
N.LA.C, 6A:16-2.3(b)3 xii. For example, students with asthma who meet the above criteria may
carry an inhaler such as a rapid-acting bronchodilator. Likewise, students with life-threatening
allergies may carry one or two epinephrine auto-injector mechanisms and an oral or lingual form
of Benadryl (antihistamine), if they too meet the above criteria. Students with diabetes may

arry either an insulin pump or injectable insulin, if they similarly meet the above criteria.
Students with other life-threatening medical conditions may have a medication order for other
specific medication which may, if the above criteria are met, be self-administered.

 

 

 

 

4.1.5. Compassionate Use M

 

========= Page 0022 =========

On January 18, 2010, the Compassionate Use Medical Marijuana Act (CUMMA)
(N.J.S.A. 24:61-1 et seq.) was signed into law. The purpose of CUMMA is to protect from
arrest, prosecution, property forfeiture, criminal and other penalties, those patients who use
marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians,
primary caregivers, and those who are authorized to produce marijuana for medical purposes.
CUMMA expressly provides that it does not authorize a person to smoke marijuana in a school
bus or on any school grounds. As to smoking medical marijuana at such protected locations,
CUMMA expressly provides that the patient “shall be subject to such penalties as provided by
law.” Although this provision of CUMMA applies only to smoking marijuana in certain
specified places, district boards of education are encouraged to consult with their attorney about
the oral consummation of medical marijuana at any of the protected locations. The Department
of Health has promulgated regulations for the implementation of CUMM

[A and serves as the lead
state agency in developing the Medicinal Marijuana Program (MMP) in the state of New Jersey.

 

 

 

 

 

   

 

    

The Office of the Attorney General developed Enforcement Guidelines to provide law
enforcement with guidance and instruction on key provisions of CUMMA. This document is
available at the Division of Criminal Justice website under Attorney General Guidelines
(http://www.njdcej.org/agguide.htm). The MMP, in cooperation with the Department of Law and
Public Safety, has established an MMP Identification Card validation process. Law enforcement
personnel that encounter or have questions regarding the validity of an MMP Identification Card
should contact the New Jersey State Police, Regional Operations Intelligence Center (ROIC), for
Identification Card validation.

   

   

As of September 30, 2014, the MMP has three (3) permitted and operational Alternative
Treatment Centers. They are Greenleaf Compassion Center in Montclair, Garden State
Dispensary in Woodbridge and Compassionate Care Foundation in Egg Harbor. These facilities
are presently dispensing medicinal marijuana in raw vegetative form only. They are in the
process of developing protocols for the manufacture of lozenge, topical formulations and edible

products. These products will be available in the future and will be lawfully dispensed,
possessed and utilized by patients that are registered with the MMP. As these products become
available, law enforcement will be notified and provided with appropriate instruction on
identification. Additional information regarding the Medicinal Marijuana Program is available at

httn-//ni.gov/health/medicalmarijuana/index.shtml.

 

 

 

   

m Records and information.

   

Nothing in this Agreement or in N.J.A.C. 6A:16-6.5 shall be construed in any way to
authorize or require a referral or transmittal of any information or records in the possession of a
substance abuse counseling or treatment program in violation of any state or federal
confidentiality law or regulation, and such information or records shall be strictly safeguarded in
accordance with applicable state ‘and federal laws and regulations.

 

   

========= Page 0023 =========

 

identiality Laws.

4.3.1. Substance Abuse Confidentiality Laws.

The New Jersey Legislature on January 12, 1998 adopted P.L. 1997, c. 362, in
accordance with the Governor’s conditional veto recommendations. The law, codified at
N.JS.A.18A:40A-7.1 et seg., and the supportive regulations at N.J.A.C. 6A:16-3.2(a)2 and 6.5,
afford confidentiality protections to a public or private secondary school pupil who is
participating in a school-based drug or alcohol abuse counseling program where that pupil
provides information during the course of the counseling session that indicates that the pupil’s
parent or guardian or other person residing in the pupil’s household is dependent upon or
illegally using a controlled dangerous substance. The New Jersey confidentiality statute is
broader than the federal confidentiality statute and regulations (42 C.F.R. Part 2) in that it applies
to any student who 1s participating in a school-based alcohol or drug abuse counseling program,
even if the student is not personally abusing substances, but rather is seeking counseling to deal
with the problems related to the substance abuse of another. The federal law, in contrast, only
provides confidentiality protections to persons who are “patients,” that is, persons who are
receiving counseling for their own substance abuse problem. The state confidentiality law
nonetheless features an important exception to the general rule of preserving confidentiality.
Specifically, the State law is expressly subject to the provisions of N.J.S.A. 9:6-8.10, and thus
does not prevent school officials from disclosing information to Child Protection and
Permanency (CP&P) or to a law enforcement agency “if the information would cause a person to
reasonably suspect that the secondary school pupil or another child may be an abused or
neglected child.” Accordingly, it is understood and agreed that the confidentiality statute in no
way relieves the duty established pursuant to N.JLS.A. 9:6-8.10, which requires any citizen,
including school district employees, volunteers or interns , to inform both CP&P and a law
enforcement agency immediately when there is reasonable cause to believe that a child is or has
been abused or neglected.

 

4.3.2. Clarification |

      

<ecorcs.

tegarding Confidentiality of Contents of Student R

It is understood and agreed that federal and state laws pertaining to the confidentiality of
student records, pursuant to 42 C.F.R. Part 2, N.JLS.A. 18A:40A-7.1 and 7.2 and N.J.A.C. 6A:32-
7, only prohibit the disclosure of the contents of such records; these laws do not extend to other
sources of information concerning the same events or transactions that happen to be
memorialized in the student records. Thus, for example, a teacher, counselor, administrator, or
other school staff member who is a witness to criminal activity may be required to testify in a
court or grand jury or may be required to report information to law enforcement authorities
pursuant to this Agreement based upon personal knowledge and memory notwithstanding that
the criminal activity reported or testified about has been recorded in a student record that is
subject to state or federal confidentiality laws. In other words, the act by a school official of
memorializing an incident, event, or observation in a student record in no way precludes that
school official or any other material witness from reporting or testifying from personal
knowledge as to the documented incident, event, or observation, provided, however, that nothing

 

23

========= Page 0024 =========

in this Agreement shall be construed to authorize or require a school employee to divulge
information or records in violation of the confidentiality requirements of 42 C.F.R. Part 2, or any
other applicable state or federal regulation, law or rule of evidence concerning confidential and
privileged communications. Furthermore, the records of a designated “law enforcement unit” do
not constitute student records (20 U.S.C. 1232g(a)(4)Gi)).

4.3.3, Records of Law Eniorcement Units.

 

Records of a “law enforcement unit” designated pursuant to Article 2.2 of this Agreement
do not constitute student records. This comports with the requirements of the Family Educational
Rights and Privacy Act (FERPA), which was amended in 1992 to exempt such records from the
definition of “education records” (20 U.S.C. 1232g(a)(4)(ii)). Law enforcement records are
records, files, documents and other materials created by a law enforcement unit for a law
enforcement purpose and maintained by the law enforcement unit (34 C.FR. 99,8(b)(1)). In the

amble to the FERPA regulations published in the Federal Register on January 17, 1995, the
United States Department of Education stated: “...where a law enforcement unit also performs
non-law enforcement functions, the records created and maintained by that unit are considered
law enforcement unit records, even when those records were created for dual purposes (e.g., for
both law enforcement and student conduct purposes). Only records that were created and
maintained by the unit exclusively for a non-law enforcement purpose will not be considered
records of a law enforcement unit” (60 F.R. 3467). When one or more law enforcement units
have been established by the school district, the school district agrees to disclose to the
appropriate law enforcement agency, or the Department of Children and Families, as appropriate,
any records, files, documents and other materials of the law enforcement unit pertaining to the
investigation of a violation of the law. The disclosure of these records to a law enforcement
agency does not prohibit the use of these records for educational purposes, such as violations of
the code of student conduct.

 

 

   

 

 

4.4. Securing C

 

d Paraphernalia.

 

Whenever a school employee seizes or comes upon any substance believed to be a
controlled dangerous substance or drug paraphernalia, school officials shall immediately advise
the West Windsor Police Department and shall secure the substance or item pending the response
by West Windsor Police Department to retrieve and take custody of the substance or
paraphernalia, pursuant to N.LA.C. 6A:16-6.2(b)8 and 6.4. School employees having custody of
the substance or item shall take reasonable precautions, per local board of education procedures,
to prevent its theft, destruction or use by any person. In accordance with the requirements of
law(N.J.S.A. 2C:35-10c, it is understood that under no circumstances may any person destroy or
otherwise dispose of any controlled dangerous substance or drug paraphernalia except by turning
over such substance or item to the responding law enforcement officer.

24

========= Page 0025 =========

4.5. ing Chain of

 

The West Windsor Police Department shall dispatch an officer as promptly as possible to
take custody and secure the controlled dangerous substance or drug paraphernalia. School
officials shall provide to the responding law enforcement officer information necessary to
establish the chain of custody and the circumstances of the seizure, including the identity of any
person(s) from whom the substance or item was obtained, except that school officials need not
provide information concerning the identity of a student from whom the controlled dangerous
substance or item was obtained where the substance or item was turned over by a student to a
student assistance coordinator or other individual who holds either a school surse, school
nurse/non-instructional, school psychologist, school counselor, school social worker or student
personnel service endorsement on the Educational Services Certificate in the course of, or as a
result of, school-based intervention, assessment, referral for evaluation, evaluation or referral for
treatment, as those terms are defined in N.J.A.C. 6A:16-1.3 and delineated in N.LA.C. 6A:16-3.1
or participation in a cornmunity-based substance abuse treatment program where: 1) the student
voluntarily and on his or her own initiative turned over the substance to a school employee; and
2) there is no reason to believe that the student was involved in distribution activities; and 3) the
student participates in an appropriate school-based alcohol or other drug abuse intervention,
referral for evaluation, referral for treatment or continuity of care program, pursuant to N.J.A.C.
6A:16-3.1 or community-based alcohol or other drug abuse treatment program. Nothing in this
paragraph shall be construed in any way to authorize or require a referral or transmittal of any
information or records in the possession of a school-based alcohol or other drug abuse
intervention, referral for evaluation, referral for treatment or continuity of care program or a
community-based substance abuse treatment programm where such referral or transmittal would
constitute a violation of state or federal confidentiality laws or regulations, and such information
or records shall be strictly safeguarded in accordance with applicable state and federal laws and
regulations.

 

 

  

idents involving Firearms.

Subject only to the provisions of Articles 4.2 and 4.3 of this Agreement, it is agreed that
Gerard Dalton shall immediately notify Robert Garofalo, Chief of Police, whenever any school
employee in the course of his or her employment, pursuant to N.J.A.C. 6A:16-5.5 and 6.3(b),
develops reason to believe that a firearm has unlawfully been brought onto school grounds, or
that any student or other person is in unlawful possession of a firearm, whether on or off school
grounds, or that any student or other person has committed an offense with, or while in

possession of, a firearm, whether or not such offense was committed on school grounds.

 

 

 

 

   

25

========= Page 0026 =========

 

Whenever a school employee seizes or comes upon any firearm or dangerous weapon,
school officials may in the case of a dangerous weapon other than a firearm, and shall in the case
of (1) a firearm, (2) ammunition for a firearm, or (3) a non-firearm weapon that was actually
used or threatened to be used in committing an offense, immediately advise Robert Garofalo,
Chief of Police and secure the firearm, ammunition or weapon pending the response by the West
Windsor Police Department to retrieve and take custody of the firearm, armmunition or dangerous
weapon, pursuant to N.J.A.C. 6A:16-6.2(b)8 and 6.4. School employees having custody of a
firearm, ammunition or dangerous weapon shall take reasonable precautions, per local board of
education procedures, to prevent its theft, destruction or unlawful use by any person. It is
understood and agreed that under no circumstances shall any person destroy or otherwise dispose
of any seized or discovered firearm, ammunition or non-firearm weapon except by turning over

% C88, bBo
such firearm, ammunition or non-firearm weapon to the responding police officer.

 

 

   

 

 

 

   

  

 

48. Law Enforcer feferrails.

   

ient Response to Mandatory «

 

 

The West Windsor Police Department receiving information about the existence of an
unlawful firearm on school grounds or the actual or threatened use of a non-firearm deadly
weapon pursuant to Article 4.7 of this Agreement shail immediately dispatch an officer to take
custody and secure the firearm or other weapon. Except as may be specifically provided in
Articles 4.2 and 4.3 of this Agreement, school officials shall provide to the responding law
enforcement officer information necessary to establish the chain of custody and the
circumstances of the seizure or discovery of the firearm or other weapon, including the identity

of any person(s) from whom the firearm or other weapon was obtained.

 

 

 

       

interdiction of Weapons.

It is understood and agreed that the West Windsor Police Department shall make every
reasonable effort to effect the arrest of any student believed to be in the unlawful possession of a
firearm or other dangerous weapon while the student is not on school grounds, to prevent
whenever possible the bringing of such firearm or weapon onto school grounds. When this is not
feasible, the West Windsor Police Department shall scrupulously comply with the notification
requirements for planned arrests as set forth in Article 7.4 of this Agreement.

 

        

 

     

4.10. Requirement to Report q Planned or Threatened Violence.
Notwithstanding any other provision of this Agreement, it is agreed that Gerard Dalton
shall immediately notify West Windsor Police Department whenever any school employee in the

course of his or her employment develops reason to believe that anyone has threatened, is
planning, or otherwise intends to cause death, serious bodily injury, or significant bodily injury
to another person under circumstances in which a reasonable person would believe that the
person genuinely intends at some time in the future to commit the violent act or to carry out the

 

26

========= Page 0027 =========

threat, pursuant to N.LA.C. 6A:16-6.3(c) through (e). In making these determinations, the
school official should reference the risk management and assessment tools explained in the
NJDOE publication titled School Safety and Security Manual: Best Practices Guidelines. The
school official shall provide to the responding law enforcement agency all known information
relevant to the threat, including but not limited to any historical or background information
concerning the person’s behavior or state of mind. For the purposes of this reporting
requirement, the threatened or planned act of violence need not be imminent, and the intended
victim of the violent act need not be aware of the threat. Nor shall it be relevant for the purposes
of this reporting requirement that the intended victim is not a student or member of the school
community, or that the violent act is not intended to be committed on school grounds. The parties
to this Agreement understand and agree that students who make a credible threat of harm to
themselves or others should be taken seriously. Accordingly, the provisions of this paragraph
shall be liberally construed with a view toward preventing future acts of violence.

 

 

 

 

4.17. Violence intervention.

The West Windsor Police Department receiving information about a threatened, planned,
or intended act of violence pursuant to Article 4.10 of this Agreement agrees to promptly
dispatch an officer, or immediately dispatch an officer where the circumstances so warrant, to
undertake an investigation and to take such actions as may be appropriate and necessary to
prevent the threatened, planned, or intended act of violence from occurring.

 

 

4.12. Requirement to Report $

 

Subject only to the provisions of Article 4.2 and 4.3 of this Agreement, it is agreed that
Gerard Dalton shall immediately notify Robert Garofalo, Chief of Police whenever any schoo!
employee in the course of his or her employment develops reason to believe that a crime
involving sexual penetration or criminal sexual contact has been committed on school grounds,
pursuant to N.J.A.C. 6A4:16-6.3(@).

 

 

 

========= Page 0028 =========

Subject to the provisions of Articles 4.2 and 4.3 of this Agreement, it is agreed that
Gerard Dalton should notify Robert Garofalo, Chief of Police whenever any school employee
develops reason to believe that a criminal offense has been committed on or against school
grounds. In deciding whether to refer the matter to the designated law enforcement agency, the
principal of the school or his or her designee should consider the nature and seriousness of the
offense and the risk that the offense posed to the health or safety of other students, school
employees, or the general public and shall be mindful that offenses committed on school grounds
by or against students may lead to an escalation of violence or retaliation that may occur on
school grounds or at other locations. Under no circumstances shall any school employee prevent
or discourage the victim of an offense from reporting the offense to a law enforcement agency.

 

 

In deciding whether to report the presence or seizure of a non-firearm weapon that was
not actually used or threatened to be used in committing an assault or other offense, Gerard
Dalton shall consider the nature of the weapon and any lawful purposes that it might have, the
age of the student, and the student’s intent. While it is generally not necessary to report the
seizure of small pen knives or Swiss-Army style knives, it is understood and agreed that law
enforcement shall be notified of the seizure of any switchblade, gravity, or ballistic knife, stun
gun, or metal knuckles. It is further understood and agreed that school officials shall report the
seizure of a utility or “box-cutter” knife where the unlawful use of such knives as weapons is a
serious problem in the school and where the student has no explainable lawful purpose for
possessing such an instrument.

 

 

 

 

 

 

w Enforcement Response to Voluntary Referrals.

 

 

The West Windsor Police Department receiving information about the commi
offense pursuant to Article 4.6 of this Agreement shall respond promptly and, when there is
probable cause to believe that an offense has been committed, shall handle the matter in
accordance with the provisions of the Attorney General's Executive Directive 1990-1 Concerning
the Handling of Juvenile Matters by Police and Prosecutors. Except as may be specifically
provided in Articles 4.2 and 4.3 of this Agreement, school officials should, in the absence of
compelling reasons, provide the responding law enforcement officer information necessary to
establish the chain of custody and the circumstances of the seizure or discovery of any dangerous
weapon or item, other than a firearm or other weapon dealt with in Article 4.8 of this Agreement
or a controlled dangerous substance or drug paraphernalia dealt with in Article 4.5 of this
Agreement, which was or may have been unlawfully possessed or used in connection with or
derived from criminal activity. Nothing in this paragraph shall be construed in any way to
authorize or require a referral or transmittal of any information or records in the possession of a
school-based substance abuse counseling or treatment program and obtained in the course of
providing diagnosis or treatment where such referral or transmittal would constitute a violation
of federal or state confidentiality laws or regulations, and such information and/or records shall
be strictly safeguarded in accordance with such applicable federal and state laws and regulations.

 

   

 

28

========= Page 0029 =========

 

It is understood and agreed that the arrest protocols set forth in Article 7 of this
Agreement, which are designed to minimize the disruption of the school environment, shall be
followed whenever a student is to be arrested on school grounds for any offense, including
offenses which do not involve controlled dangerous substances or drug paraphernalia. Similarly,
it is understood and agreed that the notification procedures set forth in Article 6 of this
Agreement shall be followed whenever a student or non-student is arrested on school grounds, or
whenever a student is arrested off school grounds during operating school hours for a violation
of any criminal statute, including an offense which does not involve controlled dangerous
substances or drug paraphernalia. It also is understood and agreed that the West Windsor Police
Department shall at all times comply with the patrol notification and on-site reporting procedures
set forth in Articles 3.4.2 and 3.4.3 of this Agreement, whether the purpose of the law
enforcement entry onto school grounds, is to enforce the Comprehensive Drug Reform Act or
any other criminal statute.

 

4.76,

     

Advice on Juvenile Justice System Practices and Procedures.

Robert Garofalo, Chief of Police, and the county prosecutor shall be available on an
ongoing basis to explain to school officials the practices and procedures of the juvenile justice
system with respect to the handling of juveniles suspected of, or formally charged with, acts of
delinquency. The Robert Garofalo, Chief of Police, and the county prosecutor also shall provide,
on an ongoing basis, information concerning the services and resources available through the
Juvenile Justice System to deal with delinquent or at-risk youth and families in crisis, including
stationhouse adjustments, referrals to Juvenile Conference Committees, Juvenile-Family Crisis
Intervention Units, and other pre-adjudication diversion programs, intervention services, and
post-adjudication disposition options that are available in the county.

 

   

4.47. Acvice on Weapons.

It is understood that new weapons have evolved and proliferated that are readily
concealable and easily disguised. For example, dangerous knives can be disguised as belt
buckles and other seemingly innocuous items. Accordingly, the West Windsor Police
Department and the county prosecutor shall be available on an ongoing basis to provide school
officials with information and advice about such weapons and their prevalence in the district or
in the county so that they may be readily identified by school officials.

 

eS.

 

meveracg

 

It is understood that it is unlawful for a person under the age of 21 to purchase or
knowingly consume an alcoholic beverage on school grounds. See N.J.S.A. 2C:33-15 and

29

========= Page 0030 =========

N.LA.C. 6A:16-4 et seq. So too, it is an offense for an adult to bring or possess an alcoholic
beverage on school grounds without the express written permission of the school board, chief
school administrator or building principal. See N.JLS.A. 2C:33-16. It is agreed and understood
that these statutes are designed to protect children and the educational environment and that
violations of these statutes should be deemed to be serious matters and may be reported to law
enforcement, and shall warrant immediate response by law enforcement authorities in
accordance with the provisions of this Agreement. Where appropriate, the law enforcement
agency or the county prosecutor may elect to forego formal charging prosecution in favor of
pursuing school disciplinary proceedings, pursuant to N.J.A.C. 6A:16-7.1, or other appropriate
juvenile justice alternatives, including, but not lumited to, a “stationhouse adjustment.”

 

  

New Jersey statutes (N.ILS.A. 18A:36-25 and 9:6-8.10) require reporting by school
officials of a potential missing or abused child to law enforcement officials and Child
Protection and Permanency (CP&P), New Jersey Department of Children and Families (DCF), as
set forth below.

4.19.1

 

eports of Child Abuse or Neglect to CP&P.

Any person having reasonable cause to believe that a student has been subjected to child
abuse or neglect must immediately report the matter to CP&P by telephone or otherwise,
pursuant to N.J.S.A. 9:6-8.10 and N.LA.C. 6A:16-11.1(a)2. The CP&P Child Abuse Hotline is to
be contacted at 1-877-NJABUSE.

4.19.2. Notification to Law Enforcement.

Notification of a potential missing or abused or neglected student also must be made to
law enforcement officials by the person who is designated to report child abuse cases on behalf
of the school district, such as the chief school administrator, principal, assistant principal or other
designated school official, in accordance with N.J.S.A. 18A:36-25 and N.LA.C. 6A:16-11.1(a)3.
Each school district may establish individual procedures for the notification. It is not necessary
for the same person to contact law enforcement and CP&P. It is only required that both
notifications are made.

 

4.19.3. Notification of CP&P by Law Enforcement.

Pursuant to the DCF/Law Enforcement Model Coordinated Response Protocol
promulgated February 2007 by the Attorney General and the Commissioner of the Department of
Children and Families, a law enforcement agency receiving a report of child abuse from the
designated school official, need not notify the CP&P hotline when the school official confirms
that the CP&P hotline has been contacted by school staff.

   

30

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4.19.4. Law Enforcement Response.

The law enforcement agency receiving a report of child abuse or a potential missing child
shall respond in accordance with the policies established by their County Prosecutor’s Office.

4.19.5. Notification of Parents or Guardians.

Notification to the student’s parents or guardians shall met be made by school officials
when it is suspected that either parent or guardian is responsible for the suspected abuse. Law
enforcement officials do not need the permission of a parent or guardian to speak to any student
who is not the target of an investigation. It is the sole responsibility of law enforcement officials
to determine when or whether a parent of any student shall be contacted. Failure to follow this

procedure may compromise the integrity of an investigation and place the child at risk.

 

4.19.6 Anonyn 3 ity.

 

Individuals who report abuse may or may not be entitled to anonymity. While CP&P
allows anonymous child abuse reporting for the general public, school staff may not be entitled
to anonymity for these reports. Furthermore, there is no anonymity when incidents are reported

to law entorcement authorities.

 

4.19.7. Custody Disputes and Potentially Missing Children.

It is recognized by all parties to this agreement that custody disputes between parents
often have a detrimental effect upon the children. Sudden requests for school records
accompanied by suspicious absences should result in a heightened scrutiny within the school.
Therefore, to the extent that a referral to law enforcement will not violate student record
confidentiality, if it comes to the attention of a school administrator that the absence of a child
from school may be due to a parental kidnapping or custodial interference, the school
administrator shall immediately contact law enforcement authorities. Concerns that a child may
be unlawfully removed from the jurisdiction should be immediately brought to the attention of
local law enforcement officials.

   

 

  

4.20 Offenses involving Computers, the Internet and

 

4.20.1. P

 

urpose.

Computerized devices such as cell phones, smart phones, digital cameras, PDAs, laptop
computers and desktop computers have become a part of our daily lives. The growth of the
Internet and local computer networks makes information and communication immediately
accessible. However, access to this technology and information potentially can be used for
harmful purposes that can cause great disruption in a school. In 2003, a series of laws were
passed allowing for the prosecution of new crimes, such as unauthorized computer access and

 

 

   

 

31

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damage which such access may cause. In addition, digital cameras, digital photos, digital videos,
cell phones, e-mail and the Internet are increasingly used to commit crimes. The purpose of this
section of the Agreement is to recognize some of the areas where law enforcement and
educational professionals should cooperate to ensure a unified response to the illicit and harmful
use of technology by students, teachers, administrators and other school staff. These areas
include:

 

1) Unauthorized access to school networks.

2) Harassment and threats via electronic media.

3) Use of technology to facilitate other crimes.

4) Blogging (free speech).

5) Limitation of electronic devices, such as cell phones, pagers and cameras, on school
grounds.

4.20.2. Unauthorized Access to School Networks,

Electronic Media, and the Use of Technology

 

Harassment and Threats via
to Facilitate other Crimes.

   

Existing criminal statutes address all three of these issues. Unauthorized access to school
networks is a prosecutable offense under N.J.S.A. 2C:20-23 et seq. Any damage to the network
may result in more severe penalties. School officials may consider unauthorized accessing of a
school network to be an internal matter and not advise law enforcement authorities. However,
law enforcement personnel are specially trained in forensic computer analysis. The ability to
accurately assess the level of intrusion into a computer system is best handled by law
enforcement professionals. Often the significance of an attack on the integrity of a school
computer network can extend into the community. The ability of law enforcement to quantity
any unauthorized use or access can bring peace of mind to concerned citizens in the community.
Accordingly, notification should be made to law enforcement immediately upon learning of
unauthorized access.

   

 

 

   

   

In addition to accessing computer systems, it has unfortt
juveniles to utilize electronic forms of communication to harass and threaten other students or
individuals. The mere fact that the communication is in electronic form, rather than oral or
written form is irrelevant. School personnel should be guided by the reporting obligations
elsewhere in this agreement. School personnel should be mindful of the fact that forensic
computer analysis of an individual computer or network can result in valuable evidence for an
investigation. Therefore, when notification to law enforcement is appropriate, the entirety of the
investigation should be conducted by law enforcement so as not to compromise the integrity of
potential evidence.

nately become commonplace for

 

 

Finally, computers and other forms of current and emerging technology may be used to
facilitate other criminal activity. Financial information, identifying information and illicit
images may all be contained on a suspect’s computer. Therefore, it is vital that law enforcement
be notified immediately when a school learns that a juvenile may be using a computer to violate
the law. Similarly, cell phones, smart phones, tablets, PDAs and other electronic comm unication

 

 

 

32

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devices should be tured over to the police, not parents, when the school comes into possession
of items which they suspect may contain evidence of criminal behavior.

4.20.3.

 

Slogging and Free Speech Issues.

The creation of a “web-log” or “blog” is a current trend for many individuals using the
Internet. A blog is personal space on the world-wide-web devoted to a particular topic. Often a
single individual authors a blog, or as is becoming more common, access to the blog is ‘open’
and anyone may post an entry. Blogging is not limited to text, and information which can be
stored electronically may be placed in a blog: music, photos and videos, for example, all can
become part of a blog.

There are many free blog sites available for use by anyone with Internet access.
Registration requirements are often loose and potentially ineffective. Blogs have become a
public forum for many people, including students, to post a variety of personal information,
including biographical information, opinion, media, and insulting or harassing speech.

Law enforcement officials, while vigilant in the pursuit of criminal activity, are often
faced with the issue of “free speech” under the Federal and New Jersey Constitutions.
Prosecution of individuals who harass or threaten specific groups or individuals is
commonplace. However, law enforcement may be unable to prosecute those who merely publish
an opinion or a photograph. School personnel as well as students often are the target of
information contained in blogs. Whenever a school administrator learns of blogging information
which rises to the level of threats or harassment, the school official shall immediately notify law
enforcement. Law enforcement authorities have the ability to preserve evidence before the
author has an opportunity to alter it. If such information is brought to the attention of law
enforcement, a legal determination will be made on whether the information contained in the
blog is constitutionally protected and whether it is criminal in nature.

 

 

 

     

Articie 5. School Access to Law Enforcement Information.

    

 

New Jersey’s juvenile confidentiality laws were amended by P.L. 1994, c. 56 to make it
easier for law enforcement agencies to share information with schools. The revised law provides
for three categories of disclosure to schools as follows: (1) permissive disclosure during an
investigation (N.J.S.A. 2A:4A-60e); (2) disclosure following a charge at the principal’s request
(NLES.A. 2A:44-60c(3)); and (3) required disclosure following a charge in certain circumstances
(N.JS.A, 2A:4A-60d). In addition, a law enforcement agency is authorized to disclose certain
information to the victim of an offense committed by a juvenile. Pursuant to N.J.A.C. 6A:16-5.4,
the board of education confirms its obligation to adopt and implement policies and procedures

 

 

 

tahed
Saheb

========= Page 0034 =========

protecting the access to information related to juvenile justice proceedings, according to the
requirements of N.US.A. 2A:4A-60.

The revised law permits law enforcement or prosecuting agencies to disclose information
regarding juveniles who are under investigation when that information may be useful in
maintaining order, safety, or discipline in the school or in planning programs relevant to the
juvenile’s educational and social development. This information may then be shared by the
principal with appropriate school staff, provided, however, that where the information relates
only to an investigation, and where no formal charges have been filed against the student, the
statute prohibits this pre-charge information from being maintained by school officiais.
Accordingly, this information should be provided orally by law enforcement officers, rather than

in writing, so as to avoid inadvertent retention or disclosure of such information.

 

The revised law further contains a provision that authorizes a principal to request
information concerning juvenile delinquency charges that have been filed against a student
enrolled in the school. These requests may either be made on a case-by-case basis or in
accordance with procedures that could be agreed to as part of this Agreement.

{Optional: Pursuant to § 5.2 of this Agreement, the (law enforcement agency) hereby agrees
automatically to disclose to the principal this information regarding any juvenile delinquency
charge filed against any student enrolled in the school. 4]

Law enforcement and prosecuting agencies are required to advise the principal of the
schoo! where the student is enrolled when:

e the offense occurred on school grounds or was comur
of the school;

 

litted against an employee or official

e the juvenile was taken into custody as a result of information or evidence provided by
school officials, whether or not on school grounds;

e the offense, if committed by an adult, would constitute a crime, and the offense:

resulted in death or serious bodily injury, or involved an attempt or conspiracy
to cause death or serious bodily injury;

involved the unlawful use or possession of a firearm or other weapon;
involved the unlawful manufacture, distribution, or possession with intent to
distribute a controlled dangerous substance or controlled substance analog;
was committed by a juvenile who acted with a purpose to intimidate an
individual or group of individuals because of race, color, religion, sexual
orientation, or ethnicity; or

constitutes a crime of the first, second, or third degree.

 

*This provision is optional. The parties to the Agreement may delete this sentence or may modify
it to limit the “blanket” request to specified delinquency charges.

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========= Page 0035 =========

NSA. 2ZA:4A-60d

3.2.

    

Agreement to Disclose information Followi

 

Where a juvenile has been charged with an act of delinquency that if committed by an
adult would constitute a crime or offense, it is requested and agreed, pursuant to the authority of
NSA. 2ZA:‘4A-60c(1) and (3) that the West Windsor Police Department or County Prosecutor’s
Office shall promptly provide information as to the identity of the juvenile, the offense charged,
the adjudication and the disposition to (1) the principal of any school that is the victim of the
offense; (2) the principal of any school that employs the victim of the offense; and (3) the
principal of any school where the juvenile is enrolled.

 

 

3.3. Agreement to Disclose Information During an Investigation.

Pursuant to the authority of N.JS.A. 2A:4A-60e, the West Windsor Police Department
and/or the County Prosecutor’s Office agree(s) to notify verbally the principal of the school at
which the juvenile is enrolled where the juvenile is under investigation or has been taken into
custody but has not been formally charged with the commission of any act that would constitute
an offense 1f committed by an adult, provided that the West Windsor Police Department or the
County Prosecutor’s Office determines that the information may be useful in maintaining order,
safety, or discipline in the school or in planning programs relevant to the juvenile’s educational
and social development, and further provided that the sharing of information will not interfere
with or jeopardize an ongoing investigation or prosecution of any person. It is understood and
agreed that the information provided pursuant to this paragraph shall be provided orally rather
than in writing, will be kept confidential, shall not be maintained by the school as part of the
yuvenile’s student records, and shall be used only in accordance with the provisions of N.J.S.A.
2A:4A-60e to maintain order, safety, or discipline in the school or in planning programs relevant
to the juvenile’s educational and social development. Nothing herein shall be construed to
preclude school officials from using such information in a suspension, expulsion, or other school
conduct proceeding, pursuant to N.LA.C. 6A:16-7.1, whether occurring on or away from school
grounds, pursuant to N.LLA.C. 6A:16-7.5.

 

 

 

 

5.4. Specificity of Disclosed information.

It is understood and agreed that where the West Windsor Police Department and/or
County Prosecutor’s Office is authorized, pursuant to law and the provisions of this Agreement
to disclose information concerning charged or suspected acts of delinquency, the law
enforcement agency may provide the principal with specific information concerning the offense
or investigation, as appropriate, that may be useful in maintaining order, safety, or discipline in
the school or in planning programs relevant to the yuvenile’s educational and social development.
Such information may include but need not be limited to: (1) the specific type of drug found as

 

35

========= Page 0036 =========

determined by field tests and/or laboratory analysis; (2) the amount, purity, and value of the drug
found: (3) how the drug was packaged; (4) whether cash was found or whether there were
indications that the drug was intended to be sold or distributed; (5) where precisely the drug or
other contraband was found; (6) what type of weapon was found; (7) whether a seized firearm
was operable or loaded; or 8) whether the suspected offense involved or was directed at another
enrolled student. It is understood and agreed that it is especially important for law enforcement
agencies to promptly share information as may be authorized by law concerning the identity of a
victim who is enrolled at the same school as the juvenile charged with or suspected of
committing the offense so that school officials can take appropriate steps to protect the victim
from further attack, to enforce a restraining order or condition of probation or pre-trial release
that the juvenile have no contact with the victim, or to prevent retaliation or an escalation of
violence.

 

 

Disclosure of Ac cent information.

 

 

Where a student who has been arrested or is under investigation is 18 years old or older,
or otherwise is being treated as an adult by the criminal justice system, the West Windsor Police
Department and/or the County Prosecutor’s Office agrees to provide to the principal of the
school at which the student is enrolled all information that would otherwise be provided pursuant
to the provisions of Articles 5.1, 5.2, 5.3, and 5.4 of this Agreement.

Student Conduct Hearings;

 

The West Windsor Police Department agrees, upon the request of Gerard Dalton to make
available officer(s) to testify as appropriate in any suspension or expulsion hearing before the
board of education, pursuant to N.J.S.A. 18A:37.1 et seq. and N.LA.C, 6A:16-7.1 et seéq., or
other appropriate school authority as may be necessary to satisfy the due process rights of a
student subject to school discipline, provided, however, that it is understood and agreed that any
information provided by means of such testimony shall not be made public but rather shall be
kept confidential in accordance with the requirements of N.JS.A. 2A:4A-60, and further
provided that the County Prosecutor’s Office shall be given prior notification and a righ
preclude the giving of such testimony where the testimony may interfere with or jeopardize any
ongoing investigation or prosecution of any person.

 

        

Student Conduct Proceedi

 

========= Page 0037 =========

It is understood and agreed that school officials have an independent right and
responsibility to initiate and pursue student conduct proceedings, pursuant to N.J.S.A. 18A:37.1
et seq. and NJ.A.C. 6A:16-7.1 et seg., or to remove a student from school under certain
circumstances including, but not limited to, those specified in the “Zero Tolerance for Guns
Act,” NJUS.A. 18A:37-7 through 12 and N.LA.C. 6A:16-5.5, 5.6, 5.7 and N.J.A.C. 6A:7. It is
further understood and agreed that all school-based student conduct proceedings are separate and
distinct from any juvenile or adult criminal prosecution; that law enforcement agencies shall not
require or request school officials to undertake a student conduct action against a student; and
that the imposition of sanctions by both schools and by the juvenile justice system based upon a
single infraction or event in no way constitutes “double jeopardy.”

 

 

5.8. Notification of Arrests or Charges Filed Against School Personnel.

 

The parties acknowledge that procedures already are in place that require prosecutors to
provide notifications of indictments or convictions of public employees to the Division of
Criminal Justice, which are then transmitted to the appropriate public agency. However, no
notifications are required during the period between the filing of a complaint and an indictment,
creating a period of time during which school administrators may be unaware of charges pending
against school personnel, which may have an impact on their fitness for carrying out official
duties. Therefore, it is agreed that whenever a law enforcement agency files a complaint or
summons for one of the offenses listed in Article 5.8.3 below against a person that they know to
be employed by a school district, or who works as a school bus driver or other outside employee
in a school district, the law enforcement agency shall provide notice and a copy of the complaint
to the school district no later than the next business day.

 

 

5.8.1. Applicability Not Limited te Local Jurisdiction.

 

The requirement to notify a school district of such complaints is not limited to the school
district in which the law enforcement agency is located. Notice shall be given to any school
district or nonpublic school within the state of New Jersey where the accused is employed.

5.8.2. Employment Information.

This requirement does not create an obligation to investigate or verify the employment of
every person arrested or charged with an offense. It is intended only to require the notification in
circumstances where the accused admits to employment in a school district or nonpublic school,
or such information is otherwise available to the law enforcement agency.

 

5.8.3 Offenses Requiring Notification.

Vong

========= Page 0038 =========

Notification is required for all indictable offenses, all driving while intoxicated (DWI)
offenses and any disorderly persons offenses or petty disorderly persons offenses.

* 8.4 Notification of im

 

ergencies.

 

Whenever local law enforcement is aware of an emergency affecting the safety of
children during school hours, the Chief of Police or Station Commander or designee shall notify
the principal of the school affected as soon as practicable. Law enforcement will provide all
appropriate non-confidential information so that the principal can take necessary steps for the
protection of students, staff and notification to parents. The Chief of Police or Station
Commander shall attempt to provide, as practicable, the school principal and executive county
superintendent, or his or her designee, with updated information throughout the duration of the
emergency, and will provide notification when the emergency is over.

 

 

mecutive C

   

5.9 Notification to! ounty Superintencent.

The Chief of Police or Station Commander will, at his or her discretion, notify the
executive county superintendent of schools, or his or her designee. This notification will contain
a recommendation on which additional schools should be notified by the executive county
superintendent’s office. The executive county superintendent shall decide which, if any,

additional schools to notify, and shall make the appropriate notifications.

 

 

 

 

     

Article 6. Notice of Arrests.

 

     

Arrests of Students on School Grounds.

 

 

Whenever a student has been arrested on school grounds, the law enforcement officer or
agency involved shall, as soon as practicable, notify the building principal. Whenever possible,
such notice shall be given before the student has been taken off school grounds. Wh
student is a juvenile, all information concerning the circumstances of the arrest shall be provided
to the building principal on a confidential basis and in accordance with the provisions of N_JS.A.
2A:4A-60d(3). See Article 5.1 of this Agreement for a synopsis of those laws.

 

 

 

 

Arrests of Non-S

 

 

Where a person other than an enrolled student is arrested on school grounds, the building
principal shall be advised as to the circumstances of the offense and the identity of the offender,
provided that where the person arrested is a juvenile, it is understood that the law enforcement
agency or officer involved is not permitted to divulge any information that would violate the

38

========= Page 0039 =========

laws governing the disclosure of juvenile information. See Article 5.1 of this Agreement for a
synopsis of those laws.

6.3. Arrests of Students Of Sch q Operating Scnool ours.

   

 

When a student is arrested off school grounds during operating school hours, or under
circumstances that would lead the arresting officer to believe that a school official was
responsible for the care and custody of the student at the time of the arrest, or where the arresting
officer reasonably believes that the student was in transit between school and his home at the
time of arrest, the arresting officer shall, as soon as practicable, notify the building principal of
the school in which the student is enrolled. All information concerning the basis and
circumstances of the arrest shall be provided to the building principal on a confidential basis and
in accordance with the provisions of N.I.S.A. 2A:4A-60, as summarized in Article 5.1 of this
Agreement.

 

6.4. Parental Notification.

 

When the building principal is advised of a student’s arrest, pursuant to the provisions of
this Agreement, the principal or his or her designee will, as soon as practicable, and in
accordance with N.L.A.C. 6A:16-6.2(b)3 and 11 and the associated board of education policies
and procedures regarding parental notification, contact a parent or guardian of the student. It is
understood that the law enforcement agency making the arrest also is required to attempt to

contact the student’s parent or guardian pursuant to N.JLS.A. 2A:4A-33.

  

 

It is agreed that Gerard Dalton shall at the request of the West Windsor Police
Department and/or the County Prosecutor’s Office provide information concerning the efforts by
the principal or school staff to contact and notify the student’s parent(s) or guardian.

 

 

 

    

rotocols.

 

For the purpose of this Agreement, the term “arrest” shall include the taking into custody
of a juvenile for any offense which if committed by an adult would constitute a crime or
disorderly persons offense.

 

Froos

 

========= Page 0040 =========

All requests by any school official to summon a law enforcement officer for the purpose
of making an arrest on school grounds, pursuant to N.JLA.C. 6A:16-6.2(b)2 and 9, whether for a
suspected violation of the Comprehensive Drug Reform Act or for a suspected violation of any
other criminal statute, should be directed to Robert Garofalo, Chief of Police. Nothing herein
shall be construed in any way to preclude or discourage any person from dialing “9-1-1" to
report an emergency.

 

     

option of the Educational Process.

It shall be the general policy of West Windsor Police Department when making any arrest
on school grounds to minimize the disruption of the school environment to the greatest extent
possible, consistent with the requirements of public safety. Accordingly, substantial weight shall
be given by the law enforcement officer assigned to make the arrest to the specific
recommendations of the building principal or local chief school administrator as to the time,
place, and manner for effecting the arrest.

 

7.2.1. Arrests to be Conducted in Private.
So as to minimize any disruption of the educational environment, every reasonable effort
should be made to effect the arrest in the building principal's office, or in some other designated

area away from the general student population.

79.3. Preferred Use of Plainclothes Officers to Effect Arrest.

 

Where feasible, the responding law enforcement officer(s) should be in plainclothes, use
unmarked police vehicle(s) and refrain from using a siren or flashing overhead lights. In
addition, the number of responding officers should be kept to a minimum, consistent with the
requirements of public safety.

7.2.3. Cooperation with Arrests on School Property.

 

It is understood and agreed that school officials shall cooperate with law enforcement
officials and shall not provide sanctuary from arrest to any person, and that school officials shall
not interfere with or impede any law enforcement officer in the performance of his or her duties.

 

 

4)

========= Page 0041 =========

 

In cases in which a law enforcement agency responds during operating school hours to a
suspected offense reported by someone other than the building principal or local chief school
administrator, or where a law enforcement officer observes the occurrence of an offense on
school grounds during operating school hours which would justify a warrantless arrest, or where
a person subject to arrest retreats onto school grounds during operating school hours, the
arresting law enforcement officer shall notify the building principal as soon as it is practical to do
so. Where the arrest involves a student enrolled in the school, the building principal shall,
wherever feasible, be notified before the student is taken from school grounds.

 

Tadedes

  

Vimnimizing Disruption.

 

When effecting any spontaneous arrest on school grounds during operating school hours,
every reasonable precaution shall be taken to minimize the disruption of the school environment
to the greatest extent possible, consistent with the requirements of public safety.

 

 

 

Whenever a planned arrest is to occur on school grounds, the building principal or local
chief school administrator shall be advised and consulted before the arrest occurs.

 

 

 

 

 

Recent tragic events in the nation’s schools highlight the need for developing and
maintaining up-to-date school-based safety and security plans for responding fo crisis situations
involving all-hazards, such as natural, technological, manmade, biological and student culture
and climate. The district’s school safety and security plans should include protocols and
procedures for quickly communicating to staff, students, parents, and emergency responders that
a crisis situation exists. In addition, procedures for minimizing the risk of physical harm to
students and staff should be initiated to reduce their exposure to any hazards. Just as it is
necessary to establish protocols for responding to emergencies that require prompt and orderly
actions, such as fires (see N.J.S.A. 18A:41-1), so too it is required to conduct monthly security
drills, such as non-fire evacuations, bomb threats, lockdown, and active shooter (see N.J.S.A.
18A:41-6), to exercise plans that test the procedures and minimize exposure to hazardous
situations, both from within and outside school facilities. It is understood and agreed that the
parties to this Agreement shall, during the course of the conference convened, pursuant to Article
13, discuss issues and concerns regarding school safety and security plans, pursuant to N.J.A.C.
6A:16-5.1 and Article 13.3 of this Agreement.

 

 

4]

========= Page 0042 =========

8.1.1. Critical Incident Planning.

The parties to this Agreement understand that it is important for school officials and local
police departments and county prosecutors to work together to adopt and implement policies for
dealing with disruptive and potentially catastrophic crisis situations for all hazards, recognizing
that it is essential to consider the most appropriate response to these kinds of situations before a
crisis develops. The comprehensive school safety and security plans, procedures and
mechanisms established by school officials, pursuant to N.LA.C. 6A:16-5.1 and Article 13 of
this Agreement, shall be developed in consultation with law enforcement agencies, emergency
management planners, health and social services provider agencies and school and other
community resources, as appropriate. Pursuant to N.LA.C. 6A:16-5.1(0), the plans, procedures
and mechanisms shall be consistent with the provisions of N.L.A.C, 6A:16-5.1 and the format
and content established by the Domestic Security Preparedness Task Force, pursuant to N.J.S_A.
App. A:9-64 et seq., and the Commissioner of Education (e.g., the Department of Education
confidential publication titled School Safety and Security Manual: Best Practices Guidelines),
and shall be reviewed annually and updated, as appropriate.

 

 

 

 

Additionally, procedures for school lockdown, active shooter, emergency evacuation,
bomb threat, risk and violence assessments, and public information sharing shall be based on the
standard operating procedures (SOPs) developed by the School Security Task Force and issued

by the Attorney General. The model SOPs follow other nationally-recognized standards.

 

8.1.2. Consultation in Development of School Safety and Security Plans GSSPs).

 

It is understood and agreed that, pursuant to Article 13.3 and N.LA.C. 6A:16-5.1(b), the
chief school administrator shall consult with law enforcement agencies, health and social
services provider agencies, emergency management planners, and school and other community
resources, as appropriate in the development and maintenance of the school district’s plans,
procedures and mechanisms for school safety and security to fulfill the requirements of N.J.A.C.
6A:16-5, School Safety and Security.

8.1.3. Format and Contents of SSSPs.

The school safety and security plans, procedures and mechanisms shall be consistent with
the provisions of N.LA.C. 6A: 16- 5. 1. The parties agree that all school safety and security plans
shall include defined communication and decision-making protocols (e.g., Incident Command
System) and the minimum requirements for the format and contents of the plans, as determined
by the Commissioner of Education and the Domestic Security Preparedness Task Force.

 

 

 

214. Annual Review of SSSPs.

========= Page 0043 =========

The chief school administrator shall consult with law enforcement agencies, health and
social service provider agencies, emergency management planners and school and other
community resources, as appropriate, in the review and updating of the school district’s school
safety and security plans, procedures and mechanisms, pursuant to_N.J.A.C. 6A:16-5.1. It is
understood and agreed that law enforcement officials shall, at a minimum, annually review and,
where necessary, provide written comments to the chief school administrator concerning the
required school safety and security plans, pursuant to N.J.A.C. 6A:16-5.1. It is understood and
agreed that the chief school administrator shall, at a minimum, annually submit a copy of the
school district’s school safety and security plans or any important revisions to the plans to law
enforcement officials. The chief school administrator agrees to supply law enforcement officials
with current copies of blueprints and maps of all schools and school grounds. If at any time there
are changes to the blueprints or maps, the chief school administrator agrees to forward revised
copies to law enforcement officials as soon as practicable.

 

 

 

6.1.5. School Staff In

 

“service Training on SSSPs.

 

School officials shall annually consult with law enforcement personnel regarding the in-
service training program required for all district board of education employees, pursuant to
N.LA.C. 6A:16-5.1(d), to enable them to recognize and appropriately respond to safety and
security concerns, including emergencies and crises, consistent with the school district’s plans,
procedures and mechanisms for school safety and security and the provisions of N.J.A.C. 6A:16-
5, School Safety and Security.

 

mentation of Ap O
mmendations.

 

d School Security Task F

  

The parties agree to work together to implement the approved recommendations of the
Governor’s K-12 School Security Task Force. The parties recognize that joint planning, training
and consultation are needed to effectively implement these recommendations. Any Executive
Orders or Directives that are issued as a result of these approved recommendations are hereby
incorporated into this Agreement.

 

 

 

 

$.2.1. Sharing of Vv

 

iodel School Security Policies (

 

ISSP).

The Model School Security Policies for law enforcement agencies issued pursuant to the
Attorney General's Law Enforcement Directive No. 2007-1 on the topics of bomb threats, active
shooter response, school lockdowns, school evacuations and public information policies shall
serve as templates for the development of local law enforcement policies. Local law
enforcement officials shall discuss the policies which they adopt on these topics with school
administrators from the school district or districts within their jurisdiction. It is further
understood that school administrators shall share their procedures for critical incidents,
developed in accordance with the policies issued by the Commissioner of Education, with local

 

oh 38
43

========= Page 0044 =========

law enforcement officials. These procedures shall remain confidential and shall not be shared
with the public.

8.2.2. Joint Training.

Law enforcement and school personnel may participate in joint training on law
enforcement and education school security policies, as needed. Joint training exercises may
include, but are not limited to, natural disasters, bomb threats, lockdown procedures and active
shooters.

 

 

Gang Threat and Recruiting Information.

Law enforcement and school officials agree to engage in ongoing discussions and
training in gang prevention and intervention, as appropriate, regarding gangs that are though
be active in the area, gang recruiting and signs of gang activity or recruiting. School officials
shall inform law enforcement officials of any signs of gang activity or recruiting observed on
school grounds.

 

Se oP

  

Harassment, intimidation, or bullying (HIB) in school settings presents an ongoing
challenge throughout New Jersey. Acts motivated either by any actual or perceived
characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation,
gender identity and expression, or a mental, physical or sensory disability, or by any other
distinguishing characteristic, tear at the fabric of our society, pose grave risks to the physical and
emotional well-being of children, and can quickly lead to retaliation, an escalation of violence
both on and off school grounds, and even suicide. HIB may take a myriad of forms,
encompassing even common activities such as the photographing or recording of one student by
another.

To address this problem, New Jersey enacted the Anti-Bullying Bill of Rights Act (ABR)
on January 5, 2011 (N.LS.A. 18A:37-13 et_seq.). The ABR sets forth standards and procedures
for preventing, reporting, investigating, and responding to incidents of HIB of students that occur
on school grounds, at school-sponsored functions, on school buses, and off school grounds. The
ABR further requires that polices be adopted through a process that includes representation of
parents or guardians, school employees, volunteers, students, administrators and community
representatives (N.LS.A. 18A:37-15a). Upon request by a school district, law enforcement
agencies shall make available a representative to participate in this process (see A rticle 13.6 of
this Agreement).

 

 

   

 

 

The ABR also mandates that New Jersey’s Department of Education aid schools in
complying with the law by revising its model policy and guidance. The Department complied

ad

========= Page 0045 =========

with this requirement by promulgating

 

and on School Buses, available at http://www

 

 

student conduct must include or be consistent with the board of education’s HIB policy.

5.4.1. Stat

The Anti-Bullying Bill of Rights Act sets forth the following definition for HIB (N.J.S.A.

18A:37-14,):

 

utory Definition.

“Harassment, intimidation or bullying” means any gesture, any written,
verbal or physical act, or any electronic communication, whether it be a
single incident or a series of incidents, that is reasonably perceived as
being motivated either by any actual or perceived characteristic, such as
race, color, religion, ancestry, national origin, gender, sexual orientation,
gender identity and expression, or a mental, physical or sensory disability,
or by any other distinguishing characteristic, that takes place on school
property, at any school-sponsored function, on a school bus, or off school
grounds as provided for in section 16 of P.L.2010, ¢.122 (C.18A:37-15.3),
that substantially disrupts or interferes with the orderly operation of the
school or the rights of other students and that:

a.

a reasonable person should know, under the circumstances, will
have the effect of physically or emotionally harming a student or
damaging the student's property, or placing a student in reasonable
fear of physical or emotional harm to his person or damage to his
property,

has the effect of insulting or demeaning any student or group of
students; or

creates a hostile educational environment for the student by
interfering with a student’s education or by severely or pervasively
causing physical or emotional harm to the student.

 

school investigations of HIB must determine whether conduct meets this

definition.

Model Policy and Guidance for Prohibiting
Harassment, Intimidation and Bullying on School Property, at School-Sponsored Functions
.State.nj.us/njded/parents/bully.htm (most recently
revised in April 2011). In 2005, the State Board of Education adopted regulations at N.J.A.C.
6A:16-7.1 regarding codes of student conduct. Pursuant to N.J.A.C. 6A:16-7.1(c)6, the code of

========= Page 0046 =========

 

Significantly, the ABR does not criminalize HIB. In fact, there is no criminal offense for
HIB in the New Jersey Code of Criminal Justice. This creates a potentially confusing
situation: behavior that constitutes HIB may — but does not necessarily —- comprise a
criminal offense under New Jersey law. HIB is criminal only if the underlying conduct
violates a provision of the Code of Criminal Justice. These criminal provisions may
include not only bias intimidation, hazing, and cyber-harassment, which are discussed in
Articles 8.5, 8.6, and 8.7 of this Agreement, but also assault, harassment, threats, robbery,
and sexual offenses.

 

 

8.4.3. Reporting of HIS.

 

8.4.3.1. Reporting of HIB by Law Enforcement to Schools.

In addition to the obligations to share law enforcement information with schools set forth
in Article 5 of this Agreement, the law enforcement agency agrees to notify the principal of the
school at which a student is enrolled when a student or a student’s parent or guardian reports to
the law enforcement agency that a student is the victim of HIB, as defined in the A ABR.

 

    

Such reports are permissible pursuant to the authority of N.J.S.A. 2A:4A-60c, where a
juvenile who is a student has been charged with an offense, or pursuant to N.JLS.A. ZA:4A-606e,
which permits a law enforcement agency to verbally notify the principal of the school at which
the juvenile is enrolled where the juvenile is under investigation or has been taken into custody
but has not been formally charged with the commission of any act that would constitute an
offense if committed by an adult, provided that the information may be useful in maintaining
order, safety, or discipline in the school or in planning programs relevant to the juvenile’s
educational and social development. Such notification also shall be provided when the alleged
offending student is an adult. See Article 5.5 of this Agreement.

 

 

   

8.4. 3.ze Ie

 

HIB by Schools to Law Enforcement.

As set forth in Article 8.4.2 of this Agreement, HIB does not by itself constitute a
criminal offense. Accordingly, there is no obligation on the part of school personnel to report
HIB investigations to a law enforcement agency unless the conduct also constitutes an offense
under New Jersey’s Code of Criminal Justice. Offenses must be reported to law enforcement if
they qualify as mandatory referrals, as set forth under Article 4 of this Agreement. hese
mandatory referrals include: (1) whenever any school employee has reason to believe a violation
of the Comprehensive Drug Reform Act has occurred; (2) whenever any school employee in the
course of his or her employm
believe that a firearm has unlawfully been brought onto school grounds, or that any student or
other person is in unlawful possession of a firearm, whether on or off school grounds, or that any
student or other person has committed an offense with, or while in possession of, a firearm
whether or not such offense was committed on school grounds; (3) whenever any school

 

 

 

   

46

========= Page 0047 =========

employee in the course of his or her employment develops reason to believe that anyone has
threatened, is planning, or otherwise intends to cause death, serious bodily injury, or significant
bodily injury to another person under circumstances in which a reasonable person would believe
that the person genuinely intends at some time in the future to commit the violent act or to carry
out the threat, pursuant to N.J.A.C. 6A:16-6.3(c) through (e); and (4) whenever any school
employee in the course of his or her employment develops reason to believe that a crime
involving sexual penetration or criminal sexual contact has been committed on school grounds,
or by or against a student during school operating hours or during school-related functions or
activities, pursuant to N.LA.C, 6A:16-6.3(d).

   

 

 

It is strongly encouraged that other offenses be reported to law enforcement, pursuant to
the voluntary referral provisions of Article 4.13 of this Agreement. An HIB event that occurs in
school on a Friday can precipitate another event outside of school on a Saturday. When making
mandatory or voluntary referrals, school officials agree to indicate any suspicions or evidence
that the conduct was gang-related.

 

Victims of HIB also should be informed that they may report an alleged offense to the
appropriate law enforcement agency; however, school officials should avoid expressing any
opinion to victims as to whether the alleged conduct constitutes an offense under the Code of
Criminal Justice. Under no circumstances shall any school employee prevent or discourage the
victim of an offense from reporting the offense to a law enforcement agency.

8.4.3.3. Reporting of HIB

     

to Division on Civil Rights.

Incidents of HIB in schools may also implicate the New Jersey Law Against
Discrimination if a school district’s failure to reasonably address HIB has the effect of denying
to a student any of a school's accommodations, advantages, facilities or privileges based on race,
creed, color, national origin, nationality, ancestry, sex, pregnancy, marital status, domestic
partnership or civil union status, affectional or sexual orientation, gender identity or expression,
and mental or physical disability, perceived disability, and AIDS and HIV status. If law
enforcement or school officials believe that conduct may violate the New Jersey Law Against
Discrimination, they may voluntarily report a potential violation by calling the New Jersey
Division on Civil Rights at 973-648-4817.

 

8.4.4. Preservation of Evidence and Chain of Custody.

 

Whenever a school official receives from school employees or directly seizes a
document, an electronic device or any other item that the official believes may contain evidence
of HIB, reasonable precautions shall be taken to prevent its theft, destruction or unlawful use by
any person. It is understood and agreed that under no circumstances shall any person alter,
destroy or otherwise dispose of any such evidence. Such evidence shall be maintained in a
locked and secure location and the handling of such evidence shall be documented in order to
provide a record that no one has had an opportunity to tamper with the evidence.

 

A]

========= Page 0048 =========

  

New Jersey criminalizes “bias intimidation” crimes under N.J.S.A. 2C:16-1. Similar to
the Anti-Bullying Bill of Rights Act (ABR), bias intimidation focuses on conduct motivated by a
victim’s race, color, religion, gender, disability, sexual orientation, gender identity or expression,
national origin, or ethnicity. Unlike the ABR, bias intimidation requires an underlying criminal

act and constitutes a crime of at least the fourth degree.

 

 

8.5.1. Statutory Definition.

The statute sets forth the following definition for a bias intimidation crime:

A person is guilty of the crime of bias intimidation if he comn
commit, conspires with another to commit, or threatens the immediate
commission of an offense specified in chapters 11 through 18 of Title 2C of the
New Jersey Statutes; N.J.S.A. 2C:33-4; N.LS.A. 2C:39-3 through 5,

 

lits, attempts to

   

 

(1) with a purpose to intimidate an individual or group of individuals
because of race, color, religion, gender, disability, sexual orientation,
gender identity or expression, national origin, or ethnicity; or

 

(2) knowing that the conduct constituting the offense would cause an
individual or group of individuals to be intimidated because of race,
color, religion, gender, disability, sexual orientation, gender identity
or expression, national origin, or ethnicity; or

(3) under circumstances that caused any victim of the underlying offense
to be intimidated and the victim, considering the manner in which the
offense was committed, reasonably believed either that (a) the offense
was committed with a purpose to intimidate the victim or any person
or entity in whose welfare the victim is interested because of race,
color, religion, gender, disability, sexual orientation, gender identity or
expression, national origin, or ethnicity, or (b) the victim or the
victim's property was selected to be the target of the offense because
of the victim's race, color, religion, gender, disability, sexual

orientation, gender identity or expression, national origin, or ethnicity
(NLIS.A, 2C:16-1(a)).

 

 

 

Bias intimidation is a crime of the fourth degree if the underlying offense is a disorderly
persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a
crime one degree higher than the most serious underlying crime. If the underlying crime
is a crime of the first degree, however, bias intimidation is a first-degree crime and the
defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1)

4s

========= Page 0049 =========

of subsection a. of N.JLS.A. 2C:43-6, be sentenced to an ordinary term of imprisonm
between 15 years and 30 years, with a presumptive term of 20 years (XJLS.A. 2C:16-
1(a)).

8.5.2.

 

 

Meporting of Bias intimidation Crimes.

School officials agree to report to law enforcement officials any bias intimidation
incident that may constitute a criminal offense under the New Jersey Code of Criminal Justice.

Bias intimidation may also constitute HIB. Law enforcement officials agree to notily
the principal of the school at which a student is enrolled when a student or a student’s parent or

guardian reports to the law enforcement agency that a student may be the victim of HIB, as
defined in the ABR.

8.6. Hazing.

Hazing is a process, based on tradition, that is used by groups to maintain a hierarchy
(i,e., a pecking order) within the group. Regardless of consent, the rituals require individuals to
engage in activities that are physically and/or psychologically stressful. These activities can be
humiliating, demeaning, intimidating, and exhausting, all of which results in physical or
emotional discomfort. Hazing i is about group dynamics and proving one’s worthiness to become
a member of a specific group. The newcomer, or victim, is hazed. Once accepted by the group,
the victim may become a bystander, watch others get hazed, achieve senior status, and ultimately
become a perpetrator of hazing.

 

In New Jersey, hazing is a separate criminal offense under N.J.S.A. 2C:40-3. School
officials should be aware that hazing which involves the participation of a coach or a teacher
may also constitute child abuse. Hazing may also involve other predicate crimes, such as sexual
assault. Hazing may also constitute HIB. As noted in Article 8.4.2, although HIB is not a
separately defined criminal offense, the conduct that constitutes bullying may constitute one or
more criminal or disorderly person offenses, including assault, harassment, threats, robbery and
sexual offenses.

 

8.6.1. Statutory Definition.

The statute sets forth the following definition for hazing:

A person is guilty of hazing, a disorderly persons offense, if, in connection with inthation
of applicants to or members of a student or fraternal organization, he/she knowingly or
recklessly organizes, promotes, facilitates or engages in any conduct, other than
competitive athletic events, which places or may place another person in danger of bodily
injury (N.J.S.A. 2C:40-3(a)).

ag

========= Page 0050 =========

A person is guilty of aggravated hazing, a crime of the fourth degree, if he/she commits
an act defined as hazing that results in serious bodily injury to another person (N.J.S.A. 2C:40-
3(b)). The consent of the person hazed is not a defense (N.J.S.A. 2C:40-4). Any other criminal

conduct under the New Jersey Code of Criminal Justice also may be charged (N.J.S.A. 2C:40-5).

 

8.6.2. Reporting of Hazing.

School officials agree to report to law enforcement officials any hazing incident that may
constitute a criminal offense under the New Jersey Code of Criminal Justice.

Hazing may also constitute HIB. Law enforcement officials agree to notify the principal
of the school at which a student is enrolled when a student or a student’s parent or guardian
reports to the law enforcement agency that a student may be the victim of HIB, as defined ; in the
Anti-Bullying Bill of Rights Act.

 

8.7. Cyber-rarassment.

As of January 17, 2014, cyber-harassment constitutes a separate criminal offense in New
Jersey (N.J.S.A. 2C:33-4.1). The new law targets online communications that threaten to inflict
a crime, an injury, physical harm, or are made with the intent to emotionally harm a reasonable
person or to place a reasonable person in fear of physical or emotional harm. The offense of
cyber-harassment may be charged as either a third or fourth degree felony, depending on the ages
of the target and harasser.

   

   

 

 

8.7.1. Statutory Definition.

The statute sets forth the following definition for cyber-harassment:

l.a. A person commits the crime of cyber-harassment if, while making a
communication in an online capacity via any electronic device or through
a social networking site and with the purpose to harass another, the
person:

   

 

(1) threatens to inflict injury or physical harm
property of any person;

(2) sends, posts, comments, requests, suggests, or proposes any lewd,
indecent, or obscene material to or about a person; or

(3) threatens to commit any crime against the person or the person’s

property.

to any person or the

 

 

b. Cyber-harassment is a crime of the fourth degree, unless the person is
21 years of age or older at the time of the offense and impersonates a

30

========= Page 0051 =========

minor for the purpose of cyber-harassing a minor, in which case it is a
crime of the third degree.

c. Ifa minor under the age of 16 is adjudicated delinquent for cyber-
harassment, the court may order as a condition of the sentence that the
minor, accompanied by a parent or guardian, complete, in a satisfactory
manner, one or both of the following:

   

 

(1) a class or training program intended to reduce the tendency toward
cyber-harassment behavior; or

(2) a class or training program intended to bring awareness to the dangers
associated with cyber-harassment.

d. A parent or guardian who fails to comply with a condition imposed by
the court pursuant to subsection c. of this section is a disorderly person
and shall be fined not more than $25 for a first offense and not more than
$100 for each subsequent offense (N.J.S.A. 2C:33-4.1).

 

School officials agree to report to law enforcement officials any cyber-harassment
incident that may constitute a criminal offense under the New Jersey Code of Criminal Justice.

Cyber-harassment may also constitute HIB. Law enforcement officials agree to notify
the principal of the school at which a student is enrolled when a student or a student’s parent or
guardian reports to the law enforcement agency that a student may be the victim of HIB, as
defined in the Anti-Bullying Bill of Rights Act.

 

Sexting, or the sending of sexually explicit photos by electronic means such as text
message, may constitute a criminal act pursuant to New Jersey’s child pornography laws. For
instance, it 1s a crime to give to someone else, offer to give to someone else, transfer,
disseminate, distribute, circulate, or possess pornography depicting a child, defined as a person
younger than 18 (N.ILS.A. 2C:24-4), Penalties for violating such laws include not only
significant time in prison but also mandatory registration as sex offenders.

 

Significantly, New Jersey has created an alternative to criminal prosecution for teens
charged with child pornography as a result of sexting (N.J.LS.A. 2A:4A-71.1). Ifthe court deems
it appropriate, these teens may be ordered to participate in an educational program or counseling
in lieu of prosecution. Both the creator and subject of the sexting image must be younger than
18 to be eligible for this program.

 

========= Page 0052 =========

8.8.1. Reporting of Sexting.

School officials agree to report to law enforcement officials any sexting incident that may
constitute a criminal offense under the New Jersey Code of Criminal Justice.

 

Sexting may be also constitute HIB. Law enforcement officials agree to notify the
principal of the school at which a student is enrolled when a student or a student’s parent or
guardian reports to the law enforcement agency that a student may be the victim of HIB
defined in the Anti-Bullying Bill of Rights Act.

  

      

Coordination of HIB iminal investigations.

  

 

When a criminal investigation is initiated by law enforcement, but a school district has
already initiated its own disciplinary investigation for the same incident or conduct, a school
district generally agrees to suspend its own investigation until law enforcement has concluded its
investigation. This best practice avoids hampering ongoing criminal investigations. Although
the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an
HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate
and requested by law enforcement. The suspension or stay of a school district’s HIB
investigation may be appropriate when, among other things, there is a concern that witness
statements and/or evidence could be adversely affected or detrimental to an ongoing criminal
investigation.

  

Although, a law enforcement investigation focuses on whether there has been a
violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has
been committed in violation of the ABR. In an effort to avoid hampering the independent
efforts, and objectives, of both law enforcement and school officials, when law enforcement
deems it appropriate for a school district to suspend or stay its HIB investigation because its own
investigation could be compromised by a simultaneous or concurrent HIB investigation, it may
request that the school district suspend or stay its HIB investigation. It is only when law
enforcement affirmatively requests a school district to suspend or stay its HIB investigation that
such an investigation should be suspended or stayed. If law enforcement does not affirmatively
request a suspension or stay of an HIB investigation, a school district must comply with all
applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or
suspension of an HIB investigation, but a school district believes that the action(s) involved may
constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law
enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s
HIB investigation.

 

 

 

When law enforcement requests a suspension or stay of an HIB investigation, school
officials must immediately memorialize this request, in writing, and advise the
parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s

 

D2

========= Page 0053 =========

request. Notice to the parents must include the fact that the time limit on filing a complaint in
the Division on Civil Rights shall not be delayed due to law enforcement’s request. If the

parent(s)/m

lardian(s) objects, either orally or in writing, to the suspension or stay of the school

 

district’s HIB investigation, law enforcement must seek appropriate legal assistance from the
County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and
more specifically:

.

If law enforcement requests a suspension or stay of an HIB investigation, but the school
district has not yet initiated its investigation, the school district shall initiate its
investigation but solely for the purpose of safeguarding the health and welfare of its
students, and not for the purpose of determining whether HIB occurred. The school
district’s HIB investigation shall remain open and stayed during the pendency of law
enforcement’s investigation. Upon completion of the law enforcement investigation, and
following notification of that completion from the county prosecutor, the anti-bullying
specialist shall immediately resume the school’s HIB investigation. In this instance, the
anti-bullying specialist shall have the ten school days to complete its HIB investigation.

 

If law enforcement requests a suspension or stay of an HIB investigation, but the school
district has already initiated its investigation, the school shall immediately cease and stay
its HIB investigation at the request of law enforcement while following the
parental/victim notification requirements and seeking court orders to stay requirements
set forth above. However, the school district shall still be required to safeguard the health
and welfare of its students. The school district’s HIB investigation shall r remain open and
stayed during the pendency of law enforcement’s investigation. Upon completion of the
law enforcement investigation, and following notification of that completion from the
county prosecutor, the anti-bullying specialist shall immediately resume the school’s HIB
investigation. In this instance, the anti-bullying specialist shall have the number of days
remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law
enforcement directs a school district to cease its investigation on day three, then the
school district shall have seven days, following clearance from the county prosecutor, to
complete its HIB investigation).

 

 

 

 

If law enforcement requests a suspension or stay of an HIB investigation, but the school
district has already completed its investigation, the ten school day timeframe shall be
unaffected. However, in the event that additional information is available upon the
completion of a criminal investigation, the ABR permits the school anti-bullying
specialist to amend the original report with the results of the investigation to reflect the
additional information (N.J.S.A. 18A:37-15b(6)a). The anti-bullying specialist should
review this additional information, and promptly determine whether the original report
should be amended.

 

If law enforcement requests a suspension or stay of school district action at any other
point, including prior to the reporting of the results of the investigation to the chief school
administrator or the board of education; the reporting of information to the

53

========= Page 0054 =========

 

parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s); a parental
request hearing before the board of education; or prior to the issuance of the board of
education’s written decision; the school district shall comply with this request while
following the parental/victim notification requirements and seeking court orders, if
necessary, to stay requirements set forth above. All school district action shall be stayed
during the pendency of law enforcement’s request. Following notification of that
completion from the county prosecutor, the school district shall immediately resume any
and all remaining action(s) required under law and regulation.

Enforcement Testim School
d Notices to the County Prosecutor.

       

z gw a
GS;

 
 

The law enforcement agency agrees, upon the request of designated school officials, to
make available officer(s) to testify, as appropriate, in any suspension or expulsion hearing before
the board of education, pursuant to N.LS.A. 18A:37.1 et seq., or a hearing regarding harassment,
intimidation or bullying, pursuant to N.JUS.A. 18A: 37.15d, or other appropriate school authority
as may be necessary to satisfy the due process rights of a student subject to school discipline,
provided, however, that it is understood and agreed that any information provided by means of
such testimony shall not be made public, but rather shall be kept confidential in accordance with
the requirements of N.J.S.A. 2A:4A-60, and further provided that the County Prosecutor’s Office
shall be given prior notification and a right to preclude the giving of such testimony where the
testimony may interfere with or jeopardize any ongoing investigation or prosecution of any
person. See also Article 5.6 of this Agreement.

For any school hearing pursuant to the Anti-Bullying Bill of Rights Act, if the principal
has been notified by law enforcement officials that juvenile delinquency or criminal charges are
pending against one or more of the alleged offenders, the school district shall notify the county
prosecutor of the proposed list of witnesses at least 5 days prior to the hearing.

 

    

Articlee®. School Searches.

9.1. Searches C

onducted Independently b

   

No law enforcement officer shall direct, solicit, encourage or otherwise actively
participate in any specific search conducted by a school official unless such search could be
lawfully conducted by the law enforcement officer acting on his or her own authority in
accordance with the rules and procedures governing law enforcement searches. Nothing in this
Agreement shall be construed to preclude a law enforcement officer from taking custody of any
item or substance seized by any school employee, pursuant to N.JLA.C. 6A:16-6.2(b)5i1v.

12%
be

 

========= Page 0055 =========

  

w Enforcement of Seizure of Contraband.

School officials shall immediately notify law enforcement officers whenever a school
employee comes into possession, whether as a result of a search or otherwise, of any substance
or item believed to be a controlled dangerous substance, drug paraphernalia, firearm, or non-
firearm weapon used or threatened to be used in committing an offense.

 

 

 

BS Oe ae

mption of Responsibility.

 

w Enforcement A

 

School officials shall permit law enforcement officers upon their arrival to the scene to
assume responsibility for conducting any search, in which event the standards governing
searches conducted by law enforcement officers shall prospectively apply.

     

uct of Law —

 

Any questions by school officials concerning the legality of any contemplated or ongoing
arrest, search or seizure conducted by a law enforcement officer on school grounds should be
directed to Angelo Onofri pursuant to N.J.A.C. 6A:16-6.2(b)Sii, or in the case of an arrest, search
or seizure undertaken by a member of the State Police, Division of Criminal Justice, or federal
law enforcement officer to the Director of Criminal Justice.

 

Request to Conduct Searches.

Nothing in this Agreement shall be construed in any way to require any school official to
actively participate in any search or seizure conducted or supervised by a law enforcement
officer; nor shall this Agreement be construed to direct, solicit or encourage any school official
to conduct any search or seizure on behalf of law enforcement, or for the sole purpose of
ultimately turning evidence of a crime over to a law enforcement agency. Rather, it is
understood that any search or seizure conducted by school officials shall be based on the school
officials’ independent authority to conduct reasonable investigations as provided in New Jersey
v..1.L.O and, pursuant to N.J.A.C. 6A:16-6.2(b)S.

 

     

Search and Sel gal Advice to School Offici

Any question by a school official concerning the law governing searches conducted by
school officials may be addressed to Angelo Onofri or his designee. Pursuant to the provisions
of Chapter 14.6 of the New Jersey School Search Policy Manual, a school official is encouraged
also to seek legal advice from the school district’s attorney. The manual can be found at
bttp://www.state.nj.us/lps/dcej/school.

 

18%

========= Page 0056 =========

 

 

It is understood and agreed that all inspections of lockers, desks, or other objects or
personal property on school grounds involving the use of law enforcement drug-detection
canines shall be conducted in accordance with the policies and procedures established in the New
Jersey School Search Policy Manual; shall comply with the “Special Rules and Procedures
Governing the Use of Law Enforcement Canines to Conduct Suspicionless Examinations” set
forth in Chapter 4.5 F of that manual; and shall conform to N.LA.C. 6A:16-6.2(b)5vi. No such
operation shall be undertaken without the express permission of the county prosecutor or the
Director of the Division of Criminal Justice or his or her designee in the New Jersey Department
of Law and Public Safety. It is further understood and agreed that Gerard Dalton shall not invite
or approve the use of a privately-owned drug-detection canine without first providing notice of
the intention to use any such private service to the West Windsor Police Department and the
county prosecutor, and it is further understood and agreed that if any such private drug-detection
canine alerts to the presence of a controlled dangerous substance, any substance, paraphernalia,
or other evidence of an offense seized by any person pursuant to such alert shall be turned over
to West Windsor Police Department or the County Prosecutor’s Office in accordance with the
provisions of Articles 4.1 and 4.4 of this Agreement.

   

 

   

Article 10.

 

nterviews.

No law enforcement officer shall direct, solicit, encourage, attend or otherwise participate
in the questioning of any juvenile by school officials unless such questioning could be lawfully
conducted by the law enforcement officer acting on his or her own authority in accordance with
the rules and procedures governing law enforcement interrogations and interviews. All
information obtained by school employees concerning the commission of an offense, whether
obtained as a result of the questioning of a student or otherwise, shall be referred to the
appropriate law enforcement agency, provided however, that nothing in this Agreement shall be
construed to authorize or require a school employee to divulge information or records in
violation of the confidentiality requirements of 42 C.F.R. Part 2, or any other applicable state or
federal regulation, law or rule of evidence concerning confidential and privileged
communications. The procedures for and responsibilities of staff, with regard to interviews of
students suspected of possessing or distributing a controlled dangerous substance, including
anabolic steroids, drug paraphernalia or a firearm or other deadly weapon shall be in accordance
with N.J.A.C. 6A:16-6.1 et seq. and the associated board policies and procedures. Notification of
parents in instances of law enforcement interviews involving their children will be made by
school staff in accordance with N.J.A.C. 6A:16-6. 2(b) and the associated board policies and
procedures. It is understood that law enforcement officials need not contact parents to interview
a minor student when the student is not the target of an investigation. However, law enforcement
officials must contact parents to interview a minor student when the student is a target of an
investigation.

 

 

56

========= Page 0057 =========

 

   

 

Article 11, “Tipu u

 

Any “tiplines” that may be established for the reporting of suspicious activity occurring
on school grounds, or within Drug-Free School Zones, or for the reporting of any other crimes
or planned or threatened acts of violence, shall be staffed by law enforcement officers, and it is
understood that the role of school officials with respect to the operation of such tiplines is limited
to publicizing to members of the school community the existence and purpose of these tiplines.
Gerard Dalton hereby agrees to post notice of any such law enforcement tiplines on bulletin
boards and/or other appropriate places to alert students to the existence of this means of reporting
suspected or future crimes on an anonymous and confidential basis.

 

 

 

The County Prosecutor’s Office and the West Windsor Police Department will assist
school officials who wish to develop and implement student-oriented crime prevention and
awareness programs.

 

 

 

 

The parties to this Agreement understand and accept that the only viable, long-term
solution to the nation's drug epidemic is to reduce the public's demand for illicit substances, and
that education emerges as one of the most promising means available by which to provide a
generation of students with information, skills and incentives to resist the temptation to
experiment with and use chemical substances. The parties further understand that the
contributions of the law enforcement community to the goal of a drug-free New Jersey need not
and should not be limited merely to disrupting the supply of illicit drugs; rather the law
enforcement community can help to reduce the demand for drugs, not only by holding drug users
accountable for their unlawful conduct, but also by actively participating in public awareness and
prevention programs and educational initiatives. To this end, a number of programs have been
developed by numerous organizations in which specially trained police officers participate
directly in school-based educational programs. These programs are designed to teach students
about the nature and dangers of substance abuse, methods to enhance students’ self-esteem, and
proven techniques and skills for resisting peer pressure to experiment with drugs or engage in
other dangerous activities and should support the Core Curriculum Content Standards, pursuant
to NJAC. 6A°8-2.

 

 

 

 

========= Page 0058 =========

 

Educational Curricula.

It is understood and agreed that education officials are at all times ultimately responsible
for approving, supervising, monitoring, evaluating and otherwise ensuring the consistent high
quality of all educational curricula and instructional programs provided to students, whether the
instruction is provided by certified school employees or by specially trained law enforcement
officers invited into the schools pursuant to Article 12.1 of this Agreement. It also is understood
and agreed that local school officials remain ultimately responsible for making certain that all
substance awareness instructional programs are developed and provided in a manner which is
consistent with the requirements of N.J.S.A. 18A:40A-1 et seq. NJA.C.6A:16-3,
Comprehensive Alcohol, Tobacco and Other Drug Abuse Programs, the New Jersey Department
of Education's Core Curriculum Content Standards in Comprehensive Health and Physical
Education, pursuant to N.J.A.C. 6A:8, specifically, the indicators under Standards 2.1 (Wellness
~ health promotion concepts and skills), 2.2 (Integrated Skills — health enhancing personal and
interpersonal skills), 2.3 (Drugs and Medicines —alcohol, tobacco, and other drugs and
medicines), 2.4 (Human Relationships and Sexuality — physical, emotional and social aspects of
human relationships and sexuality) and Standard 9 (21" Century Life and Careers— addressing
significant related areas, such as critical thinking, self-management, interpersonal
communication, character development, ethics and safety) and the subjects of conflict
management, problem solving, personal responsibility and cooperation under each of these
strands, and any and all applicable rules, regulations and policies adopted by the State Board of
Education or the Commissioner of Education concerning the development, review, monitoring,
approval and implementation of K-12 alcohol, tobacco and other drug prevention education
curricula and related courses of instruction.

 

 

 

 

12.3.

 

It is understood and agreed that no law enforcement officer shall be permitted to provide
a course of instruction to students unless the officer has been invited or requested to provide such
course of instruction by the appropriate school official. In order to enhance cooperation between
law enforcement and education authorities, it is agreed that all requests by school officials for
information concerning the nature and availability of law enforcement instructional programs
should be directed to Robert Garofalo, Chief of Police, with notice of the request provided to the
county prosecutor. All requests by a law enforcement agency seeking an invitation to provide an

 

instructional program, or seeking to demonstrate the desirability of providing such an
instructional program, should be directed to Gerard Dalton, with notice given to the county
prosecutor working in cooperation with the executive county superintendent, who will be
responsible for coordinating all such invitations or requests for invitations to participate in law
enforcement instructional programs. The county prosecutor further agrees to serve on an
ongoing basis as an information clearinghouse to provide school officials with information
concerning the availability and benefits of such law enforcement instructional programs.

   

toe? Sot

========= Page 0059 =========

 

 

Article 12. Joint Consultation.

 

 

13.7. Consultation anc nformation Sh

 

 

So as to foster and institutionalize the spirit of communication and cooperation
underlying this Agreement, West Windsor-Plainsboro RDS and West Windsor Police
Department agree to participate in ongoing joint consultations. It is understood that the
consultations shall include discussions of:

 

a. The rules and regulations promulgated by the State Board of Education and
codified at N.JLA.C. 6A:16-6, Law Enforcement Operations for Alcohol, Other
Drugs, Weapons and Safety and N.J_A.C. 6A:16-5, School Safety and Security, as
appropriate;

b. The Comprehensive Drug Reform Act, focusing especially on those provisions
affecting juveniles or that are designed to protect children and to displace drug
trafficking activities from areas adjacent to schools;

 

C. The United States Supreme Court decision in New Jersey v. T.L.O. and the New
Jersey School Search Policy Manual;

d. Federal and state laws and regulations on the confidentiality of alcohol and drug
counseling and treatment;

€. The warning signs of which school staff members should be aware that indicate a

= g

student may be abusing chemical substances or is at risk of committing an act of

violence involving firearms or other deadly weapons;

 

ooodh

 

f. The scope and nature of the problem concerning firearms and other dangerous
weapons on school grounds; and
g. Training needs to support school safety and security and the effective

implementation of the Agreement, including the exchange of information

regarding the practices of the education and law enforcement agencies, pursuant
to NLLA.C, 6A:16-6.2(b)12.

 

Week.

school officials shall invite law enforcement officials to join school staff in the student
discussions organized to observe School Violence Awareness Week, which occurs the week
beginning with the third Monday in October of each year, pursuant to N.J.S.A. 18A:36-5.1 and
N.LALC. 6A:16-5.2. Upon invitation and as appropriate to the district’s plans, law enforcement
officials may assist with the student discussions required during School Violence Awareness
Week.

39

========= Page 0060 =========

 

13.3. School Safety and Security Consultations.

School officials shall consult with law enforcement officials, as appropriate, in planni
the required school safety and security in-service training program for school staff, pursuant to
N.JL.A.C. 6A:16-5.1(d) and stipulated in Articles 8.1.5 and 8.2.2 of this agreement. Examples of
school safety and security training that could involve law enforcement officials include providing
guidance on the approved model policies of the Governor’s K-12 School Security Task Force,
reviewing scenarios for school safety and security drills; addressing internet safety, cyber-
bullying and gangs; and reviewing the ten key findings reported by the United States Secret
Service in the publication titled Threat Assessment in Schools: A Guide to Managing
Threatening Situations and to Creating Safe School Climates. Law enforcement officials shall
identify school safety and security issues and concerns and advise the county prosecutor and
chief school administrator, as appropriate.

 

  

     

School Safety and Security Planning.

 

It is further understood and agreed that, pursuant to Article 13.3, Art

6A:16-5.1(b), the conferees, including the chief of police and other representatives of law
enforcement agencies, emergency management planners, fire officials, local chief school
administrator, all school building principals, representatives of health and social services
provider agencies and other school staff (e.g., counselors, psychologists, social workers, nurses,
security, maintenance, facilities, grounds, school resource officers, food services) and
community resources, as appropriate, shall provide consultation to school officials, at a
minimum annually, in the development of the school district’s plans, procedures and
mechanisms for school safety and security to fulfill the requirements of N.J.A.C. 6A:16-5,
School Safety and Security. It is understood and agreed that law enforcement officials shall
review and, where necessary, provide written comments to the chief school administrator
concerning the required school safety and security plans, pursuant to N.JL.A.C. 6A:16-5.1. It is
understood and agreed that the chief school administrator shall annually submit a copy of the
school district’s school safety and security plan and promptly submit any important revisions to
the plan or school grounds to law enforcement officials. The chief school administrator agrees to
supply law enforcement officials with current copies of blueprints and maps of all schools and
school grounds. If at any time there are changes to the blueprints or maps of any school or school
grounds, the chief school administrator shall forward revised copies to law enforcement officials
as soon as practicable. It also is understood and agreed that, pursuant to Article 13.5 the
conferees shall discuss the feasibility and desirability of implementing a Safe Schools Resource
Officer DrO Gram

 

 

 

 

 

 

 

43,5,

   

Safe Schools Resource Off

The Attorney General’s Education-Law Enforcement Working Group has developed
resource material for a Safe Schools Resource Officer Program, recognizing that the presence of

60

========= Page 0061 =========

a police officer can be a deterrent in fighting drug use and sales and other forms of criminal
behavior in schools. Safe schools resource officers are police officers that undergo statutorily
mandated training, as set forth in Article 1.9 of this Agreement. Besides enhancing school safety
and security and facilitating the handling of delinquency complaints, the assignment of a safe
schools resource officer on a full or part-time basis can help to enhance the working relationship
between education and law enforcement officials. Most importantly, a Safe Schools Resource
Officer program provides these specially trained officers an opportunity to interact with children
in positive and constructive ways. It is understood and agreed that the parties to this Agreement
shall, during the course of the annual conference convened, pursuant to Article 16 of this
Agreement, discuss the feasibility and desirability of implementing this form of community
policing.

 

 

 

 

13.6. Harassment, Intimidation or Bullying P

 

It also is understood that, pursuant to N.J.A.C. 6A:16-7.7(a)l, the harassment,
intimidation or bullying policies required pursuant to N.JLS.A. 18A:37-13 et seq. and N.J.A.C.
6A:16-7.7, shall be developed by school officials in consultation with law enforcement officials,
in addition to parents and other community members, including appropriate community-based
social and health provider agencies and other school employees. It is agreed that law
enforcement officials shall consult with school officials in the development of the policies and
the annual review of the policies, the training needs of school employees and the extent and
characteristics of harassment, intimidation and bullying behavior in the school buildings of the
school district, pursuant to N.J.A.C. 6A:16-7.7(e). It also is understood that the executive county
superintendent shall maintain a current file copy of the harassment, intimidation or bullying
policies, pursuant to N.JLA.C. 6A:16-7.7(e)5, for review by both education and law enforcement
officials, upon request.

   

 

 

 

   

 

It is understood and agreed that any dispute or objection to any proposed or ongoing law
enforcement operation or activity on school grounds will be consistent with N.J.A.C. 6A:16-
6.2(b)15, and shall be directed by the appropriate school official to the chief executive officer of
the law enforcement agency involved. Where the chief executive officer of the agency 1s for any
reason unable to satisfactorily resolve the dispute or objection, the matter shall be referred to the
Angelo Onofri who is hereby authorized to work in conjunction with Yasmin Hernandez~Manno
and, where appropriate, the Division of Criminal Justice, to take appropriate steps to resolve the
matter. Any dispute that cannot be resolved at the county level shall be resolved by the Attorney
General whose decision shall be binding.

 

 

========= Page 0062 =========

 

 

     

Article 15.

   

Maintenance of the Agreement.

 

   

 

This Agreement shall remain in full force and effect until such time as it may be
modified. Modification of this Agreement shall be effected only with the mutual consent of the
West Windsor-Plainsboro RSD the Laura Yasmin Hernandez-~Manno the West Windsor Police
Department and the Angelo Onofri. Pursuant to N.J.A.C. 6A:16-6.2(b)141i, all revisions shall be
only in addition to, and shall not conflict with, the format and content established by the
Attorney General and the Commissioner of Education and shall be in addition to and shall not
conflict with the policies and procedures established pursuant to N.J.A.C. 6A:16-6.
Modifications required by a change in state or federal law, rules or regulations or applicable
guidelines or executive directives shall be made on the effective date of such revisions of law,
regulations, guidelines or directives. All parties to this Agreement shall notify the other parties
immediately regarding any such legal or regulatory changes.

 

 

   

 

The parties to this Agreement recognize the value of cooperation and comm

with respect to drug, weapons, violence and school security problems as they relate to students
and school grounds, and believe that entering into this Agreement will help them to be more
effective in managing these problems and in making certain that schools are safe havens for law
abiding children, and not convenient marketplaces or resorts for drug dealers and users. It is the
intent of the parties to this Agreement to take all steps as may be appropriate and lawful to fulfill
the applicable regulations at N.J.A.C. 6A:16, Programs to Support Student Development and the
mission of the New Jersey State Board of Education, in collaboration with the New Jersey
Department of Education, to establish policy and provide leadership in the development of
exceptional learning opportunities for New Jersey’s public school students for the purpose of
enabling them to obtain a superior education.

15.3 Oistripution.

Copies of this agreement shall be provided to the County Prosecutor’s Office, the
executive county superintendent, the chief school administrator, the law enforcement chief
executive of the Police Department or State Police Unit, the president of the district board of
education, and each principal in the schoo! district.

 

62

========= Page 0063 =========

 
  

 

 

 

 

 

 

It is understood that Angelo Onofri, working in conjunction with Yasmin Hernandez-
Manno pursuant to N.J.A.C. 6A:16-6.2(b)14, shall not less than once each calendar year,
organize and conduct a meeting of representatives from the law enforcement and educational
communities to discuss the implementation of and compliance with the provisions of this
Agreement, pursuant to N.J.A.C. 6A:16-6.2(b)13, throughout the county, to discuss any other
matters of mutual concern, and to recommend revisions to this Agreement, insofar as, pursuant
to N.J.A.C. 6A:16-6.2(b) 141i, the revisions are in addition to and do not conflict with the format
and content established by the Attorney General and the Commissioner of Education and that are

in addition to and do not conflict with the policies and procedures established pursuant to
NLA.C. 6A:16-6.

It is understood that every chief of police, school building principal and local chief school
administrator shall be invited to attend, along with any other persons or representatives of
organization who could contribute to or benefit from the proceedings. Following each
conference, Angelo Onofri shall provide a copy of the revised MOA, or the revised section of the
MOA, to all participants.

  

As an expression of our mutual concern and commitment to students, and to the level of
cooperation and understanding described in this Agreement, the undersigned parties do hereby
affirm and agree to abide by the standards, procedures, principles and policies set forth in this
document.

grag,

On this day and month of { )eeswe dor | oO in the Year of QO | “]

_/

 

 

   

  
  

 

efft or Station Commander

“Chief School Administrator

 

 

President,

 

Executive County Superintendent of Schools. County Prosecutor

========= Page 0064 =========

 

 

 

 

 

 

a. All requests by: school officials to undertake a an undercover. school operation ina

 

 

particular school or school district will be directed to the local chief of police or, where

appropriate, to the Superintendent of State Police. However, it is understood that the ultimate

 

 

approval of all undercover school operations can only be granted by Gerard Dalton and Angelo
Onofri or, where appropriate, the Attorney General or his or her designee.

b. A request to undertake an undercover school operation will not be made public by
either the requesting school official or the law enforcement agency receiving the request.

c. The county prosecutor or the Attorney General or his or her designee will make a
good faith effort to comply with all reasonable requests to initiate an undercover operation,
considering the scope and nature of the substance abuse or weapons-related problem in the
school or district and the availability of law enforcement resources.

d. Where the county prosecutor or the Statewide Narcotics Task Force is for any
reason unable to comply with a request to undertake an undercover school operation, the county
prosecutor or the Attorney General or his or her designee will promptly notify the requesting
school officials.

e, The decision to decline a request to undertake an undercover school operation
shall not be made public by either the requesting schoo! officials or the law enforcement agency
receiving the request.

f. Nothing herein shall be construed to preclude law enforcement officials from

initiating a request to conduct an undercover school operation pursuant to Section 2 of this
Addendum.

 

 

========= Page 0065 =========

   

 

 

| Cooperation.

 

 

 

 

 

a. As a practical matter, a successful undercover school operation cannot take place
without the assent and continuing cooperation of the building principal and local chief school
administrator and, except as may be expressly provided herein, none shall be attempted without
such assent and continuing cooperation. Accordingly, prior to the placement of any undercover
officer in a school, the school building principal and the local chief school administrator will be
consulted unless there are compelling reasons not to consult with either of these officials. Where
the Attorney General determines that compelling reasons, exist, an alternative school official or
officials will be designated who will be consulted in lieu of the building principal or local chief
school administrator prior to the placement of an undercover officer in a school and through
the course of the operation.

 

 

 

b. In any case where the undercover school operation has not been requested by an
appropriate school official, the law enforcement agency proposing the operation will advise the
building principal and local chief school administrator of the nature of the proposed operation
and will, to the greatest extent possible, explain the reasons why the operation is necessary and
appropriate. This explanation should include a description of the extent and nature of the
suspected drug trafficking or weapons-related activities occurring within the school environment
that would justify the operation. It is understood and agreed that law enforcement officials will
not be required or permitted to divulge any information received in confidence, whether from an
informant or otherwise, or that would violate the laws or court rules governing the disclosure of
juvenile offender information, grand jury information, or information derived from electronic
surveillance.

c. It is understood and agreed that undercover school operations should not
necessarily be limited to schools falling within any particular region or demographic setting e.g.,
rural, suburban, urban center, or any particular district factoring group (.e., a composite measure
of socioeconomic status within a geographic area). Rather, subject to the availability of
resources, undercover school operations should be proposed and conducted in any district or
school where the designated law enforcement and school officials determine that such operations
would be beneficial.

 

d. Information provided by law enforcement to the building principal or local chief
school administrator will be kept strictly confidential and will not be divulged by the building
principal or local chief school administrator to any other person without the express approval of
the county prosecutor or, where appropriate, the Attorney General or his or her designee.

e, No law enforcement officer will disclose the fact that an undercover school
operation has been proposed, requested, or is being or has been considered with respect to any
particular school or school district.

========= Page 0066 =========

f. The building principal and the local chief school administrator will be afforded
the opportunity to offer specific concerns regarding the conduct of any proposed undercover
school operation, and will also be given the opportunity to make general or specific
recommendations as to how to minimize the impact of the proposed operation on the educational
environment, existing substance abuse counseling programs, and the relationship between school
authorities, the law enforcement community, and the student population. In developing an
undercover school operation plan, and throughout the course of the operation, the law
enforcement agency conducting the operation will give due consideration to the concerns and
recommendations offered by the building principal and local chief school administrator.
Furthermore, these school officials will be advised whenever the law enforcement agency
conducting the undercover school operation is for any reason unable or unwilling to follow any
proposed recommendation. However, it is understood that the law enforcement agency
responsible for conducting the undercover operation shall maintain control of the logistics of any
operation once begun.

 

 

 

 

 

 

g. The law enforcement agency conducting the undercover school operation will
provide to the building principal and local chief school administrator a detailed briefing
concerning the logistical and record keeping requirements associated with successfully placing
an officer undercover. The building principal and local chief school administrator may contact
the designated liaison who will be available on a 24 hour basis to respond to any problems or
inquiries.

 

 

 

3.

 

a. The building principal and local chief school administrator will be informed as to
the identity of any person assigned to an undercover investigation unless there are compelling
reasons, as shall be determined by the Attorney General, not to inform either of these officials.
The building principal and local chief school administrator, and any other school officials or
employees who may be informed as to the identity of the undercover officer, will safeguard the
identity of that officer and will not disclose the existence of a contemplated or ongoing
undercover school operation to any person.

 

 

b. In the event that the building principal, local chief school administrator or any
other school official or employee who may have been informed as to the existence of the
operation subsequently learns of any information that suggests that the true identity of the
undercover officer has been revealed, or that any person has questioned the identity or status of
the undercover officer as a bona fide member of the school community, or that the integrity of
the operation has been in any other way compromised, such information will be imm ediately
communicated to the law enforcement agency conducting the operation or to the county
prosecutor.

  

 

 

 

C. The school principal and local chief school administrator will be advised
whenever an undercover school operation has been suspended or terminated or whenever the
undercover officer is permanently removed from the school environment.

66

========= Page 0067 =========

 

 

 

     

 

 

 

It is understood that no undercover school operation may be conducted that entails the
placement of an undercover officer as a certified member of the school community without prior
written approval of the Attorney General with notice given to the Commissioner of Education, or
in the case of non-public schools, the chief school officer. It is understood that the Attorney
General will base his approval upon a finding that 1) other law enforcement methods would not
be effective, and 2) there is a reasonable articulable suspicion that adult school employees or
other non-student member(s) of the school community are engaged in drug trafficking or
unlawful weapons-related activities. In that event, and upon such findings, the underlying
purpose of the operation would not be to identify or to apprehend student offenders, but rather to
identify and to apprehend suspected adult or non-student offenders. Furthermore, the law
enforcement agency involved will develop, in consultation with the building principal and local
chief school administrator, those steps that will be taken to minimize the undercover officer's
contact with, and impact upon, the student population. It is understood that no undercover
officer will be permitted to teach a formal class of instruction without the approval of the
Attorney General and local chief school administrator, and that in no event will an undercover
officer posing as a non-student member of the school community be permitted to establish or to
simulate any confidential, trust or counselor relationship with any student.

 

 

 

 

 

 

5.

 

Officer Cond

 

uct.

a. Code of Student Conduct Infractions. It is understood that an undercover officer
cannot be expected to pose as a model student. Nonetheless, no undercover officer will engage
in any activities that unduly disrupt the educational environment, or that amount to code of
student conduct infractions of such a nature and magnitude so as to prevent other students from
enjoying the full benefits of that educational environment. An undercover officer will at all
times respect the rights of teachers and other students.

 

 

b. Confidentiality of Treatment Records. Federal regulations and state policies
conceming the confidentiality of treatment and substance abuse counseling program records and
information will be strictly safeguarded. No law enforcement activity will be permitted in any
way to interfere with, intrude upon, or compromise the integrity of any substance abuse
counseling or treatment program.

 

c. Entrapment. No undercover officer will encourage or counsel any student to
purchase or use alcohol or any controlled dangerous substance.

d. Firearms Policy. lt is understood that undercover work concerning drug
trafficking activities is inherently dangerous. Accordingly, it is understood and agreed that law
enforcement will take all measures that are necessary and appropriate to protect the undercover
officer, as well as to protect all students with whom the undercover officer may come in contact,
and to avoid potentially violent confrontations whenever possible. In general, an undercover

officer will not carry a firearm or otherwise bring onto, or maintain, a firearm on school grounds.

 

67

========= Page 0068 =========

An exemption from the general rule prohibiting the carrying or bringing onto school grounds ofa
firearm will only be granted with the express approval of the officer's immediate superior, unless
otherwise specified in the plan approval process for good cause shown. Any firearm brought
onto school grounds will ordinarily be contained in a closed and fastened case locked in the trunk
of an automobile operated by the undercover officer. It is assumed, moreover, that any
exemption from the general weapons carrying policy agreed to herein will only be rarely sought,
and approval to carry a firearm onto school grounds will only be granted where alternative
means of providing adequate security or support are not feasibie.

 

 

e. Non-Participation in Treatment. No undercover officer will in any way
participate in or attend any drug or alcohol abuse treatment or counseling program. In the event
that an undercover officer is referred to, or recommended to participate in, a counseling or
treatment program by a teacher or school staff member, the undercover officer will report the
circumstances of that referral or recommendation to his superiors and will decline such referral
or recommendation.

 

 

f. Preservation of Teacher Trust Relationships. No undercover officer will engage
in any activity or conversation that would require any teacher or school official to violate or
compromise a trust relationship with any student.

g. Romantic Involvement. No undercover officer will encourage or participate in
any romantic relationship with any student during the course of an undercover operation.

h. Treatment. No undercover officer will discourage any student from seeking drug
or alcohol abuse treatment or counseling, or from reporting his or her own alcohol or substance
abuse problem or dependency.

i. Use and Distribution Prohibition. No undercover officer will ingest or inhale
(other than passive inhalation) any controlled dangerous substance; nor will any undercover
officer be permitted to distribute or dispense any controlled dangerous substance without the
express approval of the county prosecutor or, where appropriate, the Attorney General or his or
her designee. Under no circumstances will an undercover officer sell or transfer a firearm on

school grounds or to a student without the express prior approval of the county prosecutor, or,
where appropriate, the Attorney General or his or her designee.

========= Page 0069 =========

 

 

     

SR SERaes

 

It is understood that following the termination of every undercover school operation, the
county prosecutor or the Assistant Attorney General in charge of the Statewide Narcotics Task
Force will prepare a post-operation report that will be transmitted to the Attorney General. The
report will discuss the results and impact of the operation and any logistical or policy problems
which were encountered. The report will also include recommendations for improved
procedures in dealing with potentially recurring problems. The county prosecutor or the
Assistant Attorney General in charge of the Statewide Narcotics Task Force will solicit the
comments and recommendations of the building principal and local chief school administrator,

mments and recommendations will be included in the post-operation report. The

contents of a post-operation report will be publicly disclosed, and a copy will be provided to the

building principal, the local chief school administrator, the executive county superintendent and
mmussioner of Education.

 

 

 

     

 

 

 

 

Operation Seminars.

 

 

To maximize the deterrent impact of an undercover school operation, the law
enforcement agency conducting the operation will make available officers to participate in
seminars which, upon the invitation of appropriate school officials, may be held in the school in
which the operation was conducted. The purpose of these seminars will be to discuss with
teachers, parents and/or students the nature of the completed operation, the steps taken to
minimize the intrusion into the educational environment, and to discuss the substance abuse or
weapons-related problem from a law enforcement perspective. It is the agreed upon policy of the
parties to the attached Agreement to promote the frank and open discussion of issues concerning
the need for such operations, and to solicit opinions and recommendations from teachers,
parents, students and members of the community-at-large.

 

 

69

========= Page 0070 =========

 

 

 

 

 

 

 

 

 

 

 

 

 

The Unsafe School Choice Option (USCO) provision (Section 9532 of Title IX) under the
No Child Left Behind Act (NCLB) of 2001 sets forth, in part, the following which applies to all
school buildings that are a part of a local education agency (LEA):

" a student ... who becomes a victim of a violent criminal offense, as determined by
State law, while in or on the grounds of a public elementary school or secondary school that the
student attends, be allowed to attend a safe public elementary school or secondary school within
the local educational agency, including a public charter school." (italics added)

The individual victim provision of the USCO policy attempts to fulfill the requirement
for LEAs to provide relief to students who have been victimized, while providing schools with a
practical means for making determinations on incidents of victimization that are within the
purview of LEAs. The individual victim policy has been crafted to enable school staff to make
reasonable determinations and actions regarding the policy. LEAs are strongly encouraged,
however, to consult with their school board attorneys and communicate with designated local
and/or county law enforcement authorities, per the provisions of the Uniform State Memorandum
of Agreement Between Education and Law Enforcement Officials and N.LA.C. 6A:16-6.2(6)13,
on questions and issues that arise in the implementation of the individual victims of violent
criminal offenses policy.

The following criteria must be used to determine when an enrolled student has become a
victim of a violent criminal offense while in or on the grounds of a public elementary or
secondary school that the student attends. These criteria only apply to a student who has become
a victim of one or more of the violent criminal offenses enumerated at
http://www.nj.gov/education/grants/nclb/policy/unsafe. htm.

 

A student is considered a victim of a violent criminal offense when:

1) Areferral has been made to law enforcement officials for suspicion that one of the violent
criminal offenses enumerated below has occurred; and

2) One or more of the following applies:

e Law enforcement officials have filed formal charges against the perpetrator(s) for
commission of the violent crime; or

 

SEV ES,
7)

========= Page 0071 =========

e The perpetrator(s) of the violent crime has received sanctions in accordance with the
district board of education's code of student conduct, pursuant to N.J.A.C, 6A:16-7.1; or

e The perpetrator(s) of the violent crime either has not been identified or is not an enrolled
student(s), but it is clear that the student (victim) has become a victim of a violent
criminal offense based on objective indicators such as physical evidence, eyewitness
testimony, and/or circumstantial evidence; or

e The pre-existence of a restraining order against the perpetrator(s) of the violent crime.

========= Page 0072 =========

iLive Streaming Memorandum of Understanding

 

- 609-799-1272

Robert Garofalo

Police Chief

§

Lt. Robert Fow

3

Supervisor

Steve Skwierawski -

t

Detective Set

Detectives - David Jelinski
Caret Zacheis
Jason Jones
Wiliam Jones
Christophen VanNess
cric Woodrow

Description of the circumstances under which the designated indivicuails could activate anc view
the live streaming video

When matters of safety and security necessitate police investigation as authorized by schoo!

acministration.

Plan for preventing and detecting unauthorized access to live streaming video

Live strearning will be password protected.

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Police 911

West Windsor Police 609-799-1222

Plainsboro Police 609-799-2333

Ministerium:

Peter Froehike Prince of Peace Lutheran Church
Father Timothy Capewell St. David the King Catholic Church
Rabbi Eric Wisnia Congregation Beth Chaim

Amita Milne 1° Presbyterian Church of Plainsboro
Monsignor Robert Medley Queenship of Mary Catholic Church
Thomas Sekinger Gospel Fellowship Church

Boyd Hannold Princeton Alliance Church
e West Windsor Health/Human Services

® @ 68 @ IG

    

NJ Child Abuse Hotline

Capital Health Mercer County Youth Emergency Services
Princeton Medical Center at Plainsboro Behavioral Health Intake
Department of Children and Families (DCP)

@

@

@

@

799-1733
275-7111
799-8811

799-0855
799-7511
799-5637

799-9000
799-2400

877-652-2873
396-6722
853-7730

Statewide 877-NJ-ABUSE (652-2873)
Middlesex County 732-287-1840 (Edison)
Mercer County 530-7200 (Lawrenceville)

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Crisis Intervention
e NJ Department of Mental Health Services 800-382-6717

 

Crisis Services
e National Center for Missing & Exploited Children 800-843-5678

National Youth Crisis Hotline 800-442-HOPE (4673)

e NJ Domestic Violence Hotline 800-572-SAFE (7233)
e NJ Family Helpline 800-THE-KIDS (843-5437)

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Victim Assistance

e Child Abuse Hotline

e State Office of Victim /Witness Advocacy
e NJ Coalition Against Sexual Assault

e NJ Coalition for Battered Women

 

 

® State @ Attorney General (Trenton)
® State Police Middlesex County

   

azarcous Materials / Poison
® Hazardous Materials Leak Hotline

877-NJ ABUSE (652-2873)

609-292-6766
609-631-4450
609-584-8107

609-292-4925
732-745-5226

911

e Mercer County Office of Emergency Management 609-799-0110
e NJ Poison Control Center $00-222-1222
e NJ Right to Know 609-984-2202

     

® “CONTACT of M liddlesex “County (04 hours)

e First Call for Help (Mon-Fn, 9-5) 888-908-4636
e CONTACT of Mercer County (24 nours) 883-2880

* First Call for Help (Mon-Fri, 9-5) 799-6033

e Family Guidance Center of Central NJ (609) 586-0668
® Jewish Family & Children’s Services 987-8100

e ‘Trinity Counseling Service 924-0060

® UMDNJ/University Behavioral Health Care (24 hr.) 732-235-5700
e CCIS — Children under 18 (Mon-Fri, 9-5) 732-235-8705
e Raritan Bay Mental Health Center (24 hr.) 732-442-3794
e Substance Abuse Hotline 800-225-0196
e MOBILE Response and Stabilization Services 609-584-0790

@ PSE&G (GAS)
® GPU CElectric)
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800-436-7734
800-545-7738
800-272-1325
800-272-1325

Elizabethtown Water
Elizabethtown Water