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2007 Spring Regional Training N.J.A.C. 6A:16

2007 Spring Regional Training N.J.A.C. 6A:16 . Presented by the Office of Educational Support Services. Overview. Subchapter 1: Scope Definitions. Safe Schools Module. N.J.A.C. 6A:16. School Safety & Security N.J.A.C. 6A:16-5. Anthony Bland Coordinator School Security Unit Office of

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2007 Spring Regional Training N.J.A.C. 6A:16

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  1. 2007 Spring Regional TrainingN.J.A.C. 6A:16 Presented by the Office of Educational Support Services

  2. Overview • Subchapter 1: • Scope • Definitions

  3. Safe Schools Module N.J.A.C. 6A:16

  4. School Safety & SecurityN.J.A.C. 6A:16-5 Anthony Bland Coordinator School Security Unit Office of Educational Support Services New Jersey Department of Education (609) 292-5935 chapter16@doe.state.nj.us

  5. PURPOSE • Provide requirements for the development and implementation of comprehensive plans, procedures and mechanisms that provide for school safety and security

  6. Amendments/New Rules • Expanded the scope from “safety” and “emergency and crisis management” to “safety and security” • Expanded the purposes for safety and security plans • Moved the code of student conduct section to Subchapter 7 • Added provisions consistent with N.J.S.A. 18A:36-5.1 and 17-46 • Clarified requirements for firearms and assaults offenses

  7. School Safety & Security PlansN.J.A.C. 6A:16-5.1 • Policies, procedures & mechanisms requirement, including purposes – 5.1(a) • Consultation requirement – 5.1(b) • Consistent with the format and content established by the Domestic Security Preparedness Task Force & the Commissioner of Ed. – 5.1(b)1 • Annual review & update – 5.1(b)2

  8. Consultation Requirement – 5.1(b)

  9. School Safety & Security Plans, cont. • Dissemination – 5.1(c) • Annual in-service training for all district employees – 5.1(d) • Training for new employees – 5.1(d)1

  10. School Violence Awareness Week N.J.A.C. 6A:16-5.2 • Include age-appropriate opportunities for student discussion on conflict resolution, diversity & tolerance – 5.2(a)1 • Must invite law enforcement to join the discussions – 5.2(a)2 • Programs for school employees to help recognize warning signs & on conduct during an incident – 5.2(a)3 • Annual public hearing – 5.2(a)4

  11. Incident Reporting of Violence, Vandalism & Alcohol or Other Drug AbuseN.J.A.C. 6A:16-5.3 • Mandated report – 5.3(a) • Requirements for report form – 5.3(a)1 • Principal’s responsibilities – 5.3(b) • Review each incident report for accuracy • Forward a copy to the CSA • Notify the CSA of the action taken • Prohibition against any discrimination of employee who reports – 5.3(c)

  12. Incident Reporting of Violence, Vandalism & Alcohol or Other Drug Abuse, cont. • Majority representative’s monthly access to number & disposition of all incidents – 5.3(d) • CSA’s responsibilities - 5.3(e) & (f): • Annual report to Commissioner of Ed. • Annual report to board of ed. at public hearing • Transcribe the public hearing, retain on file & make available to public • File the transcript with the NJDOE

  13. Incident Reporting of Violence, Vandalism & Alcohol or Other Drug Abuse, cont. • Procedures for falsification of annual report – 5.3(g) • Corrective action plans - 5.3(i)

  14. Access to Juvenile Justice InformationN.J.A.C. 6A:16-5.4 • Mandated policies & procedures

  15. Removal of Students for Firearms OffensesN.J.A.C. 6A:16-5.5 • Mandated policies & procedures – 5.5(a) • Mandated removal for not less than one calendar year – 5.5(b) • Case-by case modification of the removal – 5.5(b)1 • Principal’s responsibilities – 5.5(d) • Remove student • Isolate and supervise student • Report to CSA • Notify law enforcement • Notify parents

  16. Removal of Students for Firearms Offenses, cont. • Mandated placement in alternative education program – 5.5(e) • Due process – 5.5(g) • Return to program if student did not commit the offense – 5.5(h) • CSA’s responsibilities – 5.5(i): • Make final determination on student’s return to school – 5.5(i) • Include on report to Commissioner of Ed. – 5.5(k)

  17. Removal of Students for Firearms Offenses, cont. • Exception and authorization for firearms lawfully stored in locked vehicle or for board-approved activities – 5.5(j) • Annual dissemination of policies and procedures – 5.5(l)

  18. Removal of Students for Assaults with Weapons OffensesN.J.A.C. 6A:16-5.6 • Mandated policies & procedures – 5.6(a) • Mandated removal for a period not exceeding one calendar year – 5.6(b) • Case-by case modification of the removal – 5.6(b)1 • Principal’s responsibilities – 5.6(d) • Remove student • Isolate and supervise student • Report to CSA • Notify law enforcement • Notify parents

  19. Removal of Students for Assaults with Weapons Offenses, cont. • Mandated placement in alternative education program – 5.6(e) • Due process – 5.6(g) • Return to program if student did not commit the offense – 5.6(h) • CSA’s responsibilities – 5.6(i): • Make final determination on student’s return to school – 5.6(i) • Include on report to Commissioner of Ed. – 5.6(k)

  20. Removal of Students for Assaults with Weapons Offenses, cont. • Exception and authorization for weapons lawfully stored in locked vehicle or for board-approved activities – 5.6(j) • Annual dissemination of policies and procedures – 5.6(l)

  21. Assaults on District Board of Education Members or EmployeesN.J.A.C. 6A:16-5.7 • Mandated policies & procedures – 5.7(a) • Mandated removal – 5.7(b) • Principal’s responsibilities – 5.7(d) • Remove student • Isolate and supervise student • Report to CSA • Notify parents

  22. Assaults on District Board of Education Members or Employees, cont. • Due process – 5.7(e) • CSA’s report to Commissioner of Ed. –5.6(k) • Annual dissemination of policies and procedures – 5.6(l)

  23. Remotely Activating Paging Devices (RAPD)N.J.A.C. 6A:16-5.8 • Mandated policies and procedures – 5.8(a) • Authorization for RAPD – 5.8(b) & (c) • CSA & law enforcement notification of violations – 5.8(d) • Annual dissemination of policies and procedures – 5.8(e)

  24. Remotely Activating Paging Devices (RAPD)N.J.A.C. 6A:16-5.8 • Does this refer to pagers and is it not somewhat archaic? • Yes, the department retains this language because it is derived from State statute (N.J.S.A. 2C:33-19).  • At this time, LEAs are required to adhere to this State statute.  • The department has forwarded this matter to the Attorney General’s Office via the Education and Law Working Group who is very sympatric to this issue. 

  25. School Safety and SecurityN.J.A.C. 6A:16-5 RESPOND TO QUESTIONS

  26. Comprehensive Alcohol, Tobacco & Other Drug Abuse ProgramsN.J.A.C. 6A:16-3 Gary Vermeire Program Coordinator Safe and Drug-Free Schools Unit Office of Educational Support Services New Jersey Department of Education (609) 292-5935 chapter16@doe.state.nj.us

  27. PURPOSE • Provide parameters for the establishment of comprehensive programs and services for alcohol, tobacco & other drug abuse: • Prevention; • Intervention; • Referral for evaluation; • Referral for treatment; and • Continuity of care

  28. Amendments/New Rules • Primarily technical changes • Changed the term “substance” to “alcohol, tobacco and other drug” for consistency throughout Chapter 16

  29. Establishment of Comprehensive Alcohol, Tobacco & Other Drug Abuse ProgramsN.J.A.C. 6A:16-3.1 • Purposes for each component of the program – 3.1(a)1-3 • Annual in-service training – 3.1(a)4 • Substance awareness coordinators – 3.1(a)5 • Programs for parents – 3.1(a)6 • Prohibition on tobacco smoking & use – 3.1(a)7

  30. Confidentiality of Student Alcohol, & Other Drug InformationN.J.A.C. 6A:16-3.2 • Federal requirements for drug & alcohol records (42 CFR Part 2) - 3.2(a)1 • State requirements for information shared, while in drug/alcohol counseling, that a parent or other person residing in the household is dependent upon or illegally using substances – 3.2(a)2

  31. Procedures for Alcohol & Other Drug Abuse InterventionN.J.A.C. 6A:16-4 Gary Vermeire Program Coordinator Safe and Drug-Free Schools Unit Office of Educational Support Services New Jersey Department of Education (609) 292-5935 chapter16@doe.state.nj.us

  32. PURPOSE • Provide requirements for the adoption of policies, procedures and services for the intervention of student alcohol and other drug abuse

  33. Amendments/New Rules • Primarily technical changes: language, current requirements and citations, and organization • Changed the term “substance” to “alcohol, tobacco and other drug” for consistency throughout Chapter 16 • Added provisions regarding notification of law enforcement officials – 4.1(c)9, 4.3(a)3 & (b)3

  34. Policies & Procedures for the Intervention of Student Alcohol & Other Drug Abuse N.J.A.C. 6A:16-4.1 & 4.2 • Policies & procedures requirement – 4.1(a) • Consultation requirement – 4.1(b) • Components of policies & procedures, which include: – 4.1(c)

  35. Components of policies & procedures, cont. • Roles of staff • Procedures, sanctions and due process for violations, consistent with 6A:16-7 • Steps for ameliorating problems & supporting transitions to & from community agencies • Emergency room services • Assessment or evaluation services

  36. Components of policies & procedures, cont. • Intervention, referral for evaluation & referral for treatment services • Assistance for parents • Law enforcement notification _______________________________________________________________________ • Annual review and dissemination of policies & procedures – 4.2

  37. Students Suspected of Being Under the Influence of Alcohol or Other Drugs (Excluding Steroids) N.J.A.C. 6A:16-4.3(a) • Mandated report (including EVVRS) – 4.3(a)1 • Mandated parent notification – 4.3(a)2i • Mandated immediatemedical examination – 4.3(a)2ii • Optional disclosure to law enforcement – 4.3(a)3

  38. Students Suspected of Being Under the Influence, cont. • Payment for the medical exam – 4.3(a)4ii & (a)5iii • Establishment of requirements for the exam – 4.3(a)4i • Transportation & supervision of the student – 4.3(a)5i & ii & 6

  39. Students Suspected of Being Under the Influence, cont. • Written medical report • Provided within 24 hours – 4.3(a)7 • Establishment of minimum requirements for the report – 4.3(a)7i & ii • Verification requirements when parent selects the physician – 4.3(a)8

  40. Students Suspected of Being Under the Influence, cont. • Return of student to school – 4.3(a)9 & 10 • Removal from school – 4.3(a)11 • Additional assessments/services – 4.3(a)12, 13, 14 & 15

  41. Students Suspected of Using SteroidsN.J.A.C. 6A:16-4.3(b) • Mandated report (including EVVRS) – 4.3(b)1 • Mandated parent notification – 4.3(b)2i • Mandated medical examination – 4.3(b)2ii • Optional disclosure to law enforcement – 4.3(b)3 • Written medical report – 4.3(b)4 • Additional assessments, investigations & services – 4.3(b)5 &6

  42. Intervention of Student Alcohol & Other Drug Abuse, cont. • Civil immunity for school staff – 4.3(c) • Failure of parent to comply– 4.3(a)8ii & 4.3(d) • Refusal or failure of student to comply – 4.3(e)

  43. Law Enforcement Operations for Alcohol, Other Drugs, Weapons & Safety N.J.A.C. 6A:16-6 Gary Vermeire Program Coordinator Safe and Drug-Free Schools Unit Office of Educational Support Services New Jersey Department of Education (609) 292-5935 chapter16@doe.state.nj.us

  44. PURPOSE • Ensure cooperation between school staff & law enforcement (LE) authorities in all matters pertaining to (6.1): • Controlled dangerous substances, including steroids, alcoholic beverages & drug paraphernalia • Firearms and other deadly weapons • The planning & conduct of law enforcement activities on school grounds, including arrest procedures & undercover operations

  45. Amendments/New Rules • Primarily technical changes • Changed the term “substance” to “alcohol, tobacco and other drug” for consistency throughout Chapter 16 • Parameters for revisions to the MOA • Provisions for parent notification of law enforcement interviews & arrests • Permissive disclosure for students suspected of being under the influence

  46. Amendments/New Rules • Changed the 1,000 feet perimeter for reports to law enforcement to stating that any staff member who, in the performance of his/her assigned duties, has reason to believe a student or staff member has unlawfully possessed or been involved in the distribution of a controlled substance shall report the matter. . . - 6.3(a)

  47. Development & Implementation of Policies & ProceduresN.J.A.C. 6A:16-6.2(a) • Consultation – 6.2(a)1 • Review & approval – 6.2(a)2 • Annual dissemination – 6.2(a)3 • Consistent with N.J.A.C. 6A:16-4.3 & 7 – 6.2(a)4 & 5

  48. Components of Policies & ProceduresN.J.A.C. 6A:16-6.2(b) • Designation of liaisons & their roles – 6.2(b)1 • Procedures for: • Summoning LE – 6.2(b)2 • Parent notification for LE interviews – 6.2(b)3 • Cooperating with arrests – 6.2(b)4

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