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A UNIFORM STATEMEMORANDUM OF AGREEMENT
BETWEEN EDUCATIONAND
LAW ENFORCEMENT OFFICIALS
1999 RevisionsApproved by the Department of Law & Public Safety
and the Department of Education*
July 23, 1999
*This document is based on the 1992 version of the State Memorandum ofAgreement approved by the Department of Law & Public Safety and the De-partment of Education and referred to in N.J.A.C. 6:29-10.1. A Table of Con-tents has been added, certain sections have been reordered and/or relabeledto enhance clarity, the materials concerning undercover school operationshave been moved to an Addendum, and a new numbering system is employedto make it easier to locate and cite to relevant provisions of the Agreement. Inaddition, the 1993 version of the “Sample Memorandum of UnderstandingConcerning Suspected Hate Crimes or Bias Incidents Occurring on SchoolGrounds or Involving Students” has been updated and included in this “Uni-form State Memorandum of Agreement” as Addendum 2.
INTERNET ADDRESS OF DOCUMENT: http://www.state.nj.us/lps/dcj/index.htm
TABLE OF CONTENTS
Page
Article 1 Preamble; Statement of Policy, Findings, and Objectives 1 1.1. The Predecessor Agreements 1 1.2. Nature of the Problem 1 1.3. Reasons for Special Concern 2 1.4. Benefit of Referrals to Law Enforcement Authorities 2 1.5. Anabolic Steroids, “Jimson” Weed, and “Date Rape” Drugs 3 1.6 Alcohol Consumption 3 1.7 Law Enforcement Participation in Substance Abuse Prevention Programs
4 1.8 Prosecution of Drug Offenses 4 1.9. School Resource Officers and School-Based Community Service Programs
5 1.10. “Hate” Crimes and “Bias-Related” Acts 5 1.11. Bomb Threats, Hostage Situations, and “Drive-By” Shootings 6
Article 2 Liaisons 7
Article 3 Law Enforcement Operations 7 3.1. Definitions 7 3.2 Undercover School Operations 9 3.3 Planned Surveillance 10 3.3.1. Notice and Consultation 10 3.3.2. Limitations; Targeted Subjects 10 3.4. Routine Patrols 10 3.4.1. Visible Enforcement Plans 10 3.4.2. Notice to School Officials 10 3.4.3. On-Site Reporting 10 3.5 Police Presence at Extra-Curricular Events 10 3.5.1. Required Approval of Principal or Superintendent 10 3.5.2. Requests for Assignment of Uniformed Officers 11
Article 4 Obligation to Report Offenses and Preserve Evidence: Controlled Dangerous Substances, Firearms, Planned or Threatened Violence, Other Offenses 11 4.1 Requirement to Report Offenses Involving Controlled Substances 11 4.2. Non-Applicability to Treatment Program Records and Information 11 4.3 Confidentiality Laws 12 4.3.1Recent Amendment to Substance Abuse Confidentiality Laws 12 4.3.2. Clarification Regarding Confidentiality of Contents of Pupil Records
12 4.4. Securing Controlled Substances and Paraphernalia 13 4.5. Prompt Response to Controlled Substance Referrals;
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Preserving Chain of Custody 13 4.6. Requirement to Report Incidents Involving Firearms 13 4.7. Securing Firearms and Dangerous Weapons 14 4.8. Prompt Law Enforcement Response to Required Referrals 14 4.9. Interdiction of Weapons 14 4.10. Requirement to Report Incidents Involving Planned
or Threatened Violence 15 4.11. Violence Intervention 15 4.12 Requirement to Report Sexual Offenses 15 4.13. Presumption to Report Other Offenses 16 4.14. Law Enforcement Response to Presumptive Referrals 16 4.15. Arrest Protocols Following Presumptive Referrals 17 4.16. Advice as to Juvenile Justice System Practices and Procedures 17 4.17. Advice as to Weapons 18 4.18. Possession of or Consumption of Alcoholic Beverages by Minors 18
Article 5 School Access to Law Enforcement Information 18 5.1. Statutory Authority to Disclose Information 18 5.2. Agreement to Disclose Information Following a Charge 20 5.3. Agreement to Disclose Information During an Investigation 20 5.4. Specificity of Disclosed Information 21 5.5. Disclosure of Adult Student Information 21 5.6. Law Enforcement Testimony at School Disciplinary Hearings;
Required Notice to the County Prosecutor 21 5.7. Parallel School Disciplinary Proceedings 22
Article 6 Notice of Arrests 22 6.1. Arrests of Students on School Grounds 22 6.2. Arrests of Non-Students on School Grounds 22 6.3. Arrests of Students Off School Grounds During Operating School Hours 22 6.4. Parental Notification 23
Article 7 Arrest Protocols 23 7.1. Requests by School Officials 23 7.2. Minimizing Disruption of the Educational Process 23 7.2.1. Arrests to be Conducted in Private 24 7.2.2. Preferred Use of Plainclothes Officers to Effect Arrest 24 7.3. Other Spontaneous Arrests 24 7.3.1. Notice to Building Principal 24 7.3.2. Minimizing Disruption 24 7.4. Planned Arrests 24
Article 8 RESERVED 24
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Article 9 School Searches 25 9.1. Searches Conducted Independently by School Officials 25 9.2. Notice to Law Enforcement of Seizure of Contraband 25 9.3. Law Enforcement Assumption of Responsibility 25 9.4. Legal Questions During Conduct of Law Enforcement Search 25 9.5. Agreement Does Not Constitute a Request to Conduct Searches 25 9.6. Search and Seizure Legal Advice to School Officials 26 9.7 Requests to Use Drug-Detection Canines 26
Article 10 Interrogations and Interviews 26
Article 11 “Tiplines” and Crime Prevention Programs 27
Article 12 Joint Training 27
Article 13 Law Enforcement Participation in Educational Programs 28 13.1. Law Enforcement’s Contribution to Substance Abuse Education
and Demand Reduction 28 13.2. Approval and Supervision of Educational Curricula 28 13.3. Procedures for Inviting, Soliciting or Promoting Police Participation
in Educational Programs 29
Article 14 Revisions and Periodic Conferences 29
Article 15 Dispute Resolution Procedures 30
Article 16 Maintenance of the Agreement 31
ADDENDUM 1 - UNDERCOVER SCHOOL OPERATIONS A- 1
1. Requests to Conduct Operations A- 1
2. Consultation and Cooperation A- 2
3. Security; Limited Disclosure Agreements; Early Termination A- 3
4. Use of Undercover Officers as School Employees A- 4
5. Limitations on Undercover Officer Conduct A- 4
6. Post-Operation Report A- 6
7. Post-Operation Seminars A- 6
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ADDENDUM 2 - RESPONDING TO HATE CRIMES AND BIAS-RELATED ACTS A- 7
Preamble A- 7
Section 1 - Statement of Policies, Findings And Objectives A- 7
Section 2 - Definitions A- 10
Section 3 - Referral Procedures for Reporting Hate Crimes and Bias-Related Acts A- 10
A. Mandatory Referral of Suspected Hate Crimes A- 10 B. Presumptive Referral of Suspected Bias-Related Acts A- 11 C. Nature of Referral A- 11 D. Concurrent Jurisdiction A- 12
Section 4 - Preservation of Evidence A- 12
Section 5 - Law Enforcement Response to Mandatoryand Presumptive Referrals A- 13
A. Prompt Response A- 13 B. Protective Services A- 14 C. Full Investigation A- 14 D. Advice as to Bias Incident Investigation Standards
and Juvenile Justice System Practices and Procedures A- 14
Section 6 - Services Provided by County Prosecutor A- 14 A. Availability of Services A- 14 B. Predisposition Impact Statement A- 15 C. Legal Advice A- 15 D. Seminars and Public Education Concerning Hate Crimes
and Bias-Related Acts A- 15 E. Instruction to Students A- 16
Section 7 - Training A- 16
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Law Enforcement Activities Occurring on School Groundsand the Reporting of Suspected Drug and Other Offenses
by School Officials to Law Enforcement
Article 1 Preamble; Statement of Policy, Findings, and Objectives.
1.1. The Predecessor Agreements .
In 1988, the Department of Law & Public Safety and the Department of Educa-tion issued a model agreement for use by local law enforcement and education offi-cials. These agreements were eventually signed in communities across the state anddocumented the commitment by both professional communities to work together asco-equal partners to address the state’s drug problem as it relates to school-agedchildren. Regulations promulgated by the State Board of Education and codified atN.J.A.C. 6:29-10.1 establish uniform statewide policies and procedures for ensuringcooperation between education officials and law enforcement agencies, and thosepolicies and procedures are consistent with and complementary to the state Memo-randum of Agreement approved by the Department of Law & Public Safety and theDepartment of Education. The Memorandum of Agreement was revised by the De-partment of Education and Attorney General in 1992 to account for new develop-ments with respect to the scope and nature of the State’s evolving drug and alcoholproblem, and to address, for the first time, the problem of firearms and other weap-ons brought on to school property.
1.2. Nature of the Problem .
The 1988 and 1992 memoranda of agreement were designed to ensure coop-eration between law enforcement and education officials and ultimately to protectthe educational environment. The undersigned parties hereby recognize the need toupdate the Memorandum of Agreement and to reaffirm the commitment to worktogether as equal partners in addressing evolving problems of mutual concern. Re-cent events in New Jersey and throughout the nation have made clear that whileschools are generally safe places for students and staff members, a wide range ofoffenses are occasionally committed on school property, during operating schoolhours, or during school-related functions and activities. These offenses againstpersons or property may involve the actual or threatened infliction of bodily injury,the unlawful use or possession of firearms or other dangerous weapons, arson orfire-setting activities, sexual assault and criminal sexual contact, hate crimes, illegalgambling, vandalism, and theft. It is understood and agreed that the commission ofthese types of offenses on school property, whether directed at students, schoolemployees, or school property, not only undermines the educational environment,but can directly endanger the safety and well-being of members of the school com-munity and thus requires an appropriate and decisive response. It is further under-stood and agreed that there is a demonstrable need for law enforcement and educa-tion 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 of school prop-erty or at times other than during regular school hours, and that may involve victimsor potential victims that are not members of the school community. Experience hasshown that violent acts committed by children off of school grounds can have seriousdeleterious effects upon the school community, just as acts of violence committed onschool grounds can lead to further violence or retaliation at other places.
1.3. Reasons for Special Concern .
The parties to this Memorandum of Agreement are aware of and are concernedby recent events occurring throughout the nation involving youth violence. Theparties further recognize that no school is immune from the disruptive influence ofalcohol and other drug abuse and distribution, vandalism, and violence. It is not ourintention to cause undue alarm or to overstate the nature or magnitude of the prob-lem. Nor is it our intention in any way to jeopardize the rights of students. To thecontrary, we wish to emphasize that our goal is to safeguard the essential right of allstudents and school employees to enjoy the benefits of a school environment whichis conducive to education and which is free of the disruptive influence of crime,violence, intimidation and fear. Accordingly, the parties to this Agreement recognizethe need to have in place policies and procedures to deal appropriately and deci-sively with these inherently dangerous and disruptive situations. It is our hope andexpectation that by developing and publicizing the existence of clear policies, we candiscourage the commission of serious offenses on school property and thereby pro-tect the safety and welfare of all members of the school community. In developingthese policies, it is understood that it is a crime for any person to knowingly have inhis or her possession any firearm in or upon the buildings or grounds of any schoolwithout the written authorization of the governing officer of the institution, SeeN.J.S.A. 2C:39-5e. It is agreed and understood that this statute is designed to pro-tect children and the educational environment, and that violations of this statute areespecially serious matters that warrant a prompt referral to and response by lawenforcement authorities. It is further understood that it is a crime in this state forany person to knowingly have in his or her possession any gravity knife, switchbladeknife, dagger, billy, blackjack, metal knuckle, sling shot, cesti or ballistic knife,without having an explainable lawful purpose, See N.J.S.A. 2C:39-3e. Finally, it isunderstood that it is a crime for any person to dispose of any such weapon, or anyfirearm unless he or she is licensed or registered to do so. See N.J.S.A. 2C:39-9d.
1.4. Benefit of Referrals to Law Enforcement Authorities .
It is understood that law enforcement officials have access to confidential infor-mation that may show a juvenile offender has previously committed acts of delin-quency outside of school property and about which school officials may therefore beunaware. These confidential law enforcement records may concern prior juvenile
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arrests, adjudications, dispositions, referrals to juvenile conference committees andstation house adjustments. For this reason, the failure by school officials to refer asuspected offense to law enforcement authorities may unwittingly prevent the pro-fessional actors within the juvenile justice system, including law enforcement andfamily court officials, from identifying and dealing appropriately with juvenile offend-ers, and may thus prevent these actors from taking those steps that are necessaryand appropriate to intervene, to address the juvenile’s problems in a timely fashionand to protect the public safety. In order to enable school officials to make a moreinformed decision as to whether to refer a suspected act of delinquency to law en-forcement authorities, the parties to this Agreement understand the need for andbenefit of establishing procedures by which law enforcement officials can explain theworkings of the juvenile justice system and the options, services and resources thatare available through that system to respond to juveniles’ needs. It is thought thatsuch ongoing dialogue will enable school officials to understand the likely conse-quences of a referral involving a given offense. It is also hoped that in this way, lawenforcement and school officials can work to dispel many of the myths about thejuvenile justice system, and to develop a better understanding of the resources avail-able to address the needs of juveniles who enter into this system or who are at riskof entering the system,
1.5. Anabolic Steroids, “Jimson” Weed, and “Date Rape” Drugs .
The parties to this Agreement understand that in 1991, the New Jersey Com-missioner of Health promulgated rules and regulations which classify anabolic ste-roids as Schedule III controlled dangerous substances. The parties to this Agree-ment understand and recognize that the problem of the unlawful use of anabolicsteroids is a particularly serious one with respect to school-aged children and thatthis problem is not limited to student athletes, but also involves students who usethese especially dangerous substances to enhance their physical appearance. Theparties to this Agreement recognize that these substances often have profound, longterm adverse side effects and that their unlawful use by children cannot be toler-ated. The parties to this Agreement also understand that it is illegal in New Jerseyto use, possess, or distribute any stramonium preparation, commonly referred to as“Jimson” weed (see N.J.S.A. 2A:170-77.8 and 2A:170-77.15), and that it is also ille-gal for any person to distribute or possess substances sometimes referred to as “daterape” drugs, including gamma hydroxybutyrate (GHB), Rohypnol (“roofies”), andflunitrazepam. (See N.J.S.A. 2C:35-5.2 and 5.3., effective August 8, 1997.)
1.6 Alcohol Consumption .
The parties to this Agreement recognize that public attention has been focusedon the problem of alcohol consumption on school property. Surveys of New Jersey’shigh school students consistently show that alcohol continues to
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be by far the most commonly used substance by school-aged children. The partiesto this Agreement recognize and reaffirm that alcohol remains an illicit substancefor underage persons, and that alcohol offenses, especially those occurring onschool property or during school-related activities, are serious matters that warrant adecisive and predictable response.
1.7 Law Enforcement Participation in Substance Abuse Prevention Pro-grams .
In recent years, a number of educational programs, such as D.A.R.E.,G.R.E.A.T. (Gang Resistance Education and Training), D.A.D., McGruff (“Take a BiteOut of Crime”) and similar programs and materials have demonstrated that speciallytrained police officers can provide substance awareness, drug abuse resistance andcrime prevention instruction that is effective and beneficial to students. The partiesto this Agreement recognize, however, that in providing and promoting such instruc-tional programs, education officials remain ultimately responsible for approving andmonitoring all educational curricula. Local education officials also remain respon-sible for making certain that children receive the approved Core Curriculum ContentStandard (CCCS), specifically, Standard 2.3 Alcohol, Tobacco and Other Drugs(ATOD), in accordance with state law and rules, regulations and policies adopted bythe State Board of Education and the Commissioner of Education.
1.8 Prosecution of Drug Offenses .
On May 14, 1998, the Attorney General issued Directive 1998-1 to establishuniform standards and criteria for prosecuting cases under the Comprehensive DrugReform Act. The Attorney General Directive recognized that recent studies suggestthat the drug problem has worsened among school-aged children. In order to re-verse this disturbing trend, the Attorney General Directive made clear that it is aprosecutor’s responsibility to deter drug offenses by sending the strongest possiblemessage that there are serious legal consequences for engaging in this form ofcriminal behavior, and that the law enforcement community is committed to makingcertain that juvenile drug offenders will be held accountable through the impositionof the mandatory non-incarcerative sanctions prescribed in the Comprehensive DrugReform Act, including the suspension or postponement of driving privileges, thepayment of mandatory Drug Enforcement and Demand Reduction cash penaltiesbased upon the degree of the offense involved, and the requirement that juveniledrug offenders perform at least 100 hours of community service if the offense oc-curred on or within 1,000 feet of a school. Attorney General Directive 1998-1 fur-ther recognizes that the general and special deterrent effect of these non-incarcerative sanctions would be seriously eroded if juveniles taken into custody forprovable drug offenses were to report to their classmates and friends that thesesanctions were not imposed. Moreover, the Directive estab
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lishes that it is contrary to public policy and the clearly-expressed intention of theLegislature to foster the appearance that a juvenile is entitled to one “free” drugoffense before the statutorily-mandated non-incarcerative sanctions will actually beimposed. Accordingly, the Directive requires prosecutors to seek imposition of thesesanctions in all cases, including those that are diverted to a Juvenile ConferenceCommittee, an Intake Services Conference, a Juvenile Family-Crisis InterventionUnit, or any other diversion program. It is hereby understood and agreed that wherejuveniles for any reason will not receive the non-incarcerative sanctions specified inAttorney General Directive 1998-1, the county prosecutor or his or her designee willconsult with the principal to explain the situation.
1.9. School Resource Officers and School-Based Community Service Pro-grams .
The Attorney General’s Education-Law Enforcement Working Group has devel-oped a model Safe Schools Resource Officer Program, recognizing that the presenceof a uniformed police officer can be a deterrent in fighting drug use and sales andother forms of criminal behavior in schools. Besides enhancing school security andfacilitating the handling of delinquency complaints, the assignment of a school re-source officer on a full or part-time basis can help further to enhance the workingrelationship between education and law enforcement officials. Most importantly, aSafe School Resource Officer Program provides these specially-trained officers anopportunity to interact with children in positive and constructive way. It is under-stood and agreed that the parties to this Agreement will during the course of theconference convened pursuant to Article 14 of this Agreement discuss the feasibilityand desirability of implementing this form of community policing.
The Education-Law Enforcement Working Group in consultation with the Ad-ministrative Office of the Courts has also developed a model program wherebyschools can serve as community service sites where students can satisfy their court-imposed community service obligations while on school grounds and under the su-pervision of school staff. By participating in this voluntary program, schools can helpto give Family Part judges more disposition options and “intermediate” sanctions toaddress certain types of delinquent behavior. It is understood and agreed thatschools wishing to participate in this voluntary program should contact the countyprobation department.
1.10. “Hate” Crimes and “Bias-Related” Acts .
Acts predicated upon racial, ethnic, religious, gender, disability, or sexualorientation prejudice tear at the fabric of our society, pose grave risks to the physicaland emotional well-being of children, and can quickly lead to retaliation and anescalation of violence both on and off school grounds. In 1993, the Department ofLaw and Public Safety and the Department of Education developed a sample “Memo-randum of Understanding Concerning Suspected Hate Crimes or Bias IncidentsOccurring on School Grounds or Involving Students.” The sample Memorandum of
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5Understanding, which explains when school officials should report suspected hatecrimes or bias-related acts to law enforcement authorities, was signed by local educa-tion and law enforcement officials in many jurisdictions. An updated version of thismemorandum is reproduced as Addendum 2 to this Agreement, which addendum ismade part of this Agreement as if set out fully herein.
1.11. Bomb Threats, Hostage Situations, and “Drive-By” Shootings .
The parties to this Agreement understand that regrettably, it is not uncommonfor persons to call in bomb threats to schools. The parties to this Agreement furtherunderstand that it is important for school officials and local police departments andcounty prosecutors to work together to adopt and implement policies to deal withthese disruptive and potentially catastrophic situations, recognizing that it is essen-tial to consider the most appropriate response to these kinds of situations before acrisis develops. It is further understood that in 1995, the Union County Prosector’sOffice developed a monograph entitled “Bomb Threat Management Planning forSchools,” which sets forth detailed guidelines for how school officials should handlea bomb threat. These guidelines follow nationally-recognized standards and prac-tices that have been developed and adopted by the FBI’s Bomb Data Center and theFederal Bureau of Alcohol, Tobacco and Firearms. It is understood and agreed thatthe parties to this Agreement will during the course of the conference convenedpursuant to Article 14 of this Agreement discuss whether it is necessary and appro-priate to implement specific policies and procedures such as those described in theaforementioned monograph.
Recent tragic events in another state further highlight the need to developschool-based plans to respond to crisis situations involving gunfire, such as hostage-taking and “drive-by” shootings. These crisis response plans should include proce-dures for quickly communicating to faculty members that a crisis situation exists,and procedures for minimizing the risk of physical harm to students and faculty byreducing their exposure to gunfire. Just as it is necessary to establish protocols andto conduct periodic “drills” to respond to emergencies that require prompt and or-derly evacuation, such as fires (see N.J.S.A. 18A:41-1), so too it is appropriate todevelop and rehearse plans and procedures for “locking down” classrooms so as torestrict the movement of children and to reduce the number of students and facultywho might encounter armed assailants. It is understood and agreed that the partiesto this Agreement will, during the course of the conference convened pursuant toArticle 14, discuss the need for such crisis response plans and procedures.
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Article 2 Liaisons.
We, (county prosecutor) and (each law enforcement agency having patrol juris-diction) will each designate one or more persons to serve as a liaison to appropriatelocal and county school officials.
(The county superintendent) and (the local superintendent of each school) willsimilarly designate one or more persons to serve as a liaison to the countyprosecutor’s office and to the respective local law enforcement agency. The roles andfunctions of these liaisons are to:
< facilitate communication and cooperation;
< identify issues or problems that arise in the implementation of this Agreementand facilitate the resolution of any such problems;
<act as the primary contact person between the schools and the affected lawenforcement agencies;
<act together in developing joint training and other cooperative efforts, includ-ing information exchanges and joint speaking engagements, and
<coordinate drug and alcohol abuse intervention and prevention efforts.
Article 3 Law Enforcement Operations.
3.1. Definitions .
As used in this Agreement:
“Controlled Dangerous Substance” shall mean a drug, substance or immediateprecursor as defined at N.J.S.A. 2C:35-2, and shall include controlled substanceanalogs. Pursuant to regulations adopted by the Department of Health, theterm includes anabolic steroids, and shall also be deemed to include “Jimson”weed (stramonium preparation; N.J.S.A. 2A:170-77.8) and gammahydroxybutyrate (GHB), Rohypnol (“roofies”), and flunitrazepam. (See N.J.S.A.2C:35-5.2 and 5.3.)
“Undercover School Operation” shall mean a planned operation undertaken by alaw enforcement agency wherein a law enforcement officer(s) is placed in aschool community and poses as a member of the school community for thepurpose of identifying and eventually apprehending persons engaged in theillegal distribution of controlled dangerous substances or the unlawful use,
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possession or distribution of firearms or dangerous weapons. The proceduresfor planning and approving an undercover school operation are set forth inAddendum 1 to this Agreement.
“Planned Surveillance” shall mean a planned operation wherein a law enforce-ment officer(s) enters onto school property or buildings in plainclothes duringoperating school hours for the purpose of observing or participating in activitiesassociated with the use, possession or distribution of any controlled dangeroussubstance or firearms or dangerous weapons. This term shall not include obser-vations made by a law enforcement officer, whether in uniform or in plain-clothes, from any place or property not owned by a school or school board.
“Routine Patrol” shall mean activities undertaken by a law enforcement officerwhether in uniform or in plainclothes and whether on foot or in a marked orunmarked vehicle, to patrol areas within a drug-free school zone (see N.J.S.A.2C:35-7) for the purposes of observing or deterring any criminal violation or civildisturbance.
“Planned Arrest” shall mean an arrest or taking into custody based upon prob-able cause which was known to a law enforcement officer sufficiently in advanceof the time of the actual arrest, whether as a result of an undercover schooloperation, planned surveillance, or otherwise, so that there was sufficient oppor-tunity for the arresting officer or any other law enforcement officer to apply forand obtain an arrest warrant, even though an arrest warrant may not have beensought or issued. The term shall also include arrests made pursuant to a “cleansweep” (i.e., e.g. multiple arrest) operation.
“Spontaneous Arrest,” in distinction to a planned arrest, shall mean an arrest ortaking into custody based upon probable cause to believe that an offense isbeing committed in the arresting officer’s presence under circumstances wherethe officer could not have foreseen with certainty that the specific offense wouldoccur and thus where the arresting officer had no reasonable opportunity toapply for an arrest warrant. The term shall also include any arrest or takinginto custody in response to a request by a school official pursuant to ¶ 5.1 ofthis Agreement.
“Operating School Hours” shall include the time in which a school is in sessionor when students are engaged in school related activities under the supervisionof professional school staff.
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“Firearm” means any firearm within the meaning of N.J.S.A. 2C:39-1f, and in-cludes any handgun, rifle, shotgun, machine gun or automatic or semiauto-matic rifle regardless of whether such firearm is operable or loaded with ammu-nition. The term includes “BB” and “air” guns.
“Dangerous weapon” means any weapon within the meaning of N.J.S.A. 2C:39-1r. and includes any device readily capable of lethal use or of inflicting seriousbodily injury, including, but not limited 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 orrazor blades embedded in wood and any weapon or other device which projects,releases or emits tear gas or any other substance intended to produce tempo-rary physical, discomfort or permanent injury through being vaporized or other-wise dispensed in the air (i.e., “mace” or “pepper spray” and “”paintball guns).The term shall also include any “destructive device” as defined at N.J.S.A.2C:39:1-c, which includes any device, instrument, or object designed to explodeor produce uncontrolled combustion.
“Serious Bodily Injury” shall have the same meaning as that term is used inN.J.S.A. 2C:11-1b and means bodily injury which creates a substantial risk ofdeath or which causes serious, permanent disfigurement, or the protracted lossor impairment of the function of any bodily member.
“Significant bodily injury” shall have the same meaning as that term is used inN.J.S.A. 2C:11-1d, and means bodily injury which creates a temporary loss ofthe function of any bodily member or organ or temporary loss of any one of thefive senses.
3.2 Undercover School Operations .
Undercover school operations are designed to disrupt ongoing drug-distribu-tion activities. These operations are difficult to implement and require extensiveplanning, cooperation, and secrecy. Attorney General Executive Directive 1988-1imposes strict limitations on the use of this investigative tactic. The Attorney Gen-eral Directive is designed to protect the educational environment of a school and tominimize the risk of injury to students and undercover officers. Rules and regula-tions promulgated by the State Board of Education and codified at N.J.A.C. 6:29-10.2a(2) require local district boards of education to adopt and implement policiesand procedures to ensure cooperation between school staff and law enforcementauthorities in all matters relating to undercover school operations. Accordingly, therules and procedures for approving and implementing an undercover school opera-tion are set out in detail in Addendum 1 to this Agreement, which Addendum ismade part of this Agreement as if set out fully herein.
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3.3 Planned Surveillance .
3.3.1. Notice and Consultation . In the absence of compelling or exigentcircumstances, as shall be determined by the county prosecutor or the AttorneyGeneral or his designee, no planned narcotics surveillance operation as defined inthis Agreement will be conducted during operating school hours without first con-sulting with the building principal or local superintendent of the school involved.
3.3.2. Limitations; Targeted Subjects . Nothing in this Agreement shall beconstrued to prevent any law enforcement officer from making any observations fromany place or property not owned by a school or school board, except that a plannednarcotics surveillance or any other form of observation should, wherever possible, belimited to observing 1) those specific individuals or groups of individuals who arebelieved to be involved in drug trafficking or weapons-related activities, or 2) thosespecific areas or places on school property where drug use or trafficking or weapons-related activity is believed to occur frequently.
3.4. Routine Patrols .
3.4.1. Visible Enforcement Plans . The (police department) will maintain atappropriate times a visible police presence within all drug-free school zones, and willfile and periodically update a confidential report with the (prosecutor) detailing howthese zones are to be patrolled.
3.4.2. Notice to School Officials . Where a patrol plan requires an officerperiodically to enter onto school property or buildings, the (police department) willadvise the appropriate (school building principal and local superintendent). It isunderstood and agreed that any portion of a patrol plan disclosed to school officialsin accordance with this subsection will 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 theprocedures established by the school for the reporting of visitors. It shall be theresponsibility of each police department or agency with patrol responsibilities tomake certain that all officers are familiar and comply with the reporting policiesestablished by each school within the law enforcement agency’s jurisdiction.
3.5 Police Presence at Extra-Curricular Events .
3.5.1. Required Approval of Principal or Superintendent . It is our agreedupon policy that (police department with patrol responsibilities), working in conjunc-tion with appropriate school officials, should, whenever possible, provide for thepresence of uniformed police officer(s) at all major school sporting events. In theabsence of compelling reasons as may be determined by (the county prosecutor orchief executive officer of the law enforcement agency having patrol jurisdiction) it is
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understood and agreed that uniformed police officers will not be assigned to schoolfunctions, and especially those functions occurring within school buildings, exceptwith the approval of the building principal or local superintendent.
3.5.2. Requests for Assignment of Uniformed Officers . It is understoodthat the purpose for requesting uniformed police presence on school property is notlimited merely to the goal of deterring illegal drug use or trafficking activities; rather,police assistance is often requested for the purpose of maintaining order, crowd andtraffic control, and other bona fide public safety reasons. All requests by schoolofficials for law enforcement agencies to provide for a uniformed presence at anyschool event should be directed to (local police or liaison, local chief executive officerof the law enforcement department or agency having patrol jurisdiction).
Article 4 Obligation to Report Offenses and Preserve Evidence: ControlledDangerous Substances, Firearms, Planned or Threatened Violence,Other Offenses.
4.1 Requirement to Report Offenses Involving Controlled Substances .
Subject to the provisions of ¶¶ 4.2 and 4.3 of this Agreement, school officialswill promptly notify (police department and/or prosecutor) whenever any school em-ployee has reason to believe a violation of the Comprehensive Drug Reform Act hasoccurred, except that school officials are not required to refer a matter to law enforce-ment where a student has voluntarily and on his or her own initiative sought treat-ment or counseling for a substance abuse problem, provided the student was notinvolved in drug distribution activities and further provided the student agrees toparticipate in an appropriate treatment or counseling program. For the purposes ofthis Agreement, an admission by a student of a violation of the Comprehensive DrugReform Act which is in response to questioning initiated by a law enforcement officeror school employee shall not constitute a voluntary, self-initiated request for coun-seling and treatment.
4.2. Non-Applicability to Treatment Program Records and Information .
Nothing in this Agreement shall be construed in any way to authorize or re-quire a referral or transmittal of any information or records in the possession of asubstance abuse counseling or treatment program in violation of any state or federalconfidentiality law or regulation, and such information or records will be strictlysafeguarded in accordance with applicable state and federal laws and regulations.
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4.3 Confidentiality Laws .
4.3.1 Recent Amendment to Substance Abuse Confidentiality Laws . TheNew Jersey Legislature on January 12, 1998 adopted P.L. 1997, c. 362 in accor-dance with the Governor’s conditional veto recommendations. The new law, codifiedat N.J.S.A.18A:40A-7.1 et seq., affords confidentiality protections to a public or pri-vate secondary school pupil who is participating in a school-based drug or alcoholabuse counseling program where that pupil provides information during the courseof the counseling session that indicates that the pupil’s parent or guardian or otherperson residing in the pupil’s household is dependent upon or illegally using acontrolled dangerous substance. The new confidentiality statute is broader than thefederal confidentiality statute and regulations (42 C.F.R. Part 2) in that it applies toany student who is participating in a school-based alcohol or drug abuse counselingprogram, even if the student is not personally abusing substances, but rather isseeking counseling to deal with the problems related to the substance abuse ofanother. The federal law, in contrast, only provides confidentiality protections topersons who are “patients,” that is, persons who are receiving counseling for theirown substance abuse problem. The new state confidentiality law nonetheless fea-tures an important exception to the general rule of preserving confidentiality. Spe-cifically, the new law is expressly subject to the provisions of N.J.S.A. 9:6-8.10, andthus does not prevent school officials from disclosing information to the Division ofYouth and Family Services (DYFS) or to a law enforcement agency “if the informationwould cause a person to reasonably suspect that the secondary school pupil or an-other child may be an abused or neglected child.” Accordingly, it is understood andagreed that the new confidentiality statute in no way relieves the duty establishedpursuant to N.J.S.A. 9:6-8.10, which requires any citizen, including a school admin-istrator, teacher, counsellor, school nurse, and substance awareness coordinator, toinform DYFS or a law enforcement agency immediately where there is reasonablecause to believe that a child is or has been abused or neglected.
4.3.2. Clarification Regarding Confidentiality of Contents of PupilRecords . It is understood and agreed that federal and state laws pertaining to theconfidentiality of pupil records only prohibit the disclosure of the contents of suchrecords; these laws do not extend to other sources of information concerning thesame events or transactions that happen to be memorialized in the pupil records.Thus, for example, a teacher, counsellor, administrator, or other school staff memberwho is a witness to criminal activity may be required to testify in a court or grandjury or may be required to report information to law enforcement authorities pursu-ant to this Agreement based upon personal knowledge and memory notwithstandingthat the criminal activity reported or testified about has been recorded in a pupilrecord that is subject to state or federal confidentiality laws. In other words, the actby a school official of memorializing an incident, event, or observation in a pupilrecord in no way precludes that school official or any other material witness fromreporting or testifying from personal knowledge as to the documented incident,event, or observation.
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4.4. Securing Controlled Substances and Paraphernalia .
Whenever a school employee seizes or comes upon any substance believed tobe a controlled dangerous substance or drug paraphernalia, school officials willimmediately advise (the local law enforcement agency having patrol jurisdiction) andwill secure the substance or item pending the response by (law enforcement agency)to retrieve and take custody of the substance or paraphernalia. School employeeshaving custody of the substance or item will take reasonable precautions as per localboard of education procedures to prevent its theft, destruction or use by any person.In accordance with the requirements of law, see N.J.S.A. 2C:35-10c., it is understoodthat under no circumstances may any person destroy or otherwise dispose of anycontrolled dangerous substance or drug paraphernalia except by turning over suchsubstance or item to the responding law enforcement officer.
4.5. Prompt Response to Controlled Substance Referrals; Preserving Chainof Custody .
(The law enforcement agency) will dispatch an officer as promptly as possibleto take custody and secure the controlled dangerous substance or drug parapherna-lia. School officials will provide to the responding law enforcement officer informa-tion necessary to establish the chain of custody and the circumstances of the sei-zure, including the identity of any person(s) from whom the substance or item wasobtained, except that school officials need not provide information concerning theidentity of a student from whom the controlled dangerous substance or item wasobtained where the substance or item was turned over by a student to a substanceabuse counselor in the course of or as a result of diagnosis or treatment, or where: 1)the student voluntarily and on his or her own initiative turned over the substance toa school employee; and 2) there is no reason to believe that the student was involvedin distribution activities; and 3) the student agrees to participate in an appropriatetreatment or counseling program. Nothing in this paragraph shall be construed inany way to authorize or require a referral or transmittal of any information or recordsin the possession of a substance abuse counseling or treatment program where suchreferral or transmittal would constitute a violation of state or federal confidentialitylaws or regulations, and such information or records will be strictly safeguarded inaccordance with applicable state and federal laws and regulations.
4.6. Requirement to Report Incidents Involving Firearms .
Subject only to the provisions of ¶¶ 4.2 and 4.3.1 of this Agreement, it isagreed that (designated school official) will immediately notify (designated lawenforcement official) whenever any school employee in the course of his or her em-ployment develops reason to believe that a firearm has unlawfully been brought ontoschool property, or that any student or other person is in unlawful possession of afirearm, whether on or off school property, or that any student or other person hascommitted an offense with or while in possession of a firearm, whether or not suchoffense was committed on school property or during operating school hours.
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4.7. Securing Firearms and Dangerous Weapons .
Whenever a school employee seizes or comes upon any firearm or dangerousweapon, school officials should in the case of a dangerous weapon other than a fire-arm, and shall in the case of (1) a firearm, or (2) a non-firearm weapon that wasactually used or threatened to be used in committing an offense, immediately advise(designated law enforcement official) and secure the firearm or weapon pending theresponse by the (law enforcement agency) to retrieve and take custody of the fire-arm or dangerous weapon. School employees having custody of a firearm or danger-ous weapon will take reasonable precautions as per local board of education proce-dures to prevent its theft, destruction or unlawful use by any person. It is under-stood and agreed that under no circumstances will any person destroy or otherwisedispose of any seized or discovered firearm except by turning over such firearm tothe responding police officer.
4.8. Prompt Law Enforcement Response to Required Referrals .
(The law enforcement agency) receiving information about the existence of anunlawful firearm on school property or the actual or threatened use of a non-firearmdangerous weapon pursuant to ¶ 4.7 of this Agreement will immediately dispatch anofficer to take custody and secure the firearm or other weapon. Except as may bespecifically provided in ¶¶ 4.2 and 4.3 of this Agreement, school officials will provideto the responding law enforcement officer information necessary to establish thechain of custody and the circumstances of the seizure or discovery of the firearm orother weapon, including the identity of any person(s) from whom the firearm orother weapon was obtained. Nothing in this paragraph shall be construed in anyway to authorize or require a referral or transmittal of any information or records inthe possession of a substance abuse counseling or treatment program and obtainedin the course of providing diagnosis or treatment where such referral or transmittalwould constitute a violation of state or federal confidentiality laws or regulations, andsuch information or records will be strictly safeguarded in accordance with suchapplicable state or federal laws and regulations.
4.9. Interdiction of Weapons .
It is understood and agreed that the (law enforcement agency) shall makeevery reasonable effort to effect the arrest of any student believed to be in the unlaw-ful possession of a firearm or other dangerous weapon while the student is not onschool property, so as to prevent whenever possible the bringing of such firearm orweapon onto school property. When this is not feasible, the (law enforcementagency) shall scrupulously comply with the notification requirements for plannedarrests as set forth in ¶ 7.4 of this Agreement.
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4.10. Requirement to Report Incidents Involving Planned or ThreatenedViolence .
Notwithstanding any other provision of this Agreement, it is agreed that (schoolofficial) will immediately notify (law enforcement agency) whenever any school em-ployee in the course of his or her employment develops reason to believe that astudent has threatened, is planning, or otherwise intends to cause death, seriousbodily injury, or significant bodily injury to another person under circumstances inwhich a reasonable person would believe that the student genuinely intends at sometime in the future to commit the violent act or to carry out the threat. (See also § 3of Addendum 2 to this Agreement concerning the duty to report suspected hatecrimes and bias-related acts.) The school official shall provide to the responding lawenforcement agency all known information relevant to the threat, including but notlimited to any historical or background information concerning the student’s behav-ior or state of mind. For the purposes of this reporting requirement, the threatenedor planned act of violence need not be imminent, and the intended victim of theviolent act need not be aware of the threat. Nor shall it be relevant for the purposesof this reporting requirement that the intended victim is not a student or member ofthe school community, or that the violent act is not intended to be committed onschool property or during regular school hours. The parties to this Agreement un-derstand and agree that students who make a credible threat of harm to themselvesor others should be taken seriously. Accordingly, the provisions of this paragraphshall be liberally construed with a view toward preventing future acts of violence.
4.11. Violence Intervention .
The (law enforcement agency) receiving information about a threatened,planned, or intended act of violence pursuant to ¶ 4.10 of this Agreement agrees topromptly dispatch an officer, or immediately dispatch an officer where the circum-stances so warrant, to undertake an investigation and to take such actions as may beappropriate and necessary to prevent the threatened, planned, or intended act ofviolence from occurring.
4.12 Requirement to Report Sexual Offenses .
Subject only to the provisions of ¶¶ 4.2 and 4.3.1 of this Agreement, it isagreed that (designated school official) will immediately notify (designated law en-forcement official) whenever any school employee in the course of his or her employ-ment develops reason to believe that a crime involving sexual penetration or criminalsexual contact has been committed on school property, or by or against a studentduring operating hours or during school-related functions or activities.
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4.13. Presumption to Report Other Offenses .
Subject to the provisions of ¶¶ 4.2 and 4.3 of this Agreement, it is agreed that(designated school official) should notify (designated law enforcement official)whenever any school employee develops reason to believe that a criminal offense hasbeen committed on or against school property, during operating hours or duringschool-related functions or activities. In deciding whether to refer the matter to thedesignated law enforcement agency, the principal of the school or his or her desig-nee should consider the nature and seriousness of the offense and the risk that theoffense posed to the health or safety of other students, school employees, or thegeneral public and shall be mindful that offenses committed on school grounds by oragainst students may lead to an escalation of violence or retaliation that may occuron school grounds or at other locations. Under no circumstances shall any schoolemployee prevent or discourage the victim of an offense from reporting the offense toa law enforcement agency. In deciding whether to report the presence or seizure ofa non-firearm weapon that was not actually used or threatened to be used in com-mitting an assault or other offense, the (school official) shall consider the nature ofthe weapon and any lawful purposes that it might have, the age of the student, andthe student’s intent. While it is generally not necessary to report the seizure ofsmall pen knives or Swiss-Army style knives, it is understood and agreed that lawenforcement will be notified of the seizure of any switchblade, gravity, or ballisticknife, stun gun, metal knuckles, or any destructive device. It is further understoodand agreed that school officials will report the seizure of a utility or “box-cutter” knifewhere the unlawful use of such knives as weapons is a serious problem in the schooland where the student has no explainable lawful purpose for possessing such aninstrument. Nothing in this paragraph shall be construed in any way to relieve theduty to report a violation of the Comprehensive Drug Reform Act as required by ¶¶4.1 and 4.4 of this Agreement and regulations promulgated by the State Board ofEducation. See N.J.A.C. 6:29-10.4. Nor shall this paragraph be construed in anyway to relieve the duty to report a planned or threatened act of violence pursuant to¶ 4.8 of this Agreement, to report the presence or possession of a firearm pursuantto ¶¶ 4.6 or 4.7 of this Agreement, to report the actual or threatened use of a non-firearm dangerous weapon pursuant to ¶ 4.7, to report a sexual offense pursuant to¶ 4.12 of this Agreement, to report a “hate” crime pursuant to the provisions of Ad-dendum 2 to this Agreement, or to notify appropriate law enforcement and childwelfare authorities when a potential missing or abused child situation is detected, asrequired by N.J.S.A. 18A:36-25 and N.J.S.A. 9:6-8.10.
4.14. Law Enforcement Response to Presumptive Referrals .
(The law enforcement agency) receiving information about the commission ofan offense pursuant to ¶ 4.6 of this Agreement will respond promptly and, whenthere is probable cause to believe that an offense has been committed, will handlethe matter in accordance with the provisions of the Attorney General’s ExecutiveDirective 1990-1 Concerning the Handling of Juvenile Matters by Police and Pros-
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16ecutors. Except as may be specifically provided in ¶¶ 4.2 and 4.3 of this Agree-ment, school officials should in the absence of compelling reasons provide the re-sponding law enforcement officer information necessary to establish the chain ofcustody and the circumstances of the seizure or discovery of any dangerous weaponor item, other than a firearm or other weapon dealt with in ¶ 4.8 of this Agreementor a controlled dangerous substance or drug paraphernalia dealt with in ¶ 4.5 of thisAgreement, which was or may have been unlawfully possessed or used in connectionwith or derived from criminal activity. Nothing in this paragraph shall be construedin any way to authorize or require a referral or transmittal of any information orrecords in the possession of a substance abuse counseling or treatment program andobtained in the course of providing diagnosis or treatment where such referral ortransmittal would constitute a violation of federal or state confidentiality laws orregulations, and such information and/or records will be strictly safeguarded inaccordance with such applicable federal and state laws and regulations.
4.15. Arrest Protocols Following Presumptive Referrals .
It is understood and agreed that the arrest protocols set forth in Article 7 ofthis Agreement, which are designed to minimize the disruption of the school envi-ronment, will be followed whenever a student is to be arrested on school property forany offense, including offenses which do not involve controlled dangerous sub-stances or drug paraphernalia. Similarly, it is understood and agreed that the notifi-cation procedures set forth in Article 6 of this Agreement will be followed whenever astudent or non-student is arrested on school property, or whenever a student isarrested off of school property during operating school hours for a violation of anycriminal statute, including an offense which does not involve controlled dangeroussubstances or drug paraphernalia. It is also understood and agreed that the (policedepartment) will at all times comply with the patrol notification and on-site reportingprocedures set forth in ¶ 3.4.2 of this Agreement, whether the purpose of the lawenforcement entry onto school property or buildings is to enforce the ComprehensiveDrug Reform Act or any other criminal statute.
4.16. Advice as to Juvenile Justice System Practices and Procedures .
The (designated law enforcement official) and the county prosecutor shall beavailable on an ongoing basis to explain to school officials the practices and proce-dures of the juvenile justice system with respect to the handling of juveniles sus-pected of or formally charged with acts of delinquency. The (designated law enforce-ment official) and the county prosecutor shall also provide on an ongoing basis infor-mation concerning the services and resources available through the Juvenile JusticeSystem to deal with delinquent or at risk youth and families in crisis, includingstationhouse adjustments, referrals to Juvenile Conference Committees, Juvenile-Family Crisis Intervention Units, and other preadjudication diversion programs,intervention services, and post-adjudication disposition options that are available inthe county.
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4.17. Advice as to Weapons .
It is understood that new weapons have evolved and proliferated that arereadily concealable and easily disguised. By way of example, small single-shot fire-arms have been produced so as to resemble a remote paging device or “beeper.”Similarly, dangerous knives can be disguised as belt buckles and other seeminglyinnocuous items. Accordingly, the (designated law enforcement agency) and thecounty prosecutor will be available on an ongoing basis to provide school officialswith information and advice about such weapons and their prevalence in the districtor in the county so that they may be readily identified by school officials.
4.18. Possession of or Consumption of Alcoholic Beverages by Minors .
It is understood that it is unlawful for a person under the age of 21 to pur-chase or knowingly consume an alcoholic beverage on school property or duringschool sponsored activities. See e.g., N.J.S.A. 2C:33-15 and N.J.A.C. 6:29- 6.3(a). Sotoo, it is an offense for an adult to bring or possess an alcoholic beverage on schoolproperty without the express written permission of the school board or buildingprincipal. See N.J.S.A. 2C:35-16. It is agreed and understood that these statutesare designed to protect children and the educational environment and that violationsof these statutes should be deemed to be serious matters that would ordinarily war-rant a referral to and prompt response by law enforcement authorities in accordancewith the provisions of ¶ 4.11 of this Agreement. Where appropriate, the law enforce-ment agency or the county prosecutor may elect to forego formal charging prosecu-tion in favor of pursuing school disciplinary proceedings or other appropriate juve-nile justice alternatives, including, but not limited to, a “station house adjustment,”subject to the requirements of law and the Attorney General’s Executive DirectiveConcerning the Handling of Juvenile Matters by Police and Prosecutors.
Article 5 School Access to Law Enforcement Information.
5.1. Statutory Authority to Disclose Information .
New Jersey’s juvenile confidentiality laws were amended by P.L. 1994, c. 56 tomake it easier for law enforcement agencies to share information with schools. Therevised law provides for three categories of disclosure to schools as follows: (1) per-missive disclosure during an investigation (N.J.S.A. 2A:4A-60e); (2) disclosure follow-ing a charge at the principal’s request (N.J.S.A. 2A:4A-60c(3)); and (3) required dis-closure following a charge in certain circumstances (N.J.S.A. 2A:4A-60d). In addi-tion, a law enforcement agency is authorized to disclose certain information to thevictim of an offense committed by a juvenile.
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The revised law permits law enforcement or prosecuting agencies to discloseinformation regarding juveniles who are under investigation when that informationmay be useful in maintaining order, safety, or discipline in the school or in planningprograms relevant to the juvenile’s educational and social development. This infor-mation may then be shared by the principal with appropriate school staff, provided,however, that where the information relates only to an investigation, and where noformal charges have been filed against the student, the statute prohibits this pre-charge information from being maintained by school officials. Accordingly, thisinformation should be provided orally by law enforcement officers, rather than inwriting, so as to avoid inadvertent retention or disclosure of such information.
The revised law further contains a provision that authorizes a principal torequest information concerning juvenile delinquency charges that have been filedagainst a student enrolled in the school. These requests may either be made on acase-by-case basis or in accordance with procedures that could be agreed to as partof this Memorandum of Agreement. [Pursuant to § 5.2 of this Agreement, the (lawenforcement agency) hereby agrees automatically to disclose to the principal thisinformation regarding any juvenile delinquency charge filed against any studentenrolled in the school.1 ]
Law enforcement and prosecuting agencies are required to advise the principalof the school where the student is enrolled when:
< the offense occurred on school property or a school bus, occurred at a school-sponsored function, or was committed against an employee or official ofthe school;
< the juvenile was taken into custody as a result of information or evidenceprovided by school officials. whether or not on school property;
< the offense:
* resulted in death or serious bodily injury, or involved an attempt orconspiracy to cause death or serious bodily injury;
* involved the unlawful use or possession of a firearm or other weapon;
1This provision is optional. The parties to the Agreement may delete this sentence ormay modify it to limit the “blanket” request to specified delinquency charges.
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* involved the unlawful manufacture, distribution, or possession withintent to distribute a controlled dangerous substance or controlledsubstance analog;
* involved the intimidation of an individual or group of individuals be-cause of race, color, religion, gender, disability, sexual orientation, orethnicity; or,
* constitutes a crime of the first or second degree.
5.2. Agreement to Disclose Information Following a Charge .
Where a juvenile has been charged with an act of delinquency that if commit-ted by an adult would constitute a crime or offense, it is requested and agreed pur-suant to the authority of N.J.S.A. 2A:4A-60c(1) and (3) that the (law enforcementagency) or County Prosecutor’s Office will promptly provide information as to theidentity 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 anyschool that employs the victim of the offense, and (3) the principal of any schoolwhere the juvenile is enrolled.
5.3. Agreement to Disclose Information During an Investigation .
Pursuant to the authority of N.J.S.A. 2A:4A-60e, the (law enforcement agency)and/or the County Prosecutor’s Office agree(s) to notify verbally the principal of theschool at which the juvenile is enrolled where the juvenile is under investigation orhas been taken into custody but has not been formally charged with the commissionof any act that would constitute an offense if committed by an adult, provided thatthe (law enforcement agency) or the County Prosecutor’s Office determines that theinformation may be useful in maintaining order, safety, or discipline in the school orin planning programs relevant to the juvenile’s educational and social development,and further provided that the sharing of information will not interfere with or jeopar-dize an ongoing investigation or prosecution of any person. It is understood andagreed that the information provided pursuant to this paragraph will be providedorally rather than in writing, will be kept confidential, will not be maintained by theschool as part of the juvenile’s pupil records, and will only be used in accordancewith the provisions of N.J.S.A. 2A:4A-60e to maintain order, safety, or discipline inthe school or in planning programs relevant to the juvenile’s educational and socialdevelopment. Nothing herein shall be construed to preclude school officials fromusing such information in a suspension, expulsion, or other school disciplinaryproceeding.
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5.4. Specificity of Disclosed Information .
It is understood and agreed that where the (law enforcement agency) and/orCounty Prosecutor’s Office is authorized pursuant to law and the provisions of thisAgreement to disclose information concerning charged or suspected acts of delin-quency, the law enforcement agency may provide the principal with specific informa-tion concerning the offense or investigation, as appropriate, that may be useful inmaintaining order, safety, or discipline in the school or in planning programs rel-evant to the juvenile’s educational and social development. Such information mayinclude but need not be limited to: (1) the specific type of drug found as determinedby field tests and/or laboratory analysis; (2) the amount, purity, and value of thedrug found; (3) how the drug was packaged; (4) whether cash was found or whetherthere 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 weaponwas found; (7) whether a seized firearm was operable or loaded; 8) whether the sus-pected offense involved or was directed at another enrolled student. It is understoodand agreed that it is especially important for law enforcement agencies to promptlyshare information as may be authorized by law concerning the identity of a victimwho is enrolled at the same school as the juvenile charged with or suspected of com-mitting the offense so that school officials can take appropriate steps to protect thevictim from further attack, to enforce a restraining order or condition of probation orpretrial release that the juvenile have no contact with the victim, or to prevent retali-ation or an escalation of violence.
5.5. Disclosure of Adult Student Information .
Where a student who has been arrested or is under investigation is eighteenyears old or older or otherwise is being treated as an adult by the criminal justicesystem, the (law enforcement agency) and/or the County Prosecutor’s Office agreesto provide to the principal of the school at which the student is enrolled all informa-tion that would otherwise be provided pursuant to the provisions of §§ 5.1, 5.2, 5.3,and 5.4 of this Agreement.
5.6. Law Enforcement Testimony at School Disciplinary Hearings;Required Notice to the County Prosecutor .
The (law enforcement agency) agrees upon the request of (school official) tomake available officer(s) to testify as appropriate in any expulsion or suspensionhearing before the Board of Education or other appropriate school authority as maybe necessary to satisfy the due process rights of a student subject to school disci-pline, provided, however, that it is understood and agreed that any information pro-vided by means of such testimony shall not be made public but rather shall be keptconfidential in accordance with the requirements of N.J.S.A. 2A:4A-60, and furtherprovided that the County Prosecutor’s Office shall be given prior notification and aright to preclude the giving of such testimony where the testimony may interferewith or jeopardize any ongoing investigation or prosecution of any person.
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5.7. Parallel School Disciplinary Proceedings .
It is understood and agreed that school officials have an independent right andresponsibility to initiate and pursue disciplinary proceedings or to remove a studentfrom the regular educational program under certain circumstances, including butnot limited to those specified in the “Zero Tolerance for Guns Act,” Chapter 127 ofthe laws of 1995. It is further understood and agreed that all school-based disciplin-ary proceedings are separate and distinct from any juvenile or adult criminal pros-ecution; that law enforcement agencies shall not require or request school officials toundertake a disciplinary action against a student; and that the imposition of sanc-tions by both schools and by the juvenile justice system based upon a single infrac-tion or event in no way constitutes “double jeopardy.”
Article 6 Notice of Arrests.
6.1. Arrests of Students on School Grounds .
Whenever a student has been arrested on school property, the law enforce-ment officer or agency involved will, as soon as practicable, notify the building princi-pal. Whenever possible, such notice will be given before the student has been takenoff of school property. Where the student is a juvenile, all information concerningthe circumstances of the arrest will be provided to the building principal on a confi-dential basis and in accordance with the provisions of N.J.S.A. 2A:4A-60c. See ¶ 5.1of this Agreement for a synopsis of those laws.
6.2. Arrests of Non-Students on School Grounds .
Where a person other than an enrolled student is arrested on school property,the building principal will be advised as to the circumstances of the offense and theidentity of the offender, provided that where the person arrested is a juvenile, it isunderstood that the law enforcement agency or officer involved is not permitted todivulge any information that would violate the laws governing the disclosure of juve-nile information. See ¶ 5.1 of this Agreement for a synopsis of those laws.
6.3. Arrests of Students Off School Grounds During Operating School Hours.
When a student is arrested off of school property during operating schoolhours, or under circumstances that would lead the arresting officer to believe that aschool official was responsible for the care and custody of the student at the time ofthe arrest, or where the arresting officer reasonably believes that the student was intransit between school and his home at the time of arrest, the arresting officer will assoon as is practicable notify the building principal of the school in which the studentis enrolled. All information concerning the basis and circumstances of the arrest willbe provided to the building principal on a confidential basis and in accordance withthe provisions of N.J.S.A. 2A:4A-60, as summarized in ¶ 5.1 of this Agreement.
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6.4. Parental Notification .
When the building principal is advised of a student’s arrest pursuant to theprovisions of this Agreement, the principal or his or her designee will, as soon aspracticable, and in accordance with board policy regarding parental notification,contact a parent or guardian of the student. It is understood that the law enforce-ment agency making the arrest is also required to attempt to contact the student’sparent or guardian pursuant to N.J.S.A. 2A:4A-33.
It is agreed that the (school official) shall at the request of the (law enforce-ment agency) and/or the County Prosecutor’s Office provide information concerningthe efforts by the principal or school staff to contact and notify the student’sparent(s) or guardian.
Article 7 Arrest Protocols.
For the purpose of this Agreement, the term “arrest” shall include the takinginto custody of a juvenile for any offense which if committed by an adult would con-stitute a crime or disorderly persons offense.
7.1. Requests by School Officials .
All requests by any school official to summon a law enforcement officer for thepurpose of making an arrest on school property, whether for a suspected violation ofthe Comprehensive Drug Reform Act or for a suspected violation of any other crimi-nal statute, should be directed to (the designated police liaison or to the chief of thedepartment having patrol jurisdiction). Nothing herein shall be construed in any wayto preclude or discourage any person from dialing “9-1-1” to report an emergency.
7.2. Minimizing Disruption of the Educational Process .
It shall be the general policy of (law enforcement agency)when making anyarrest on school grounds to minimize the disruption of the school environment tothe greatest extent possible consistent with the requirements of public safety. Ac-cordingly, substantial weight will be given by the law enforcement officer assigned tomake the arrest to the specific recommendations of the building principal or localsuperintendent as to the time, place, and manner for effecting the arrest. It is un-derstood and agreed that school officials may not provide sanctuary from arrest toany student, and that school officials may not interfere with or impede any law en-forcement officer in the performance of his or her duties.
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7.2.1. Arrests to be Conducted in Private . So as to minimize any disrup-tion of the educational environment, every reasonable effort should be made to effectthe arrest in the building principal’s office, or in some other designated area awayfrom the general student population.
7.2.2. Preferred Use of Plainclothes Officers to Effect Arrest . Wherefeasible, the responding law enforcement officer(s) should be in plainclothes, useunmarked 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 consis-tent with the requirements of public safety.
7.3. Other Spontaneous Arrests .
7.3.1. Notice to Building Principal . In those cases in which a law en-forcement agency responds during operating school hours to a suspected offensereported by someone other than the building principal or local superintendent, orwhere a law enforcement officers observes the occurrence of an offense on schoolproperty during operating school hours which would justify a warrantless arrest, orwhere a person subject to arrest retreats onto school property during operatingschool hours, the arresting law enforcement officer will notify the building principalas soon as it is practical to do so. Where the arrest involves a student enrolled in theschool, the building principal will wherever feasible be notified before the student istaken from school grounds.
7.3.2. Minimizing Disruption . When effecting any spontaneous arrest onschool property during operating school hours, every reasonable precaution will betaken to minimize the disruption of the school environment to the greatest extentpossible consistent with the requirements of public safety.
7.4. Planned Arrests .
Whenever a planned arrest is to occur on school property, the building princi-pal or local superintendent will be advised and consulted before the arrest occurs.
Article 8 RESERVED
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Article 9 School Searches.
9.1. Searches Conducted Independently by School Officials .
No law enforcement officer will direct, solicit, encourage or otherwise activelyparticipate in any specific search conducted by a school official unless such searchcould be lawfully conducted by the law enforcement officer acting on his or her ownauthority in accordance with the rules and procedures governing law enforcementsearches. Nothing in this Agreement shall be construed to preclude a law enforce-ment officer from taking custody of any item or substance seized by any school em-ployee.
9.2. Notice to Law Enforcement of Seizure of Contraband .
School officials will immediately notify law enforcement officers whenever aschool 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, drugparaphernalia, firearm, or non-firearm weapon used or threatened to be used incommitting an offense.
9.3. Law Enforcement Assumption of Responsibility .
School officials will permit law enforcement officers upon their arrival to thescene to assume responsibility for conducting any search, in which event the stan-dards governing searches conducted by law enforcement officers will prospectivelyapply.
9.4. Legal Questions During Conduct of Law Enforcement Search .
Any questions by school officials concerning the legality of any contemplatedor ongoing arrest, search or seizure conducted by a law enforcement officer onschool property should be directed to the (appropriate county prosecutor), or in thecase of an arrest, search or seizure undertaken by a member of the Statewide Nar-cotics Task Force, to the Assistant Attorney General in charge.
9.5. Agreement Does Not Constitute a Request to Conduct Searches .
Nothing in this Agreement shall be construed in any way to require any schoolofficial to actively participate in any search or seizure conducted or supervised by alaw enforcement officer; nor shall this Agreement be construed to direct, solicit orencourage any school official to conduct any search or seizure on behalf of law en-forcement, or for the sole purpose of ultimately turning evidence of a crime over to alaw enforcement agency. Rather, it is understood that any search or seizure con-ducted by school officials shall be based on the school officials’ independent author-ity to conduct reasonable investigations as provided in New Jersey v. T.L.O.
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9.6. Search and Seizure Legal Advice to School Officials .
Any question by a school official concerning the law governing searches con-ducted by school officials may be addressed to (the county prosecutor or his designee).Pursuant to the provisions of Chapter 14.6 of the “New Jersey School Search PolicyManual,” a school official is encouraged also to seek legal advice from the schooldistrict’s attorney.
9.7 Requests to Use Drug-Detection Canines .
It is understood and agreed that all inspections of lockers, desks, or otherobjects or property on school grounds involving the use of law enforcement drug-detection canines shall be conducted in accordance with the policies and proceduresestablished in the New Jersey School Search Policy Manual (1998), and shall complywith the “Special Rules and Procedures Governing the Use of Law Enforcement Ca-nines to Conduct Suspicionless Examinations” set forth in Chapter 4.5 F of thatmanual. No such operation shall be undertaken without the express permission ofthe county prosecutor or the Director of the Division of Criminal Justice. It is fur-ther understood and agreed that the (designated school official) will not invite orapprove the use of a privately-owned drug-detection canine without first providingnotice of the intention to use any such private service to the (law enforcementagency) and the County Prosecutor, and it is further understood and agreed that ifany such private drug-detection canine alerts to the presence of a controlled danger-ous substance, any substance, paraphernalia, or other evidence of an offense seizedby any person pursuant to such alert shall be turned over to (law enforcementagency) or the County Prosecutor’s Office in accordance with the provisions of ¶¶ 4.1and 4.4 of this Agreement.
Article 10 Interrogations and Interviews.
No law enforcement officer will direct, solicit, encourage, attend or otherwiseparticipate in the questioning of any juvenile by school officials unless such ques-tioning could be lawfully conducted by the law enforcement officer acting on his orher own authority in accordance with the rules and procedures governing law en-forcement interrogations and interviews. All information obtained by school employ-ees concerning the commission of an offense, whether obtained as a result of thequestioning of a student or otherwise, will be referred to the appropriate law enforce-ment agency, provided however, that nothing in this Agreement shall be construedto authorize or require a school employee to divulge information or records in viola-tion of the confidentiality requirements of 42 C.F.R. Part 2, or any other applicablestate or federal regulation, law or rule of evidence concerning confidential and privi-leged communications.
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Article 11 “Tiplines” and Crime Prevention Programs.
Any “tiplines” that may be established for the reporting of suspicious activityoccurring on school property or buses or within Drug-Free School Zones, or for thereporting of any other crimes or planned or threatened acts of violence , will bestaffed by law enforcement officers, and it is understood that the role of school offi-cials with respect to the operation of such tiplines is limited to publicizing to mem-bers of the school community the existence and purpose of these tiplines. The(school official) hereby agrees to post notice of any such law enforcement tiplines onbulletin boards and/or other appropriate places to alert students to the existence ofthis means of reporting suspected or future crimes on an anonymous and confiden-tial basis.
The County Prosecutor’s Office and the (law enforcement agency) will assistschool officials who wish to develop and implement student-oriented crime preven-tion and awareness programs.
Article 12 Joint Training.
So as to foster and institutionalize the spirit of communication and coopera-tion underlying this Agreement, (appropriate school and law enforcement personnel)agree to participate in a joint training program that will be developed in conjunctionwith the Division of Criminal Justice, the Department of Education and county pros-ecutor. It is understood that the program will include a discussion of:
a. the provisions of this Agreement;b. the rules and regulations promulgated by the State Board of Education
and codified at N.J.A.C. 6:29-10.1;c. The Comprehensive Drug Reform Act, focusing especially on those provi-
sions affecting juveniles or that are designed to protect children and todisplace drug trafficking activities from areas adjacent to schools;
d. the United States Supreme Court decision in New Jersey v. T.L.O. andthe “New Jersey School Search Policy Manual”;
e. federal and state laws and regulations on the confidentiality of alcoholand drug counseling and treatment;
f. the warning signs that school staff members should be aware of that indi-cate that a student may be abusing chemical substances or is at risk ofcommitting an act of violence involving firearms and resource materialsdeveloped by the United States Department of Education and by the Uni-versity of Medicine and Dentistry of New Jersey; and,
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g. the scope and nature of the problem concerning firearms and other dan-gerous weapons on school property.
Article 13 Law Enforcement Participation in Educational Programs.
13.1. Law Enforcement’s Contribution to Substance Abuse Education andDemand Reduction .
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 forillicit substances, and that education emerges as one of the most promising meansavailable by which to provide a generation of students with information, skills andincentives to resist the temptation to experiment with and use chemical substances.The parties further understand that the contributions of the law enforcement com-munity to the goal of a drug-free New Jersey need not and should not be limitedmerely to disrupting the supply of illicit drugs; rather the law enforcement commu-nity can help to reduce the demand for drugs, not only by holding drug users ac-countable for their unlawful conduct, but also by actively participating in publicawareness and prevention programs and educational initiatives. To this end, a num-ber of programs have been developed by numerous organizations in which speciallytrained police officers participate directly in school-based educational programs.These programs are designed to teach students about the nature and dangers ofsubstance abuse, methods to enhance students’ self-esteem, and proven techniquesand skills for resisting peer pressure to experiment with drugs or engage in otherdangerous activities. These initiatives include, but are not limited to, the D.A.R.E.program (Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Educationand Training), D.A.D. (Defenders Against Drugs), and the McGruff materials devel-oped by the Crime Prevention Officers Association.
13.2. Approval and Supervision of Educational Curricula .
It is understood and agreed that education officials are at all times ultimatelyresponsible for approving, supervising, monitoring, evaluating and otherwise ensur-ing the consistent high quality of all educational curricula and instructional pro-grams provided to students, whether the instruction is provided by certified schoolemployees or by specially trained law enforcement officers invited into the schoolspursuant to ¶ 13.1 of this Agreement. It is also understood and agreed that localschool officials remain ultimately responsible for making certain that all substanceawareness instructional programs are developed and provided in a manner which isconsistent with the requirements of N.J.S.A. 18A:40A-1 et seq., the New JerseyDepartment of Education’s Chemical Health Education Guide (N.J.A.C. 6:29-6.6),relevant Core Curriculum Content Standards and, specifically, Standard 2.3 Alcohol,
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Tobacco and Other Drugs (ATOD), and any and all applicable rules, regulations andpolicies adopted by the State Board of Education or the Commissioner of Educationconcerning the development, review, monitoring, approval and implementation of K-12 chemical awareness curricula and related courses of instruction.
13.3. Procedures for Inviting, Soliciting or Promoting Police Participationin Educational Programs .
It is understood and agreed that no law enforcement officer shall be permittedto provide a course of instruction to students unless the officer has been invited orrequested to provide such course of instruction by the appropriate school official, orthe G.R.E.A.T. course of instruction has otherwise been approved by the appropriateschool official. In order to enhance cooperation between law enforcement and educa-tion authorities, it is agreed that all requests by school officials for information con-cerning the nature and availability of law enforcement instructional programs, in-cluding but not limited to D.A.R.E., G.R.E.A.T., D.A.D., McGruff, etc. should be di-rected to (designated law enforcement liaison) with notice of the request provided tothe county prosecutor. All requests by a law enforcement agency seeking an invita-tion to provide an instructional program, or seeking to demonstrate the desirabilityof providing such an instructional program, should be directed to (designated schoolofficial), with notice given to the county prosecutor working in cooperation with thecounty superintendent of schools, who will be responsible for coordinating all suchinvitations or requests for invitations to participate in law enforcement instructionalprograms. The county prosecutor further agrees to serve on an ongoing basis as aninformation clearinghouse to provide school officials with information concerning theavailability and benefits of such law enforcement instructional programs.
Article 14 Revisions and Periodic Conferences.
It is understood that (county prosecutor), working in conjunction with the(county superintendent) will not less than once each calendar year organize and con-duct a meeting of representatives from the law enforcement and educational commu-nities to discuss the implementation of and compliance with the provisions of thisAgreement throughout the county, to discuss any other matters of mutual concern,and to recommend revisions to this Agreement. It is further understood and agreedthat pursuant to ¶ 1.9, the conferees will discuss the feasibility and desirability ofimplementing a school resource officer program. In addition, pursuant to ¶ 1.11, theconferees will consider whether it is necessary and appropriate to establish specificpolicies and procedures to respond to bomb threats, hostage situations, “drive-by”shootings, and other emergencies involving explosives and gunfire. It is understoodthat every chief of police, school building principal and local superintendent shouldbe invited to attend, along with any other persons or organization representativeswho could contribute to or benefit from the proceedings. Following each conference,
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the (county prosecutor) will issue a report to the Attorney General as to the results ofthe meeting, which will include a discussion of any general or specific recommenda-tions concerning the need for revisions to this Agreement.
Article 15 Dispute Resolution Procedures.
It is understood and agreed that any dispute or objection as to any proposed orongoing law enforcement operation or activity on school property will be directed bythe appropriate school official to the chief executive officer of the law enforcementagency involved. Where the chief executive officer of the agency is for any reasonunable to satisfactorily resolve the dispute or objection, the matter will be referred to(the county prosecutor), who is hereby authorized to work in conjunction with (thecounty superintendent of schools) and, where appropriate, the Division of CriminalJustice, to take appropriate steps to resolve the matter. Any dispute that cannot beresolved at the county level shall be resolved by the Attorney General whose decisionwill be binding.
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Article 16 Maintenance of the Agreement.
This Agreement shall remain in full force and effect until such time as it maybe modified. Modification of this Agreement will be effected only with the mutualconsent of the (school district), the (county superintendent of schools), the (policedepartment), and the (county prosecutor). Modifications required by a change in stateor federal law, rules or regulations or applicable guidelines or executive directivesshall be made on the effective date of such revisions of law, regulations, guidelines ordirectives. All parties to this Agreement will notify the other parties immediatelyregarding any such legal or regulatory changes.
The parties to this Agreement recognize the value of cooperation and commu-nication with respect to the drug, weapons, and violence problem as it relates tostudents and school grounds, and believe that entering into this Agreement will helpthem to be more effective in dealing with these problems and in making certain thatschools are safe havens for law abiding children, and not convenient marketplaces orresorts for drug dealers and users. It is the intent of the parties to this Agreement totake all steps as may be appropriate and lawful to achieve the goal established by theSafe and Drug-Free Schools and Communities Act and adopted by the State Board ofEducation to ensure that, “[e]very school in New Jersey will be free of drugs andviolence and offer a safe, disciplined environment conducive to learning.”
As an expression of our mutual concern and commitment to students, and tothe level of cooperation and understanding described in this Agreement, the under-signed parties do hereby affirm and agree to abide by the standards, procedures,principles and policies set forth in this document.
Dated:
School District Superintendent Chief, Police Department
PresidentDistrict Board of Education
Approved by:
County Superintendent of Schools County Prosecutor
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ADDENDUM 1 - UNDERCOVER SCHOOL OPERATIONS2
1. Requests to Conduct Operations.
a. All requests by school officials to undertake an undercover school opera-tion in a particular school or school district will be directed to the local chief of policeor, where appropriate, to the Superintendent of State Police. However, it is under-stood that the ultimate approval of all undercover school operations can only begranted by (designated school official) and (the county prosecutor) or, where appropri-ate, the Attorney General or his designee.
b. A request to undertake an undercover school operation will not be madepublic by either the requesting school official or the law enforcement agency receiv-ing the request.
c. The county prosecutor or the Attorney General or his designee will makea good faith effort to comply with all reasonable requests to initiate an undercoveroperation, considering the scope and nature of the substance abuse or weapons-related problem in the school or district and the availability of law enforcement re-sources.
d. Where the county prosecutor or the Statewide Narcotics Task Force is forany reason unable to comply with a request to undertake an undercover schooloperation, the county prosecutor or the Attorney General or his designee willpromptly notify the requesting school officials.
e. The decision to decline a request to undertake an undercover schooloperation shall not be made public by either the requesting school officials or thelaw enforcement agency receiving the request.
f. Nothing herein shall be construed to preclude law enforcement officialsfrom initiating a request to conduct an undercover school operation pursuant to § 2of this Addendum.
2The term “undercover school operation,” as defined in Article 3.1 of the attachedAgreement, means a planned operation undertaken by a law enforcement agencywherein a law enforcement officer(s) is placed in a school community and poses as amember of the school community for the purpose of identifying and eventually appre-hending persons engaged in the illegal distribution of controlled dangerous substancesor the unlawful use, possession, or distribution of firearms or dangerous weapons.
2. Consultation and Cooperation.
a. As a practical matter, a successful undercover school operation cannottake place without the assent and continuing cooperation of the building principaland local school superintendent, and, except as may be expressly provided herein,none shall be attempted without such assent and continuing cooperation. Accord-ingly, prior to the placement of any undercover officer in a school, the school build-ing principal and the local superintendent will be consulted unless there are com-pelling reasons not to consult with either of these officials. Where the AttorneyGeneral determines that compelling reasons, exist, an alternative school official orofficials will be designated who will be consulted in lieu of the building principal orlocal superintendent prior to the placement of an undercover officer in a school andthroughout the course of the operation.
b. In any case where the undercover school operation has not been re-quested by an appropriate school official, the law enforcement agency proposing theoperation will advise the building principal and local superintendent of the nature ofthe proposed operation and will to the greatest extent possible explain the reasonswhy the operation is necessary and appropriate. This explanation should include adescription of the extent and nature of the suspected drug trafficking or weapons-related activities occurring within the school environment that would justify theoperation. It in understood and agreed that law enforcement officials will not berequired or permitted to divulge any information received in confidence, whetherfrom an informant or otherwise, or that would violate the laws or court rules govern-ing the disclosure of juvenile offender information, grand jury information, or infor-mation derived from electronic surveillance.
c. It in understood and agreed that undercover school operations shouldnot necessarily be limited to schools falling within any particular region or demo-graphic setting i.e., e.g. rural, suburban, urban center, etc., or any particular districtfactoring group (i.e., a composite measure of socioeconomic status within a geo-graphic area). Rather, subject to the availability of resources, undercover schooloperations should be proposed and conducted in any district or school where thedesignated law enforcement and school officials determine that such operationswould be beneficial.
d. Information provided by law enforcement to the building principal orlocal superintendent will be kept strictly confidential and will not be divulged by thebuilding principal or local superintendent to any other person without the expressapproval of the county prosecutor or, where appropriate, the Attorney General or hisdesignee.
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e. No law enforcement officer will disclose the fact that an undercoverschool operation has been proposed, requested, or is being or has been consideredwith respect to any particular school or school district.
f. The building principal and the local superintendent will be afforded theopportunity to offer specific concerns regarding the conduct of any proposed under-cover school operation, and will also be given the opportunity to make general orspecific recommendations as to how to minimize the impact of the proposed opera-tion on the educational environment, existing substance abuse counseling pro-grams, and the relationship between school authorities, the law enforcement com-munity, and the student population. In developing an undercover school operationplan and throughout the course of the operation, the law enforcement agency con-ducting the operation will give due consideration to the concerns and recommenda-tions offered by the building principal and local superintendent. Furthermore, theseschool officials will be advised whenever the law enforcement agency conducting theundercover school operation is for any reason unable or unwilling to follow any pro-posed recommendation. However, it is understood that the law enforcement agencyresponsible for conducting the undercover operation shall maintain control of thelogistics of any operation once begun.
g. The law enforcement agency conducting the undercover school operationwill provide to the building principal and local superintendent a detailed briefingconcerning the logistical and record keeping requirements associated with success-fully placing an officer undercover. The building principal and local superintendentmay contact the designated liaison who will be available on a 24-hour basis to re-spond to any problems or inquiries.
3. Security; Limited Disclosure Agreements; Early Termination.
a. The building principal and local superintendent will be informed as tothe identity of any person assigned to an undercover investigation unless there arecompelling reasons, as shall be determined by the Attorney General, not to informeither of these officials. The building principal and local superintendent, and anyother school officials or employees who may be informed as to the identity of theundercover officer, will safeguard the identity of that officer and will not disclose theexistence of a contemplated or ongoing undercover school operation to any person.
b. In the event that the building principal, local superintendent or anyother school official or employee who may have been informed as to the existence ofthe operation subsequently learns of any information that suggests that the trueidentity of the undercover officer has been revealed, or that any person has ques-tioned the identity or status of the undercover officer as a bona fide member of theschool community, or that the integrity of the operation has been in any other waycompromised, such information will be immediately communicated to the law en-
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forcement agency conducting the operation or to the county prosecutor.
c. The school principal and local superintendent will be advised wheneveran undercover school operation has been suspended or terminated or whenever theundercover officer is permanently removed from the school environment.
4. Use of Undercover Officers as School Employees.
It is understood that no undercover school operation may be conducted thatentails the placement of an undercover officer as a certified member of the schoolcommunity without prior written approval of the Attorney General with notice givento the Commissioner of Education, or in the case of non-public schools, the chiefschool officer. It is understood that the Attorney General will base his approval upona finding that 1) other law enforcement methods would not be effective, and 2) thereis a reasonable articulable suspicion that adult school employees or other non-stu-dent member(s) of the school community are engaged in drug trafficking or unlawfulweapons-related activities. In that event, and upon such findings, the underlyingpurpose 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 withthe building principal and local superintendent those steps that will be taken tominimize the undercover officer’s contact with and impact upon the student popula-tion. It is understood that no undercover officer will be permitted to teach a formalclass of instruction without the approval of the Attorney General and local superin-tendent, and that in no event will an undercover officer posing as a non-studentmember of the school community be permitted to establish or to simulate any confi-dential, trust or counselor relationship with any student.
5. Limitations on Undercover Officer Conduct.
a. Entrapment. No undercover officer will encourage or counsel any stu-dent to purchase or use alcohol or any controlled dangerous substance.
b. Confidentiality of Treatment Records. Federal regulations and statepolicies concerning the confidentiality of treatment and substance abuse counselingprogram records and information will be strictly safeguarded. No law enforcementactivity will be permitted in any way to interfere with, intrude upon, or compromisethe integrity of any substance abuse counseling or treatment program.
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c. Treatment. No undercover officer will discourage any student from seek-ing drug or alcohol abuse treatment or counseling, or from reporting his or her ownalcohol or substance abuse problem or dependency.
d. Non-Participation in Treatment. No undercover officer will in any wayparticipate 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 participatein a counseling or treatment program by a teacher or school staff member, the un-dercover officer will report the circumstances of that referral or recommendation tohis superiors and will decline such referral or recommendation.
e. Preservation of Teacher Trust Relationships. No undercover officer willengage in any activity or conversation that would require any teacher or school offi-cial to violate or compromise a trust relationship with any student.
f. Use and Distribution Prohibition. No undercover officer will ingest orinhale (other than passive inhalation) any controlled dangerous substance; nor willany undercover officer be permitted to distribute or dispense any controlled danger-ous substance without the express approval of the county prosecutor or, where ap-propriate, the Attorney General or his designee. Under no circumstances will anundercover officer sell or transfer a firearm on school property or to a student with-out the express prior approval of the county prosecutor, or, where appropriate, theAttorney General or his designee.
g. Disciplinary Infractions. It is understood that an undercover officercannot be expected to pose as a model student. Nonetheless, no undercover officerwill engage in any activities that unduly disrupt the educational environment, orthat amount to disciplinary infractions of such a nature and magnitude so an toprevent other students from enjoying the full benefits of that educational environ-ment. An undercover officer will at all times respect the rights of teachers and otherstudents.
h. Romantic Involvement. No undercover officer will encourage or partici-pate in any romantic relationship with any student during the course of an under-cover operation.
i. Firearms Policy. It is understood that undercover work concerning drugtrafficking activities is inherently dangerous. Accordingly, it is understood andagreed that law enforcement will take all measures that are necessary and appropri-ate to protect the undercover officer, as well as to protect all students with whom theundercover officer may come into contact, and to avoid potentially violent confronta-tions whenever possible. In general, an undercover officer will not carry a firearm orotherwise bring onto or maintain a firearm on school property. An exemption fromthe general rule prohibiting the carrying or bringing onto school property of a fire-arm will only be granted with the express approval of the officer’s immediate supe-
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rior, unless otherwise specified in the plan approval process for good cause shown.Any firearm brought onto school property will ordinarily be contained in a closedand fastened case locked in the trunk of an automobile operated by the undercoverofficer. It is assumed, moreover, that any exemption from the general weapons car-rying policy agreed to herein will only be rarely sought, and approval to carry a fire-arm onto school property will only be granted where alternative means of providingadequate security or support are not feasible.
6. Post-Operation Report.
It is understood that following the termination of every undercover schooloperation, the county prosecutor or the Assistant Attorney General in charge of theStatewide Narcotics Task Force will prepare a post-operation report that will be trans-mitted to the Attorney General. The report will discuss the results and impact of theoperation and any logistical or policy problems which were encountered. The reportwill also include recommendations for improved procedures in dealing with poten-tially recurring problems. The county prosecutor or the Assistant Attorney Generalin charge of the Statewide Narcotics Task Force will solicit the comments and recom-mendations of the building principal and local superintendent, and these commentsand recommendations will be included in the post-operation report. The contents ofa post-operation report will be publicly disclosed, and a copy will be provided to thebuilding principal, local and county superintendents and the Commissioner of Edu-cation.
7. Post-Operation Seminars.
To maximize the deterrent impact of an undercover school operation, the lawenforcement agency conducting the operation will make available officers to partici-pate in seminars which, upon the invitation of appropriate school officials, may beheld in the school in which the operation was conducted. The purpose of theseseminars will be to discuss with teachers, parents and/or students the nature of thecompleted operation, the steps taken to minimize the intrusion into the educationalenvironment, and to discuss the substance abuse or weapons-related problem from alaw enforcement perspective. It is the agreed upon policy of the parties to the at-tached Agreement to promote the frank and open discussion of issues concerningthe need for such operations, and to solicit opinions and recommendations fromteachers, parents, students and members ofthe community-at-large.
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ADDENDUM 2 - RESPONDING TO HATE CRIMES AND BIAS-RELATED ACTS
Preamble
The parties to this Agreement pledge their continuing commitment to worktogether to address the evolving problem of hate crimes and bias-related acts, asdefined in this Addendum, that may occur on school grounds or that may involvestudents. All suspected or confirmed hate crimes and bias-related acts are seriousmatters that deserve a prompt, firm, and predictable response. The parties to thisAgreement recognize that one of the best hopes for deterring this form of anti-socialconduct is to affirm, by word and by deed, that such behavior will not be tolerated.The parties further recognize the need to have in place clearly defined policies andprocedures so that all law enforcement officers, school administrators, and profes-sional staff members and other employees of the school district will know what theyare expected to do in the event of the commission of a hate crime or bias-related acton school grounds or involving school-aged children.
Section 1 - Statement of Policies, Findings And Objectives
1. Regrettably, hate crimes and bias-related acts occur with alarming fre-quency in our society. The communities victimized by this form of anti-social behav-ior are gripped by uncertainty, tension, and conflict. Hate crimes and bias-relatedacts, by their nature, are confrontational, inflame tensions, and promote social hos-tility. These acts jeopardize the active and open pursuit of freedom and opportunity.They represent nothing less than a direct attack upon the racial, religious, and eth-nic heritage of our citizens.
2. The New Jersey Legislature has adopted criminal laws that provide forenhanced punishment where a person commits a crime with a purpose to intimidatean individual or group of individuals because of race, color, gender, disability, reli-gion, sexual orientation, or ethnicity. These laws are designed to punish conduct,not speech. The parties to this Agreement recognize in this regard that the FirstAmendment of the United States Constitution and its state constitutional counter-part guarantee freedom of expression, which includes the right to express bigotry,hatred, and ignorance. However, the parties to this Agreement further recognizethat the application of First Amendment principles is different with respect to speechor conduct occurring in elementary and secondary schools. Accordingly, it is well-accepted that school administrators have a legitimate interest in preserving the orderand decorum of schools, and that certain forms of speech, though otherwise pro-tected under the First Amendment, may impinge on other students’ rights, mayimpermissibly disrupt the orderly operation of a school and, thus, can materially andsubstantially interfere with the requirements of appropriate discipline within aschool.
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3. The parties to this Agreement affirm their belief that hate crimes andbias-related acts are simply incompatible with the basic educational mission and theenvironment of a school. Although all hate crimes and bias-related acts are seriousmatters that deserve prompt attention by appropriate law enforcement authorities,the parties to this Agreement recognize that such conduct is especially serious whenit occurs on school grounds or involves school-aged children. Hate crimes and bias-related acts by their nature have the great potential to disrupt the educational envi-ronment and thereby deprive students and educators of their fundamental rights.
4. The parties further recognize that school-aged children are especiallyvulnerable to the emotional injury often associated with the commission of hatecrimes and bias-related acts. Too often, such acts may have lasting, negative effectson the social development of child victims. Moreover, while hate crimes and bias-related acts are likely to provoke a violent response even when committed againstadult victims, the parties to this Agreement recognize that the potential for violentretaliation is even greater when such acts are committed against adolescent victims,who may not yet possess the social skills or maturity to address their frustrationsand anger without resorting to violence.
5. The parties to this Agreement recognize that what may at first blushappear to be a minor incident can quickly escalate into an order maintenance prob-lem affecting the public safety. The parties thus recognize that the effects of a givenhate crime or bias-related act may extend well beyond the confines of schoolgrounds and may lead, for example, to retaliatory action taken outside of schoolgrounds or outside normal operating school hours.
6. The parties to this Agreement further understand the nature of the so-called “copycat” phenomenon, whereby a given hate crime or bias-related act canlead to the commission of similar incidents. Experience has shown that the problemis exacerbated when the official response to a given hate crime or bias-related act isweak or tentative. The failure to take prompt and decisive action in response to ahate crime or bias-related act may serve unwittingly to encourage the commission offurther hate crimes and bias-related acts. The parties further recognize that aprompt response is essential to defuse a potentially volatile situation, to preventfurther physical or emotional injury, and to assist in the identification and appre-hension of the person or persons who committed the bias-related act or hate crime.
7. The problem of hate crimes and bias-related acts is an evolving one, andstatistics reported by the Attorney General reveal that the problem is growing. It isat least possible that this may be the result of a reporting phenomenon, where morecitizens have become more keenly aware of the impact of hate crimes and bias-re-lated acts and are more willing to report such acts because they earnestly expectthat public officials will respond appropriately. It is imperative for the parties to thisAgreement to take such actions as are necessary and appropriate to ensure andenhance public confidence in the ability and commitment of government officials to
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take affirmative actions in response to these types of offenses.
8. Statistics compiled as part of the Uniform Crime Reporting System con-firm that many hate crimes are committed by children. Often, these youthful offend-ers are motivated by ignorance as much as by hate, and some offenders seem to beattempting to attract attention to themselves by committing acts that many of thembelieve to be little more than childish pranks. Even so, the parties to this Agreementrecognize that such acts, even if committed out of ignorance more than actual hate,are hurtful and disruptive, and cannot and will not be tolerated.
9. The parties to this Agreement recognize that we all have a responsibilityto protect the rights and interests of children and to ensure their emotional well-being. It shall be the overriding policy established in this Agreement to providestudents with a safe environment conducive to learning and free of violence, fear,and intimidation.
10. The parties recognize that school provides young citizens with what islikely to be their first exposure to different cultures. Schools provide a natural set-ting where young people can learn the social skills that will largely determine theirfuture attitudes and beliefs, their respect for the institutions of government, andtheir tolerance for persons of different religions, races, colors, ethnic backgrounds,sexual orientations, and differing mental and physical abilities.
11. The parties to this Agreement recognize that some bias-related actscommitted in schools may warrant a firm and decisive response even though, techni-cally, such acts are not crimes and thus do not invoke the jurisdiction of the criminaland juvenile justice systems. The parties recognize in this regard that the definitionof “bias-related act,” as set forth herein, is broader than the definition of “hatecrime,” so that certain bias-related acts, though deserving of condemnation,remediation, or discipline, do not constitute hate crimes that could be prosecuted bypolice and county prosecutors. The parties to this Agreement further recognize thatbias-related acts may presage planned or threatened violence and can provide anearly warning signal of future criminal conduct. (See also Article 4.10 of the Agree-ment establishing a duty for school officials to report planned or threatened vio-lence.)
12. In responding to the evolving problem of hate crimes and bias-relatedacts, the parties recognize that they must not focus entirely on responding to thosepersons who commit these anti-social or criminal acts; rather, the parties recognizethe need also to work with the victims of these acts so as to reduce their trauma, aswell as to reduce and redress community tensions and fears by reaching out to vic-tims and potential victims.
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Section 2 - Definitions
As used in this Addendum:
“Hate Crime” means any criminal offense where the person or personscommitting the offense acted with a purpose to intimidate an individual orgroup of individuals because of race, color, gender, disability, religion,sexual orientation, or ethnicity.
“Bias-Related Act” means an act that is directed at a person, group of per-sons, private property, or public property that is motivated in whole or inpart by racial, gender, disability, religious, sexual orientation, or ethnicprejudice. A bias-related act need not involve conduct that constitutes acriminal offense. Note that all hate crimes are also bias-related acts, butthat not all bias-related acts will constitute a hate crime.
In order more fully to explain what conduct constitutes a hate crime or bias-related act, and to more fully distinguish between hate crimes (which must be re-ported to law enforcement pursuant to § 3(A) of this Addendum) and bias-relatedacts (which should ordinarily be reported to law enforcement pursuant to § 3(B) ofthis Addendum), the county prosecutor’s office will make available training materialsdeveloped by the New Jersey Division of Criminal Justice, Office of Bias Crimes andCommunity Relations. See also § 7 (concerning training programs) and § 6(C) (au-thorizing prosecutors to answer legal questions arising under this Addendum).
Section 3 - Referral Procedures for Reporting Hate Crimes and Bias-Related Acts
A. abMandatory Referral of Suspected Hate Crimes
Whenever any school employee in the course of his or her employment devel-ops reason to believe that:
(1) a hate crime has been committed or is about to be committed on schoolproperty, or has been or is about to be committed by any student, whetheron or off school property, and whether or not such offense was or is to becommitted during operating school hours; or,
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(2) a student enrolled in the school has been or is about to become thevictim of a hate crime, whether committed on or off school property or dur-ing operating school hours,
the school employee shall immediately notify the building principal and superinten-dent, who, in turn, shall promptly notify the local police department and the biasinvestigation officer for the county prosecutor’s office. However, the building princi-pal or superintendent of schools will immediately notify the local police departmentor the county prosecutor’s office bias officer where there is reason to believe that ahate crime that involves an act of violence has been or is about to be physically com-mitted against a student, or there is otherwise reason to believe that a life has beenor will be threatened.
B. Presumptive Referral of Suspected Bias-Related Acts
Except as may otherwise be provided in subsection A of this section, wheneverany school employee in the course of his or her employment develops reason tobelieve that a bias-related act has been committed or is about to be committed onschool property, or has been or is about to be committed by any student, whether onor off school property and whether or not such bias-related act was or is to be com-mitted during operating school hours, the school employee should immediatelynotify the building principal and superintendent, who, in turn, should promptlynotify the local police department.
In deciding whether to refer the matter to the police department or countyprosecutor’s office, the principal of the school or his or her designee should considerthe nature and seriousness of the conduct and the risk that the conduct posed tothe health, safety, or well-being of any student, school employee, or member of thegeneral public. The building principal and superintendent should also consider thatthe local police department or the county prosecutor’s office may possess or haveaccess to other information that could put the suspected bias-related act in propercontext, could shed light on the motivation for the act, or may help to identify theperson who committed the suspected bias-related act or some other unsolved hatecrime. Furthermore, the building principal and superintendent should consider thepossibility that the suspected bias-related act could escalate or result in some formof retaliation that might occur within or outside school property.
C. Nature of Referral
It is understood and agreed that a mandatory or presumptive referral to thelocal police department or county prosecutor’s office pursuant to this Addendum isonly a transmittal of information that might be pertinent to a law enforcement inves-tigation. The parties understand and agree that a referral pursuant to this section isnot an accusation or formal charge. Accordingly, it is understood and agreed that areferral pursuant to this section is predicated on the basis of a reasonable suspicion,
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which is less than probable cause to believe that a hate crime or bias-related act hasbeen committed, less than the proof necessary to sustain an adjudication of delin-quency or a finding of guilt in a court of law, and less than the proof sufficient tojustify the imposition of school discipline. Accordingly, and given the nature andpurpose of a referral, the parties hereby agree and understand that all doubtsshould be resolved in favor of referring a matter to the local police department or thecounty prosecutor’s office.
D. Concurrent Jurisdiction
Unless the local police department or the county prosecutor’s office requestsotherwise, it is understood and agreed that school officials may continue to investi-gate a suspected hate crime or bias-related act occurring on school property, andmay take such actions as are necessary and appropriate to redress and remediateany such act. The parties to this Agreement understand that school officials have anindependent authority to conduct investigations and to discipline students whoviolate school rules, regulations, or codes of conduct that may include but need notbe limited to the imposition of an in-school suspension. The parties understand thatthe imposition of such discipline does not in any way constitute “double jeopardy” orotherwise limit, preempt, or preclude any appropriate action by a law enforcementagency, a Juvenile Conference Committee or a Juvenile Court.
Where the local police department or the county prosecutor’s office believesthat the continuing conduct of a concurrent investigation or the imposition of anyform of school discipline would in any way jeopardize an ongoing law enforcementinvestigation, or otherwise endanger the public safety, the local police department orthe county prosecutor’s office shall immediately notify the school principal and thesuperintendent of schools, whereupon the school principal and superintendent willimmediately discontinue any ongoing school investigation, and will take no furtheraction without providing notice to and receiving the assent of the police departmentor the county prosecutor’s office.
Section 4 - Preservation of Evidence
The parties to this Agreement understand and appreciate the importance ofdelicately balancing the need to preserve physical evidence so that persons whocommit hate crimes or bias-related acts can be quickly apprehended and fully andfairly prosecuted as against the need to minimize the harm associated with the con-tinued exposure to children of bias-based graffiti and other forms of physical evi-dence of a hate crime or bias-related act.
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School officials hereby agree to secure and preserve any such graffiti or otherevidence of a suspected hate crime or bias-related act pending the arrival of the localpolice department or the county prosecutor’s office. Where feasible, such graffiti orother evidence should be covered or concealed in a manner designed to minimizethe harm and continued exposure to students of such evidence, but that will notpermanently damage or destroy such evidence or otherwise limit its utility in anongoing investigation or prosecution.
The local police department and the county prosecutor’s office agree to photo-graph or otherwise document the location and content of any such graffiti or otherbias-based evidence as soon as possible, so that such graffiti or other evidence maybe permanently painted over, sandblasted, or otherwise removed or eliminated at theearliest opportunity.
Section 5 - Law Enforcement Response to Mandatory and Presumptive Referrals
A. Prompt Response
The local police department and the county prosecutor’s office agree to treat allmatters involving suspected or confirmed hate crimes or bias-related acts occurringon school property or involving school-aged children as serious matters that warranta prompt, decisive, and thorough law enforcement response. The local police depart-ment and/or the county prosecutor’s office agree to respond promptly to any referralmade pursuant to Section 3 of this Addendum provided, however, that the policedepartment or the prosecutor’s office will immediately dispatch an officer to thescene of a suspected school-based hate crime or bias-related act where the buildingprincipal or school superintendent has conveyed the fact that the suspected actinvolved actual violence against a student or involves a threat against the life of astudent, school employee, or any other person. Furthermore, the police departmentand the county prosecutor’s office agree to respond as soon as possible to any sus-pected incident involving bias-based graffiti or other such evidence so that suchgraffiti or other evidence can be photographed or otherwise documented in accor-dance with the provisions of Section 4 of this Addendum so that the graffiti or otherevidence can be removed or otherwise destroyed at the earliest possible opportunityin order to minimize continued exposure and harm to the student population. Anysuspected or confirmed hate crime reportable as a “bias incident” under the NewJersey Bias Incident Investigation Standards promulgated by the Attorney Generalshall be reported by the local police department or the county prosecutor’s office tothe Office of Bias Crimes and Community Relations, Division of Criminal Justice,and to the State Police Uniform Crime Reporting Unit or the State Police CentralSecurity Unit, as required by the standards.
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B. Protective Services
The local police department and the county prosecutor’s office are available onrequest and, subject to the availability of resources, to provide protective services toany victim or potential victim of a hate crime. The police department and theprosecutor’s office agree to take such steps as are necessary and appropriate in thecircumstances to prevent further violence or harm committed against a victim, or toprevent a violent retaliation or any other physical or psychological harm directedagainst any student or any person. The responding law enforcement officer shallevaluate the circumstances of the suspected or confirmed hate crime or bias-relatedact and shall immediately report to his or her superiors the need for providing anysuch protective services to or on behalf of any victim or potential victim.
C. Full Investigation
The local police department and/or the county prosecutor’s office shall uponreceipt of any information pursuant to Section 3 of this Addendum conduct a fulland thorough investigation in accordance with the Bias Incident Investigation Stan-dards promulgated by the Attorney General.
D. Advice as to Bias Incident Investigation Standards and Juvenile JusticeSystem Practices and Procedures
The local police department and the county prosecutor’s office shall be avail-able on an ongoing basis to explain to school officials the provisions and require-ments of the Bias lncident Investigation Standards promulgated by the AttorneyGeneral and the practices and procedures of the juvenile justice system with respectto the handling of juveniles suspected of or formally charged with acts of bias-baseddelinquency. The local police department and the county prosecutor’s office shallalso provide on an ongoing basis information concerning the services and resourcesavailable within the juvenile justice system to deal with bias-based acts of delin-quency, including stationhouse adjustments, referrals to Juvenile Conference Com-mittees, and other pre-adjudication diversion programs, and post-adjudication dispo-sition options that are available in the county.
Section 6 - Services Provided by County Prosecutor
A. Availability of Services
The county prosecutor’s office maintains a victim/witness unit that providesservices to all victims of crime. The county prosecutor’s office remains available toprovide counseling and other services to the victims or potential victims of hatecrimes and bias-related acts. Requests for victim/witness services should be directedby the building principal or local superintendent of schools to the countyprosecutor’s office.
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B. Predisposition Impact Statement
In the event that a hate crime or bias-related act results in a criminal convic-tion or adjudication of delinquency, the county prosecutor’s office should solicitinformation from all victims, potential victims and other members of the school com-munity who were in any way harmed or traumatized by the unlawful act. Suchinformation should be included in a “community impact statement” that can beprovided to the court by the county prosecutor and that would serve to advise thecourt as to the true impact of the offense and its effect on schoolchildren and theresidents of the affected community, so as to begin the difficult healing processfollowing the conviction or adjudication of delinquency. The prosecutor’s officeshould solicit the input and assistance of the building principal, the local superin-tendent of schools, and other appropriate school employees as may be designated bythe building principal or local superintendent, to ensure the prompt preparation of athorough and accurate community impact statement for use by the courts. No stu-dent shall be solicited for input in the development or preparation of a communityimpact statement without a representative of the prosecutor’s office first providingnotice to the building principal and local superintendent.
C. Legal Advice
The county prosecutor’s office shall be available on a 24-hour basis to answerany questions posed by the building principal or the local superintendent of schoolsregarding New Jersey’s laws concerning hate crimes or bias-related acts, the BiasIncident Investigation Standards promulgated by the Attorney General, or the imple-mentation of this Addendum. Nothing in this section shall be construed in any wayto preclude the building principal, local superintendent, or any other school officialfrom soliciting legal advice from the school board attorney or any other attorneyrepresenting the school district.
D. Seminars and Public Education Concerning Hate Crimes and Bias-RelatedActs
Representatives from the local police department and the county prosecutor’soffice will be available upon invitation of the building principal and local school su-perintendent to address students, teachers and/or parents concerning the nature,prevalence, and impact of hate crimes and bias-related acts.
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E. Instruction to Students
The parties to this Agreement understand and accept that education emergesas one of the most promising means available by which to promote racial, ethnic,disability, sexual orientation, and religious tolerance and by which to prevent thecommission of hate crimes and bias-related acts. Toward that end, a number ofinnovative programs and curricula have been developed by numerous organizationsthat are designed to teach students about the nature and history of discrimination.For example, the Department of Education and the Attorney General’s Office of BiasCrime and Community Relations has developed a Prejudice Reduction EducationProgram (PREP). It is understood and agreed that education officials are at all timesultimately responsible for providing, supervising, monitoring, evaluating, and other-wise ensuring the consistent high quality of all educational curricula and instruc-tional programs provided to students, whether the instruction is to be provided gen-erally to the student population as part of the regular curriculum or is to be providedto select students who are subject to in-school suspension or any other form ofschool-based discipline. It is understood and agreed that no law enforcement officershall be permitted to provide a course of instruction to students or to address stu-dents on the subject of hate crimes or bias-related acts in an assembly, unless theofficer has been invited or requested to provide such course of instruction or addressby the building principal or local superintendent, or the course of the instructionhas otherwise been approved by an appropriate school official.
Section 7 - Training
The parties to this agreement recognize that the enlightened principles, poli-cies and procedures established herein to address the evolving problem of hatecrimes and bias-related acts occurring on school property or involving school stu-dents can only work where steps are taken to make certain that all school employ-ees, including but not limited to professional staff members, are aware of the rightsand responsibilities established in this Addendum. So as to foster and institutional-ize the spirit of communication and cooperation underlying this Addendum, thechief school administrator hereby agrees to establish a training program, to be devel-oped in conjunction with the local police department and the county prosecutor’soffice, to make available instruction and orientation to all appropriate school districtemployees concerning the need for and provisions of this Addendum. This instruc-tion and orientation program should stress the importance of responding promptly,decisively, and predictably to all suspected or confirmed hate crimes or bias-relatedacts occurring on school property or involving students. The local police departmentand the county prosecutor’s office remain available to assist in any way necessary indeveloping or providing this orientation to school staff. In addition, the Office of BiasCrimes and Community Relations in the New Jersey Division of Criminal Justice hastraining material and a seminar available to assist districts in providing training forboth teachers and students. The Office of Bias Crimes and Community Relationsmay be contacted at 609/984-1936.
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