Below, please find an addendum to the 2007 – 2008 Student Code of Conduct. The Appoquinimink School District “Bully Prevention Policy” is required by Delaware law (14 Del. C. § 4112D). It is Appendix V in the Student Code of Conduct. Please review this addition with your child and have a discussion regarding bullying.

Appendix V

APPOQUINIMINK SCHOOL DISTRICT

Bully Prevention Policy

The Appoquinimink School District (hereinafter referred to as “The District”) recognizes that safe learning environments are necessary for students to learn and achieve high academic standards. The District strives to provide safe learning environments for all students and safe working environments for all staff members.

I. PROHIBITION OF BULLYING

To further these goals, and as required by 14 Del. C. § 4112D, the District hereby prohibits the bullying of any person on school property or at school functions or by use of data or computer software that is accessed through a computer, computer system, computer network or other electronic technology of a school district or charter school from grades kindergarten through grade twelve. The District further prohibits reprisal, retaliation or false accusation against a target, witness or person with reliable information about an act of bullying. As used herein, the term “school functions” includes field trips or any officially sponsored school event in the State.

II. THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS POLICY:

A. “Bully” or “Bullying” as used in herein shall mean any intentional written, electronic, verbal or physical act or actions against a student, school volunteer, or school employee that a reasonable person, under the circumstances should know will have the effect of:

1. Placing a student, school volunteer, or school employee in reasonable fear of substantial harm to his or her emotional or physical well-being or substantial damage to his or her property.

2. Creating a hostile, threatening, humiliating or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target; or

3. Interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities or benefits; or

4. Perpetuating bullying by inciting, soliciting or coercing an individual or group to demean, dehumanize, embarrass or cause emotional, psychological or physical harm to another student, school volunteer or school employee.

An act is intentional if it is the person's conscious objective to engage in conduct of that nature.

B. "School property" as used herein means any building, structure, athletic field, sports stadium or real property that is owned, operated, leased or rented by any public school district or charter school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted by any public school or charter school.

III. SCHOOL-WIDE BULLY PREVENTION PROGRAM

Each school shall develop or adopt a school-wide bully prevention program that is research-based. The goals of the school-wide program will be to reduce any existing bullying problems among students, to prevent development of new bullying problems, and to achieve better peer relations and staff-student connections at school. The Principal or Designee of each school will establish a Coordinating Committee, as described in Section IV of this Policy, responsible for coordinating the school's bully prevention program. In addition, each school’s supervisory system in non-classroom areas will be reviewed as set forth in Section IV of this Policy.

IV. COORDINATING COMMITTEE

The Principal or Designee of each school shall establish a site-based committee (hereinafter, “the Committee”) that is responsible for coordinating the school's bully prevention program including the design, approval, and monitoring of the program. A majority of the members of the Committee shall be members of the school professional staff, of which a majority shall be instructional staff. The Committee also shall contain representatives of the administrative staff, support staff, student body (for school enrolling students in grades 7 through 12), parents and staff from the before- or after-school program(s). These representatives shall be chosen by members of each respective group except that representatives of the non-employee groups shall be appointed by the school Principal or Designee. The Committee shall operate on a 1-person, 1-vote principle. In the event a site-based school discipline committee has been established pursuant to § § 1605(7) (a) and (b), of Title 14 of the Delaware Code, that committee shall vote whether or not to accept the aforementioned responsibilities.

Each Committee established pursuant to this Policy shall:

1. Hold regular meetings.

2. Select a coordinator of the School-Wide Bully Prevention Program.

3. Consider, decide upon, and coordinate any staff training sessions (beyond the 1 hour gang and bully prevention training required in 11 Del. C. 4123A), as needed.

4. Create and maintain a training log (either paper or electronic) to keep a record of the school staff who have been trained, and what training they have received.

5. Review the school’s supervisory system for non-classroom areas and make recommendations for modifications, if necessary, to the school’s Principal/Designee.

6. Plan a school kick-off event.

7. Establish subcommittees, as needed.

8. Decide upon and implement methods of notification to students, parents and the community concerning the School-Wide Bully Prevention Program.

The foregoing is not an exclusive list.

V. REPORTING BULLYING INCIDENTS

It is the responsibility of each member of the school community: students, staff members, and parents, to report instances of bullying or suspicions of bullying, with the understanding that all such reports will be listened to and taken seriously.

A. Any staff member that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying shall immediately report it to the administration. The staff member must follow up any initial verbal report of a suspected bullying incident with a written report within 24 hours. The written report shall be reasonably specific as to actions giving rise to the suspicion of bullying and shall include:

1. Persons involved, designating bully, target, and bystanders roles.

2. Time and place of the conduct and alleged number of incidents.

3. Potential student or staff witnesses.

4. Any actions taken.

B. Any student, parent, or other member of the school community who suspects that a bullying incident(s) has occurred, or is, occuring, should immediately report the same to a school staff member or administrator.

VI. INVESTIGATIVE PROCEDURES

A. Each school is required to have a procedure for the administration to promptly investigate all complaints/reports of bullying in a timely manner and determine whether bullying has occurred. Each principal will designate a person or persons to be responsible for responding to bullying complaints. Each confirmed incident of bullying must be recorded in the School Register of Bullying Incidents.

B. All confirmed bullying incidents must be reported to the Department of Education by the Principal or Designee within five (5) working days pursuant to Department of Education regulations.

C. Some acts of bullying may also be crimes which under the School Crime Reporting Law (14 Del. C. § 4112) are required to be reported to the police and/or the Department of Education.

VII. CONSEQUENCES FOR BULLYING

The disciplinary consequences for students involved in bullying incidents are set forth in the Student Code of Conduct and are expressly incorporated by reference into this Policy.

VIII. STAFF MEMBER TRAINING

The District will provide a combined training each year totaling at least one (1) hour in the identification and reporting of criminal youth gang activity pursuant to § 617, Title 11 of the Delaware Code and bullying prevention pursuant to § 4112D, Title 14 of the Delaware Code to all staff members. The training materials shall be prepared by the Department of Justice and the Department of Education in collaboration with law enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association and the Delaware Association of School Administrators. Any in-service training required by this section shall be provided within the contracted school year as provided in 14 Del. C. § 1305(e).

IX. DISCIPLINARY ACTION BASED ON ANONYMOUS REPORTS

Formal disciplinary action solely based solely on anonymous reports is not permitted.

X. NOTIFICATION OF PARENTS

The Principal or Designee shall notify the parent, guardian or relative caregiver pursuant to 14 Del. C. § 202(f), or legal guardian, of any target of bullying or person who bullies.

XI. IMPLEMENTATION BULLYING PREVENTION PROGRAM

The school bullying prevention program must be implemented throughout the year, and integrated with the school's discipline policies and 14 Del. C. § 4112.

XII. ACCOUNTABILITY

The Principal/Designee of each school shall notify the District in writing of their compliance with this policy and submit a copy of the procedures they have adopted under this policy by December 1 of each school year. The Principal/Designee of each school shall verify for the District the method and date that this policy has been distributed, to all students, parents, faculty, and staff.

XIII. OTHER DEFENSES

A. The physical location or time of access of a technology-related incident is not a valid defense in any disciplinary action by the District initiated under this policy provided there is sufficient school nexus.

B. This policy does not apply to any person who uses data or computer software that is accessed through a computer, computer system, computer network or other electronic technology when acting within the scope of his or her lawful employment or investigation of a violation of this policy in accordance with District policy.

XIV. RELATIONSHIP TO SCHOOL CRIME REPORTING LAW

An incident may meet the definition of bullying and also the definition of a particular crime under State or federal law. Nothing in this policy shall prevent school officials from fulfilling all of the reporting requirements of § 4112, Title 14 of the Delaware Code, or from reporting probable crimes that occur on school property or at a school function which are not required to be reported under that section. Nothing in this section shall abrogate the reporting requirements for child abuse or sexual abuse set forth in Chapter 9 of Title 16 of the Delaware Code, or any other reporting requirement under State or federal law.

XV. RULES AND REGULATIONS

Implementation of this policy shall comply with all rules and regulations the Delaware Department of Education may promulgate to implement Title 14 Section 4112D of the Delaware Code.

XVI. NON-CLASSROOM SUPERVISION

To the extent that funding is available, each school must develop a plan for a system of supervision in non-classroom areas. The plan shall provide for the review and exchange of information regarding non-classroom areas.


XVII. PROCEDURE FOR COMMUNICATING WITH MEDICAL AND MENTAL HEALTH PROFESSIONALS

District staff will follow the same procedures for communicating with medical and mental health professionals involved in treating students for bullying issues as are utilized for all other communications with medial and mental health professionals concerning students.

XVIII. LIMITATION/EXCLUSION

Nothing in this policy is intended to prohibit the expression of religious, philosophical or political views, provided that the expression does not substantially disrupt the education environment. Similar behaviors that do not rise to the level of bullying may still be prohibited by other district policies or building, classroom or program rules.