5215 -REPORTING INFORMATION TO EXTERNAL AGENCIES
It is the policy of the Board of Education in serious matters relating to the safety and welfare of students and employees that certain actions and information be reported to external agencies as required by law or regulation.
5215.1 State Superintendent of Public Instruction Any administrator, including the Superintendent, assistant superintendent, associate superintendent, personnel administrator or principal, who knows or has substantial reason to believe that a certified employee has engaged in illegal or immoral behavior amounting to physical or sexual abuse of a child shall report the information to the State Superintendent of Public Instruction. Failure to report such information constitutes grounds for certificate revocation or suspension.
For purposes of this requirement, physical abuse means the infliction of serious physical injury other than by accidental means and other than self defense. The term sexual abuse means the commission of any sexual act upon a student or causing a student to commit a sexual act regardless of the age of the student and regardless of the presence or absence of consent.
5215.2 Law Enforcement Any principal, assistant principal or designee who has a reasonable belief that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, kidnaping, possession of a firearm or other weapon in violation of the law, or possession of a controlled substance in violation of the law, shall immediately report the act to the appropriate law enforcement agency.
For purposes of the requirement, "school property" shall include any school building, bus, public school campus, grounds, recreation area, or athletic field in the charge of the principal.
5215.3 Department of Social Services Any principal or designee who has cause to suspect that a child is a dependent juvenile or that a parent, guardian, custodian or caretaker has abused or neglected the child, shall report the situation to the Department of Social Services. Any employee who has cause to suspect that a child is abused, neglected or "dependent" shall report the situation to the principal or designee. In the absence of the principal or designee, the employee shall report the situation directly to the Department of Social Services.
For the purposes of this section, a dependent juvenile is defined as a juvenile in need of assistance or placement because he has no parent, guardian, or custodian responsible for the juvenile's care or supervision or whose parent, guardian or custodian, due to physical or mental incapacity and the absence of an appropriate alternative child care arrangement, is unable to provide for the care or supervision of the child. The definition of caretaker includes any person other than a parent, guardian or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A principal, teacher or other school employee is not a student's caretaker.
5215.4 Department of Health Principals shall report suspected cases of reportable communicable diseases or conditions to the Durham County Health Department for investigation. Without releasing information that would identify the employee, the principal shall also report suspected cases of reportable communicable diseases or conditions to the Superintendent. Any employee who has reason to believe that a fellow employee or a student has a reportable communicable disease and is not following safe practices shall report the situation to his/her principal or supervisor. The principal or supervisor shall report such unsafe conduct to the Durham County Health Department. In the absence of the principal or supervisor, the employee must report the situation to the County Health Director. Confidentiality of reports is protected by law and school officials cannot be liable for making such reports.
In applying this policy, references should be made to the related policies on communicable diseases.
Legal Reference: G.S.115C-288, -400;
Legal Reference: G.S.130A-136; 16 N.C.A.C. 6C.0312
Adopted Effective: July 1, 1999
