6A:16-6.2 Development and implementation of policies and procedures

(a) District policies and procedures developed pursuant to this subchapter shall be:

1. Developed, implemented, and revised, as necessary, in consultation with the county prosecutor and such other law enforcement officials as may be designated by the county prosecutor;

2. Reviewed and approved by the county superintendent;

3. Made available annually to all school staff, students and parents; and

4. Consistent with reporting, notification and examination procedures of students suspected of being under the influence of alcohol and other drugs according to the requirements of N.J.A.C. 6A:16-4.3 .

(b) District policies and procedures shall include the following components:

1. The designation of liaisons to law enforcement agencies and the description of their roles and responsibilities by the district chief school administrator;

2. Specific procedures for and responsibilities of staff in summoning appropriate law enforcement authorities onto school property for the purpose of conducting law enforcement investigations, searches, seizures and arrests;

3. Specific procedures for and responsibilities of staff in cooperating with arrests made by law enforcement authorities on school property;

4. Specific procedures for and responsibilities of staff in initiating or conducting searches and seizures of students, their property, and personal effects.

i. All searches and seizures conducted by school staff shall comply with the standards prescribed by the United States Supreme Court in New Jersey v. T.L.O., 469 U.S. 325 (1985) .

ii. Any question concerning searches conducted by school officials shall be directed to the appropriate county prosecutor.

iii. School officials may request that law enforcement authorities assume responsibility for conducting any search or seizure.

iv. No school staff member shall impede any law enforcement officer engaged in a lawful search, seizure, or arrest whether pursuant to a warrant or otherwise.

v. School staff shall permit law enforcement authorities upon their arrival to assume responsibility for conducting any search or seizure.

vi. All inspections of lockers, desks or other objects or personal property on school grounds involving the use of law enforcement drug-detection canines only may be undertaken with the express permission of the county prosecutor or the Director of the Division of Criminal Justice in the New Jersey Department of Law and Public Safety.

vii. Any questions concerning the legality of any contemplated or ongoing search, seizure, or arrest conducted by a law enforcement officer on school property shall be directed to the county prosecutor or, in the case of a search, seizure or arrest undertaken by the Division of Criminal Justice in the New Jersey Department of Law and Public Safety, to the assigned Assistant Attorney General;

5. The procedures for and responsibilities of staff, with regard to interviews of students suspected of possessing or distributing a controlled dangerous substance, including anabolic steroids, drug paraphernalia or a firearm or other deadly weapon;

6. Procedures for planning, approving, and conducting undercover school operations.

i. The chief school administrator and school principal shall cooperate with law enforcement authorities in the planning and conduct of undercover school operations. The chief school administrator shall approve such undercover operations without prior notification to the district board of education.

ii. All information concerning requests to undertake any undercover school operation, information supplied by law enforcement authorities to justify or explain the need for and of a proposed undercover school operation, and all other information concerning an ongoing undercover school operation, including the identity of any undercover officer placed in a school, shall be kept strictly confidential by the chief school administrator and school principal.

iii. The chief school administrator and principal shall not divulge information concerning any undercover school operation to any person without the prior express approval of the county prosecutor or designee.

iv. In the event that the chief school administrator, principal or any other school staff or district board member who may have been informed regarding the existence of the undercover school operation subsequently learns of any information which suggests that the true identity of the undercover officer has been revealed, or that any person has questioned the identity or status of the undercover officer as a bona fide member of the school community, or that the integrity of the undercover school operation has been in any other way compromised, such information shall be immediately communicated to the county prosecutor or designee;

7. The procedures for and responsibilities of staff concerning the safe and proper handling of any seized controlled dangerous substance, including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon, and the prompt delivery of such items to appropriate law enforcement authorities in accordance with this subchapter;

8. The procedures for and responsibilities of staff in notifying authorities of any suspected violation of any laws prohibiting the possession, sale or other distribution of any controlled dangerous substance, including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon;

9. Provisions for requesting uniformed police attendance at extracurricular school events;

10. Provisions for notifying parents as soon as possible whenever a student is arrested for violating any law prohibiting the possession, sale or other distribution of any controlled dangerous substance, including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon;

11. Provisions for the in-service training of school staff concerning policies and procedures established in this subchapter, and the exchange of information regarding the practices of the education and law enforcement agencies;

12. An agreement or memorandum of understanding with appropriate law enforcement authorities.

i. The agreement or memorandum of understanding shall be consistent with the policies and procedures established in this subchapter.

ii. The agreement or memorandum of understanding shall define the reciprocal rights and obligations of students, parents, school staff, and law enforcement officials with respect to the possession, distribution and disposition of controlled dangerous substances, including anabolic steroids, drug paraphernalia, and firearms and other deadly weapons; with respect to the planning and conduct of law enforcement activities and operations, occurring on school property, including arrests and undercover school operations; and with respect to law enforcement's participation in substance abuse prevention programs.

iii. Copies of all agreements or memoranda of understanding entered into with law enforcement authorities shall be approved by the district board of education and shall be submitted to and approved by the county prosecutor and county superintendent of schools.

13. Provisions for resolving disputes concerning law enforcement activities occurring on school property; and

14. An annual process for the local chief school administrator and appropriate law enforcement officials to discuss the implementation and need for revising the agreement or memorandum of understanding, and to review the effectiveness of policies and procedures implemented pursuant to the provisions of this subchapter.

i. The annual review shall include input from the county superintendent, community members and meeting(s) with the county prosecutor and such other law enforcement officials designated by the county prosecutor.