North Carolina - Limits on Referrals to Law Enforcement: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law authorizes districts to refer students to local law enforcement or does not address law enforcement reporting other than for federally-mandated reporting for selected offense types.

North Carolina General Statutes 115C-288. Powers and duties of principal.

(g)  To Report Certain Acts to Law Enforcement and the Superintendent. -- When the principal has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency.

Notwithstanding any other provision of law, the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by law.

For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal.

The principal or the principal's designee shall notify the superintendent or the superintendent's designee in writing or by electronic mail regarding any report made to law enforcement under this subsection. This notification shall occur by the end of the workday in which the incident occurred when reasonably possible but not later than the end of the following workday. The superintendent shall provide the information to the local board of education.

Nothing in this subsection shall be interpreted to interfere with the due process rights of school employees or the privacy rights of students.

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