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

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law requires districts to refer students to local law enforcement for any offense that may be a violation of the criminal code.

North Dakota Century Code 15.1-19-18. Bullying - Prohibition by policy.

  1. The policy required by this section must:
    • a.  Include a definition of bullying that at least encompasses the conduct described in section 15.1-19-17;
    • b.  Establish procedures for reporting and documenting alleged acts of bullying, reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
    • c.  Establish procedures, including timelines, for school district personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
    • d.  Establish a schedule for the retention of any documents generated while investigating reports of alleged bullying, reprisal, or retaliation;
    • e.  Set forth the disciplinary measures applicable to an individual who engaged in bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
    • f.  Require the notification of law enforcement personnel if an investigation by school district personnel results in a reasonable suspicion that a crime might have occurred;

North Dakota Century Code 15.1-19-13. Alcohol or controlled substance - Use or possession by student - Notification of principal - Exception.

If a teacher knows or has reason to believe that a student is using, is in possession of, or is delivering alcohol or a controlled substance while the student is on school property, involved in a school-related activity, or in attendance at a school-sponsored event, the teacher shall notify the student’s principal. The notification requirement in this section does not apply to a teacher or administrator who participates in a juvenile drug court program and receives confidential information regarding a student as a result of participation in the program. This section does not prevent a teacher or any other school employee from reporting to a law enforcement agency any violation of law occurring on school property, at a school-related activity, or at a school-sponsored event.

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