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

Prohibitions Or Restrictions
Policy Type: 
regulation; statute

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

South Carolina Code of State Regulations 43-279 Minimum Standards of Student Conduct and Disciplinary Enforcement Procedures to be Implemented by Local School Districts.

  1. Acts of criminal conduct may include, but are not limited to:
    a. Assault and battery that poses a serious threat of injury or results in physical harm;
    b. Extortion;
    c. Threat of the use of a destructive device (bomb, grenade, pipe bomb or other similar device);
    d. Possession, use, or transfer of dangerous weapons;
    e. Sexual offenses;
    f. Vandalism (major);
    g. Theft, possession, or sale of stolen property;
    h. Arson;
    i. Furnishing or selling unauthorized substances, as defined by law and/or local school board policy;
    j. Furnishing, selling, or possession of controlled substances (drugs, narcotics, or poisons);
    k. Illegal use of technology (e.g., communicating a threat of a destructive device, weapon, or event with the intent of intimidating, threatening, or interfering with school activities and maliciously transmitting sexual images of minors other than images of the student or images transmitted with the uncoerced consent of the individual in the images).

  2. "Acts of criminal conduct," for purposes of defining Level III conduct, do not include acts that only amount to disturbing schools, breach of peace, disorderly conduct, or affray under South Carolina law.

  3. The basic enforcement procedures to be followed in instances of criminal conduct are:
    a. Upon observation or notification and verification of a criminal offense, the administrator shall contact the School Resource Officer or local law enforcement authorities immediately.
    b. An administrator shall notify the student's parent or guardian as soon as possible.
    c. An administrator shall impose the appropriate disciplinary action. If warranted, the student shall be removed immediately from the school environment.
    d. Established due process procedures shall be followed when applicable.
    e. A complete record of the incident shall be maintained in accordance with district policy.

South Carolina Code of Laws Section 59-24-60 Requirement of school officials to contact law enforcement authorities when criminal conduct occurs

In addition to other provisions required by law or by regulation of the State Board of Education, school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy.

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