Outline of the state of Mississippi
Mississippi
Requires referral for any offense in violation of criminal code

Limits on Referrals to Law Enforcement

Limits on Referrals to Law Enforcement

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

Mississippi Code 37-11-29 Reporting of unlawful activity or violent act on educational property or during school related activity; authority of law enforcement officers; reporting of disposition of charges against student; liability of school person

(3) When the superintendent or his designee has a reasonable belief that an act has occurred on educational property or during a school related activity involving any of the offenses set forth in subsection (6) of this section, the superintendent or his designee shall immediately report the act to the appropriate local law enforcement agency. 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 superintendent. The State Board of Education shall prescribe a form for making reports required under this subsection. Any superintendent or his designee who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-35.

(4) The law enforcement authority shall immediately dispatch an officer to the educational institution and with probable cause the officer is authorized to make an arrest if necessary as provided in Section 99-3-7.

(5) Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.

(6) For purposes of this section, "unlawful activity" means any of the following:

  • (a) Possession or use of a deadly weapon, as defined in Section 97-37-1;

  • (b) Possession, sale or use of any controlled substance;

  • (c) Aggravated assault, as defined in Section 97-3-7;

  • (d) Simple assault, as defined in Section 97-3-7, upon any school employee;

  • (e) Rape, as defined under Mississippi law;

  • (f) Sexual battery, as defined under Mississippi law;

  • (g) Murder, as defined under Mississippi law;

  • (h) Kidnapping, as defined under Mississippi law; or

  • (i) Fondling, touching, handling, etc., a child for lustful purposes, as defined in Section 97-5-23.

Policy Type
Statute
Source
Mississippi Code of 1972