Outline of the state of Texas
Texas
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.

Texas Statutes Education Code 37.015 Reports to Local Law Enforcement; Liability

(a)  The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:

  • (1)  conduct that may constitute an offense listed under Section 508.149, Government Code;

  • (2)  deadly conduct under Section 22.05, Penal Code;

  • (3)  a terroristic threat under Section 22.07, Penal Code;

  • (4)  the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;

  • (5)  the possession of any of the weapons or devices listed under Sections 46.01(1)—(14) or Section 46.01(16), Penal Code;

  • (6)  conduct that may constitute a criminal offense under Section 71.02, Penal Code; or

  • (7)  conduct that may constitute a criminal offense for which a student may be expelled under Section 37.007(a), (d), or (e).

(b)  A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.

(c)  A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense.

(d)  The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section.

(e)  The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.

(f)  A person is not liable in civil damages for reporting in good faith as required by this section.

Policy Type
Statute
Source
Texas Statutes