GRA - RELATIONS WITH GOVERNMENTAL ENTITIES: LOCAL GOVERNMENTAL AUTHORITIES

REPORTS TO LOCAL LAW ENFORCEMENT

The Principal, or a school employee under his or her supervision who is designated by the Principal, shall notify the Austin Police Department 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, without regard to whether the activity is investigated by school security officers:

  1. Conduct that may constitute an offense listed in Government Code 508.149; deadly conduct, as described by Penal Code 22.05; or a terroristic threat, as described by Penal Code 22.07. [See GRA(EXHIBIT)]
  2. The use, sale, or possession of a controlled substance, drug paraphernalia, or marijuana, as defined by Chapter 481, Health and Safety Code.
  3. The possession of any of the weapons or devices listed in Penal Code 46.01(1)-(14) or (16). [See FNCG]
  4. The possession of a weapon as defined by 18 U.S.C. Section 921, in accordance with the Gun-Free Schools Act. [See FOD]
  5. Conduct that may constitute a criminal offense under Penal Code 71.02, Engaging in Organized Criminal Activity. [See GRA(EXHIBIT)]
  6. Conduct that may constitute a criminal offense for which a student may be expelled under Education Code 37.007(a), (d), or (e).

The report shall include the name and address of each student the person believes may have participated in the activity, but is not required if the person reasonably believes that the activity does not constitute a criminal offense.

Education Code 37.015, 37.007(e)

REPORTS TO JUVENILE JUSTICE AGENCY

The Superintendent or designee may disclose information contained in a student's educational records to a juvenile justice agency if the disclosure is under an interagency agreement authorized by Family Code 58.0051.

The School is not required or authorized to release student-level information except in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). [See FL]

Education Code 37.084

STUDENTS TAKEN INTO CUSTODY

The School shall permit a student to be taken into custody:

  1. Pursuant to an order of the juvenile court.
  2. Pursuant to the laws of arrest.
  3. By a law enforcement officer if there is probable cause to believe the student has engaged in delinquent conduct or conduct in need of supervision.
  4. By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court.
  5. Pursuant to a properly issued directive to apprehend.
  6. By an authorized representative of Child Protective Services (CPS), Texas Department of Protective and Regulatory Services, a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in Family Code 262.104 relating to the student's physical health or safety.

Family Code 52.01, 262.104

NOTICE FROM LAW ENFORCEMENT

Arrest of Student

A law enforcement agency that arrests any person or refers a child to the office or official designated by the juvenile board who the agency knows or believes is enrolled as a student in the School shall orally notify the Superintendent or designee of that arrest or referral within 24 hours after the arrest or referral is made, or on the next school day. Within seven days after oral notice is given, the law enforcement agency shall mail written notice. Both the oral and written notice shall contain sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the Superintendent or the Superintendent's designee to determine whether there is a reasonable belief that the student has engaged in conduct defined as a felony offense by the Penal Code. The information contained in the notice may be considered by the Superintendent or designee in making such a determination. This notice shall be made only if the student has been arrested or referred for committing an offense specified at REPORTABLE OFFENSES. Code of Criminal Procedure 15.27(a)

Notice of Disposition of Charges

On conviction, deferred prosecution, deferred adjudication, or adjudication of delinquent conduct of a student, for an offense or for any conduct specified at REPORTABLE OFFENSES, the office of the prosecuting attorney shall orally and in writing notify the Superintendent or designee of the conviction, deferred prosecution, deferred adjudication, or adjudication. Code of Criminal Procedure 15.27(b)

The office of the prosecuting attorney or the office or official designated by the juvenile board shall, within two working days, notify the School that removed a student to a disciplinary alternative education program, if:

  1. Prosecution of the student's case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or
  2. The court or jury found the student not guilty or made a finding the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.

Code of Criminal Procedure 15.27(g)

Sex Offender

The local law enforcement authority shall immediately provide notice to the Superintendent of the district in which the person subject to registration under the Sex Offender Registration Program intends to reside, by mail to the office of the Superintendent, as set out below.

LAW ENFORCEMENT NOTICE TO SUPERINTENDENT

A local law enforcement authority shall provide notice to the Superintendent only if:

  1. The victim was at the time of the offense a child younger than 17 years of age or a student enrolled in the School’s secondary program;
  2. The person subject to registration is a student enrolled in the School’s secondary program; or
  3. The basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Penal Code 43.25 (Sexual Performance by a Child) or 43.26 (Possession or Promotion of Child Pornography), or a substantially similar offense.

A local law enforcement authority may not provide notice to the Superintendent if the basis for the notice is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 25.02, Penal Code (Prohibited Sexual Conduct, relating to incest), or a substantially similar offense.

Code of Criminal Procedure Art. 62.032

NOTICE TO PERSONNEL

Arrest of Student

The Superintendent shall notify all instructional and support personnel who have responsibility for supervising a student who has been arrested or taken into custody as provided by a law enforcement agency. All personnel shall keep the information received confidential. Code of Criminal Procedure 15.27(a)

Conviction or Adjudication of Student

When the Superintendent or designee receives information from a prosecuting attorney of a student's conviction, deferred prosecution, deferred adjudication, or adjudication of delinquent conduct for an offense specified at REPORTABLE OFFENSES, the Superintendent or designee shall promptly notify all instructional and support personnel who have regular contact with the student. Code of Criminal Procedure 15.27(b)

Sex Offender

On receipt of the notice from law enforcement regarding a registered sex offender, the Superintendent shall release the information contained in the notice to appropriate district personnel, including peace officers and security personnel, principals, nurses, and counselors. Code of Criminal Procedure 62.03(e), 62.04(f)

REPORTABLE OFFENSES

The following are reportable offenses for purposes of this policy:

  1. Any felony offense; and
  2. The following misdemeanors:
    1. An offense under Penal Code 20.02 (Unlawful Restraint), 21.08 (Indecent Exposure), 22.01 (Assault), 22.05 (Deadly Conduct), 22.07 (Terroristic Threat), or 71.02 (Engaging in Organized Criminal Activity);
    2. The unlawful use, sale, or possession of a controlled substance, drug paraphernalia, or marijuana, as defined by Health and Safety Code Chapter 481; and
    3. The unlawful possession of any of the weapons or devices listed in Penal Code 46.01(1)-(14) or (16), or a weapon listed as a prohibited weapon under Penal Code 46.05.

Code of Criminal Procedure 15.27(h)

Adopted: 3/27/92

Amended: 1/29/93, 11/14/97, 5/25/05

Reviewed:

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