An arrest is not a prerequisite to making an immediate report to local law enforcement.
- Is a report made by a school administration to a school police officer employed by that district or a School Resource Officer (SRO) sufficient to comply with Sections 37-9-14 and 37-11-29?
The reporting of unlawful activity to a district-employed law enforcement officer or SRO does not meet the reporting criteria for these statutes.
- Does the expanded meaning for crimes to be reported by law enforcement to schools as opined in the 1997 AG Opinion to Anderton (all crimes not just the ones listed in 37-11-29 (6)) apply equally to schools?
The Superintendent is required to report any unlawful act that he reasonably believes occurred on educational property or during a school-related activity. This requirement remains regardless of whether reasonable belief is established from the superintendent’s knowledge or from information relayed to the superintendent by a principal, teacher other school employee or a concerned citizen. Furthermore, although this Section states that a superintendent is only required to report any act involving an offense set for in subsection (6), this office would advise a superintendent to report all acts believed to be a crime to local law enforcement, as law enforcement is the appropriate entity to make a factual determination as to what specific crime has been committed.