(4) A law enforcement agency having jurisdiction over the school may assist school personnel in conducting a search of a pupil's locker and the locker's contents if that assistance is at the request of the school principal or his or her designee and the search is conducted in accordance with the policy under subsection (2).
Michigan School Discipline Laws & Regulations: Referrals to Law Enforcement
Michigan School Discipline Laws & Regulations: Referrals to Law Enforcement
Category: Partnerships between Schools and Law Enforcement
Subcategory: Referrals to Law Enforcement
State: Michigan
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LAWS
380.1306. School lockers; no presumption of privacy; search policy; assistance of law enforcement agency; model policy; admissibility of evidence.
380.1308. Statewide school safety information policy.
(1) Not later than October 6, 1999, the superintendent of public instruction, attorney general, and director of the department of state police shall adopt, publish, and distribute to school boards, county prosecutors, and local law enforcement agencies the statewide school safety information policy described in subsection (2). Not later than January 6, 2000, each school board, county prosecutor, and local law enforcement agency shall do both of the following:
(a) Meet and confer as appropriate on the implementation of the statewide school safety information policy for each school district and on any related issues that are unique to the affected locality. The appropriate local law enforcement agency or agencies to be involved must be determined locally, consistent with the statewide school safety information policy.
(b) Begin compliance with the statewide school safety information policy.
(2) The statewide school safety information policy required under subsection (1) must identify the types of incidents occurring at school that must be reported to law enforcement agencies and must establish procedures to be followed when such an incident occurs at school. The statewide school safety information policy also may address procedures for reporting incidents involving possession of a dangerous weapon as required under section 1313. The statewide school safety information policy must address at least all of the following:
(a) Law enforcement protocols and priorities for the reporting process. The law enforcement protocols must be developed with the cooperation of the appropriate state or local law enforcement agency. The law enforcement priorities must include at least investigation of reported incidents, identification of those involved in a reported incident, assistance in prevention of these types of incidents, and, when appropriate, assistance from a child protection agency.
(b) Definition of the types of incidents requiring reporting to law enforcement and response by law enforcement, taking into account the intent of the actor and the circumstances surrounding the incident.
(c) Protocols for responding to reportable incidents, addressing at least all of the following:
(i) Initial notification and reporting by school officials.
(ii) The information to be provided by school officials.
(iii) Initial response by law enforcement agencies, that must be specifically tailored for incidents in progress, incidents not in progress, and incidents involving delayed reporting. School officials shall be consulted to determine the extent of law enforcement involvement required by the situation.
(iv) Custody of actors.
(d) The amount and nature of assistance to be provided by school officials, and the scope of their involvement in law enforcement procedures. This provision requires school officials to notify the parent or legal guardian of a minor pupil who is a victim or witness when law enforcement authorities interview the pupil.
(e) Any other matters that will facilitate reporting of incidents affecting school safety and the exchange of other information affecting school safety.
(3) A school board or its designee shall report to the appropriate state or local law enforcement agencies and prosecutors all information that is required to be reported to those officials under the statewide school safety information policy.
(4) If school officials of a school district determine that an incident has occurred at school that is required to be reported to law enforcement agencies according to the statewide school safety information policy under this section or under subsection (3), the superintendent of the school district, or his or her designee, immediately shall report that finding to the appropriate state or local law enforcement agency in the manner prescribed in the statewide school safety information policy.
(5) If provided in the statewide school safety information policy under this section, a local law enforcement agency that has jurisdiction over a school building of a school district shall report to the school officials of the school building incidents reported to the law enforcement agency that allege the commission of a crime and that, according to the incident report, either occurred on school property or within 1,000 feet of the school property or involved a pupil or staff member of the school as a victim or alleged perpetrator. Upon request by a law enforcement agency, school officials shall provide the law enforcement agency with any information the law enforcement agency determines it needs to provide this report to school officials.
(6) If provided in the statewide school safety information policy under this section, the prosecuting attorney of a county shall notify a school district located in whole or in part in that county of any criminal or juvenile court action initiated or taken against a pupil of the school district, including, but not limited to, convictions, adjudications, and dispositions. This notification must be made to either the school district superintendent or to the intermediate superintendent of the intermediate school district in which the county is located, as provided in the policy or by local agreement. If the notification is made to the intermediate superintendent, the intermediate superintendent shall forward the information to the superintendent of the school district in which the pupil is enrolled. Upon receipt of information under this subsection, a school district superintendent shall share the information with appropriate school building personnel. The prosecuting attorney may inquire of each school age individual involved in a court action described in this subsection whether the individual is a pupil in a school district and, if so, in which school district.
(7) If provided for in the statewide school safety information policy under this section, the appropriate court shall inform an appropriate school administrator of the name of the individual assigned to monitor a convicted or adjudicated youth attending a public school and of how that individual may be contacted.
(8) A school board, county prosecutor, and local law enforcement agency may enter into a local agreement or take other measures to facilitate the sharing of school safety information or to promote school safety if the agreement or other measures are consistent with the statewide school safety information policy.
(9) A school board shall cooperate with local law enforcement agencies to ensure that detailed and accurate building plans, blueprints or critical incident mapping data, and site plans, as appropriate, for each school building operated by the school board are provided to the appropriate local law enforcement agency. Critical incident mapping data provided pursuant to this subsection must meet all of the following requirements:
(a) Be compatible with software platforms used by a local, state, or federal public safety agency that provide emergency services.
(b) Be provided in a printable format
(c) Be verified for accuracy through a walkthrough of a school building and school grounds.
(d) Be oriented true north.
(10) Reporting of information by a school district or school personnel under this section is subject to 20 USC 1232g, commonly referred to as the family educational rights and privacy act of 1974.
(11) If a pupil is involved in an incident reported to law enforcement according to the statewide school safety information policy under this section, then upon request by school officials, the pupil's parent or legal guardian shall execute any waivers or consents necessary to allow school officials access to school, court, or other pertinent records of the pupil concerning the incident and action taken as a result of the incident.
(12) As used in this section:
(a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
(b) “Critical incident mapping data” means information provided in an electronic or digital format to assist law enforcement or emergency first responders in an emergency. The information provided must include, but is not limited to, all of the following:
(i) Accurate floor plans overlaid on or current aerial imagery of a school building or school plan.
(ii) Site specific labeling that matches the structure of the school building, including room labels, hallways names, external door or stairwell numbers, locations of hazards, key utility locations, key boxes, automated external defibrillators, and trauma kits.
(iii) Site specific labeling that matches the school grounds, including parking areas athletic fields, surrounding roads, and neighboring properties.
(iv) Grided overlay with x/y coordinates.
(c) "School board" and "school district" mean those terms as defined in section 1311.
380.1311a. Physical assault by pupil against employee, volunteer, or contractor; expulsion; verbal assault or bomb threat; suspension or expulsion; alternative services; referral; reinstatement; immunity from liability; petition for reinstatement form; rights of pupils eligible for special education programs and services; eligibility of school for prorated share of foundation allowance; report of assaults; responsibility for enrollment in educational program; definitions.
(10) A school board or its designee shall report all assaults described in subsection (1) or (2) to appropriate state or local law enforcement officials and prosecutors as provided in the statewide school safety information policy under section 1308.
380.1313. Dangerous weapon found in possession of pupil; report; confiscation by school official; determination of legal owner; "dangerous weapon" defined.
(1) If a dangerous weapon is found in the possession of a pupil while the pupil is in attendance at school or a school activity or while the pupil is enroute to or from school on a school bus, the superintendent of the school district or intermediate school district, or his or her designee, immediately shall report that finding to the pupil's parent or legal guardian and the local law enforcement agency.
(2) If a school official finds that a dangerous weapon is in the possession of a pupil as described in subsection (1), the school official may confiscate the dangerous weapon or shall request a law enforcement agency to respond as soon as possible and to confiscate the dangerous weapon. If a school official confiscates a dangerous weapon under this subsection, the school official shall give the dangerous weapon to a law enforcement agency and shall not release the dangerous weapon to any other person, including the legal owner of the dangerous weapon. A school official who complies in good faith with this section is not civilly or criminally liable for that compliance.
752.913. Potential self-harm and potential harm or criminal acts directed at school students, school employees, or schools; establishment of program for receiving reports and information from public; hotline; operational and administrative oversight; report; referral to community mental health services program psychiatric crisis line; source of information on available community mental health resources and contacts; notice; biannual update of emergency contact information.
(1) The department, in consultation with the department of health and human services and the department of education, shall, to the extent that funds are appropriated for the purpose, establish a program for receiving reports and other information from the public regarding potential self-harm and potential harm or criminal acts, including, but not limited to, sexual abuse, assault, or rape, directed at school students, school employees, or schools in this state. The department shall establish the program within the guidelines of this act. The department shall have access to the information needed to meet the reporting requirements of section 8.
(2) The program described in subsection (1) must include a hotline for receiving reports and information described in subsection (1). The hotline must be available for use 24 hours a day, 365 days a year. The department may provide promotional information regarding the program on its departmental website.
(3) Beginning on the date that the hotline established under this act is operational, all calls received by any existing state-run school violence hotline in operation before the establishment of this act must be directed to the hotline established under this act. Any existing state-run school violence hotline in operation before December 13, 2013 must be disconnected within 6 months after the hotline established under this act is operational.
(4) The department is responsible for the continued operational and administrative oversight of the program. The program must provide for a means to review all information submitted through the hotline and to direct those reports and that information, including any analysis of the potential threat as determined appropriate by the department to local law enforcement officials and school officials. The program must include a means by which responses at the local level are determined and evaluated for effectiveness. The department shall ensure that appropriate training is provided to program personnel in all of the following areas:
(a) Crisis management, including recognizing mental illness and emotional disturbance.
(b) The resources that are available in the community for providing mental health treatment and other human services.
(c) Other matters determined by the department to be relevant to the administration and operation of the program.
(5) A report or other information submitted to the hotline is considered to be a report to a law enforcement agency and must be maintained as a record by the department for at least 1 year, subject to the confidentiality requirements of this act.
(6) The department shall ensure that any hotline information that suggests that a psychiatric emergency is taking place within a county is immediately referred to the community mental health services program psychiatric crisis line for that county.
(7) The department shall develop a source of information on available community mental health resources and contacts, including mental health services. The department shall notify schools and law enforcement of this information source. The notice must include the departmental recommendation that schools and law enforcement, on investigating a case and determining that mental illness or emotional disturbance is or may be involved, utilize this information in aiding subjects and their parents or guardians.
(8) At least biannually, the governing body of a school shall provide to the department current emergency contact information for at least 1 school official to ensure that a school official is able to receive information under subsection (4) at all times. If a governing body provides contact information for more than 1 school official, the governing body shall specify the days and times that each school official is available to receive information under subsection (4).
REGULATIONS
No relevant regulations found.