[§302A-1002]  Reporting of crime-relatedincidents.  The board shall adopt rules pursuant to chapter 91 to:

(1)  Require a report to appropriate authorities froma teacher, official, or other employee of the department who knows or hasreason to believe that an act has been committed or will be committed, which:

(A)  Occurred or will occur on school propertyduring school hours or during activities supervised by the school; and

(B)  Involves crimes relating to arson,assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs,harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs,marijuana or marijuana concentrate, murder, attempted murder, sexual offenses,rendering a false alarm, criminal property damage, robbery, terroristicthreatening, theft, or trespass;

(2)  Establish procedures for disposing of anyincident reported; and

(3)  Impose, in addition to any other powers orauthority the department may have to discipline school officials, appropriatedisciplinary action for failure to report these incidents, including probation,suspension, demotion, and discharge of school officials. [L 1996, c 89, pt of§2]

 

Cross References

 

  Zero tolerance policy for drugs and weapons, see§302A-1134.6.

 

Attorney General Opinions

 

  Bargained for random drug testing program for public schoolteachers with appropriate procedural protections is constitutional and wouldnot violate either the federal or state Constitution.  If a court were to findsuch a program to violate either the federal or state Constitution, thedoctrine of qualified immunity would bar personal liability for any stateofficial; if a court were to impose personal liability, based upon past historyand practice, the legislature would fund payment of the claims.  Att. Gen. Op.08-1.