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



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



(A)  Occurred or will occur on school property
during 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, terroristic
threatening, theft, or trespass;



(2)  Establish procedures for disposing of any
incident reported; and



(3)  Impose, in addition to any other powers or
authority the department may have to discipline school officials, appropriate
disciplinary 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 school
teachers with appropriate procedural protections is constitutional and would
not violate either the federal or state Constitution.  If a court were to find
such a program to violate either the federal or state Constitution, the
doctrine of qualified immunity would bar personal liability for any state
official; if a court were to impose personal liability, based upon past history
and practice, the legislature would fund payment of the claims.  Att. Gen. Op.
08-1.