603 CMR, § 49.05 - Notice to Law Enforcement Agency
(1) Before the
first day of each school year, the superintendent or designee of a school
district and the school leader or designee of an approved private day or
residential school, collaborative school, or charter school shall communicate
with the chief of police or designee of the local police department about the
implementation of 603 CMR 49.05 . Such communication may include agreeing on a
method for notification, a process for informal communication, updates of prior
written agreements, or any other subject appropriate to the implementation of
603 CMR 49.05 .
(2) At any point
after receipt of a report of bullying or retaliation, including after an
investigation, the principal shall notify the local law enforcement agency if
the principal has a reasonable basis to believe that criminal charges may be
pursued against the aggressor. Notice shall be consistent with the requirements
of
603 CMR 49.00 and established
agreements with the local law enforcement agency. The principal shall document
the reasons for his or her decision to notify law enforcement. Nothing in 603
CMR 49.05 shall be interpreted to require reporting to a law enforcement agency
in situations in which bullying and retaliation can be handled appropriately
within the school district or school.
(a) In
making the determination whether notification to law enforcement is
appropriate, the principal may consult with the school resource officer and any
other individuals the principal deems appropriate.
(b) Nothing in 603 CMR 49.05 shall prevent
the principal from taking appropriate disciplinary or other action pursuant to
school district or school policy and state law, provided that disciplinary
actions balance the need for accountability with the need to teach appropriate
behavior.
(c) The principal shall
respond to the incident as set forth in relevant provisions of the local plan
consistent with 603 CMR 49.05 .
(3) If an incident of bullying or retaliation
occurs on school grounds and involves a former student younger than 21 years
old who is no longer enrolled in the school district or school, the principal
of the school informed of the bullying or retaliation shall notify the local
law enforcement agency if the principal has a reasonable basis to believe that
criminal charges may be pursued against the aggressor.
(4) Each school district and school shall
include the requirements and procedures for communicating with the local law
enforcement agency in the local plan.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.