South Dakota Codified Laws 26-11-5.1. Provision for notice to school officials and parent or guardian by law enforcementagency where student suspected of violating state drug or alcohol laws or ofthreatening violence
Notwithstanding any other provision of law, a law enforcement agency may provide notice of an incident within its jurisdiction to public or nonpublic school officials and to the parent or guardian of a school student if the incident is one in which the agency has probable cause to believe the school student has violated any provision of state law involving alcohol, illegal drugs, firearms, or bomb threats, or has made any threat of violence relating to any school or its students, employees, or property. However, if there is a prolonged criminal investigation and revealing information would jeopardize a successful conclusion to the case, the law enforcement agency may provide the notice at some later appropriate time. The notice shall be in writing.
Terms Used In South Dakota Codified Laws 26-11-5.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SL 1996, ch 120, § 1; SL 2000, ch 126, § 1.