O.C.G.A.

O.C.G.A. § 20-2-756 (2019)

Reports to law enforcement officials

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any alleged criminal action by a student occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated.

(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process.

History

Code 1981, § 20-2-756, enacted by Ga. L. 1984, p. 908, § 1; Ga. L. 1997, p. 1436, § 7.

Annotations

Editor’s notes. Ga. L. 1997, p. 1436, § 1, not codified by the General Assembly, provides that the

Act shall be known and may be cited as the “School Safety Act.” Law reviews. For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 155 (1997).

ELEMENTARY & SECONDARY EDUC.

JUDICIAL DECISIONS Exercise of discretion in reporting criminal action by student. - Because the school officials exercised their discretion under the law to report alleged criminal action against a school resource officer by the student, there was no evidence that school officials were involved in the decision to admit the student into the youth detention center, and the student was allowed to return to school upon the student’s release from the youth detention center, the disciplinary hearing was not

untimely as there was evidence that the student had not been suspended before the hearing and thus, the superior court erred in reversing the State Board of Education’s decision and remanding the case to the state board with direction to vacate the adjudication of expulsion entered against the student. Fulton County Bd. of Educ. v. D. R. H., 325 Ga. App. 53, 752 S.E.2d 103, 2013 Ga. App. LEXIS 957 (2013).

Notes of Decisions

Cited in 2 cases, 2013–2013 · leading case: Fulton Cnty. Bd. of Educ. v. D. R. H., 752 S.E.2d 103 (Ga. Ct. App. 2013).

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Fulton Cnty. Bd. of Educ. v. D. R. H., 752 S.E.2d 103 (Ga. Ct. App. 2013). · cites it 4× “OCGA §§ 15-11-47 (a) (3); 15-11-2 (10) (“ ‘Juvenile court intake officer’ means the juvenile court judge, associate juvenile court judge, court service worker, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is…”

Fulton Cnty. Bd. of Educ. v. D. R. H. (Ga. Ct. App. 2013). · cites it 4× “31 OCGA § 20-2-756 (emphasis supplied). 20 court system32 provide that “[a] person taking a child into custody .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.