2021 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 16 - Students
Part 2 - Discipline
Subpart 2 - Public School Disciplinary Tribunals
§ 20-2-756. Reports to Law Enforcement Officials

1. 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.
2. 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.

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

- 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."

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 155 (1997).

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).