The time is overdue for better police notifications to school personnel when a student is arrested for certain violent crimes or behaviors that may present a possible danger to students and school personnel. Currently in NYS there is no requirement for the police to notify school authorities for any arrest of students under any circumstances. School personnel rely on the police department’s discretion to disclose any arrest or condition that they deem may pose a threat to the students or staff. However, there is no law that requires the police to disclose that information. Imagine a student being arrested for a serious assault with a knife and possession of a weapon while not in school. Do you think the school administration and certain staff should be made aware of that incident? I think so. Again, there is no requirement for the police to share that information with the school. And in this example, they probably wouldn’t. Of course, care must be taken not to “punish” a student who has been arrested for a serious incident since innocent till proven guilty is a constitutional right. But being aware and keeping vigilant is not punishment. In fact, it is a sound policy for prevention and pro-active security.
There is precedent for this type of police notification. Texas Code of Criminal Procedure – CRIM P Art. 15.27, requires the police to notify schools in certain cases of arrest of students. The code is very specific as to when those notifications are required and the procedures for such notifications. The law also specifies who in the school is to receive such notification and what protocols must be followed by school personnel. I have read the entire code and find it to be more aggressive than necessary. But it does form a template for possible legislation in New York State.