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School officials have a dual responsibility. They must safeguard the rights of students, and even represent students in certain situations. They also must cooperate with law enforcement officers in the legitimate pursuit of their duties.
- Investigations by Law Enforcement Officers
Police officers investigating a case involving an illegal act in which a student may be involved, or about which the student may have information, shall contact the building principal, or his/her designee, before any effort is made to question a student during school hours.
- Contacting Parents
- Investigations Related to Illegal Acts that Occur Off-Campus and are Not School Related:
The principal, or his/her designee, will make a reasonable effort to contact the parent, or guardian, when an officer comes to question or arrest a student related to illegal acts that occur off-campus and that are not school related, unless there is reason to believe that such notification would unduly interfere with the investigation, or that the matter pertains to alleged child abuse. If the principal or designee is unable to reach the parent or guardian the officer should not be delayed further. However, a school official should contact the parent or guardian as soon as possible.
- Investigations Related to Violations of School Policies and Rules:
The principal, or his/her designee, may involve a police officer in investigating violations of school policies and rules, including student interviews, without first contacting the parent. However, if during the investigation, a student becomes a focal suspect to an illegal act, then it is the responsibility of the principal or designee to make a reasonable effort to contact the parent or guardian before allowing an officer to proceed with an interview.
- Questioning of Students
The police officer will observe all the procedural safeguards prescribed by law and his/her agency when questioning a student. An administrator, or designee, will always be present when a student is being questioned, unless the issue pertains to child abuse.
- Taking a Student from the School
The school administrator or designee will not let a police officer, or an official from the Services to Children and Families, take a student from a school building without a court order, an arrest, protective custody from SCF, or permission of the parent or guardian.
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