REGULATION
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
Interviews and/or Detention of Students
by Law Enforcement Officials
This regulation is intended to establish procedures for interviews and/or detention of students by a law enforcement officer or Child Protective Services (CPS) agent in situations involving suspected physical or sexual abuse, neglect, or other unlawful acts. Procedures are also established for situations where information about a student is supplied to law enforcement officers or CPS agents. This policy is a result of a cooperative effort between representatives of law enforcement agencies, including Child Protective Services, and representatives of the District. The intent of this regulation is to standardize procedures for situations involving (1) the interrogation of a student by a law enforcement officer or CPS agent, (2) the removal by a law enforcement officer or CPS agent of a student from school grounds for the student's protection or arrest, and/or (3) the provision of directory information by a school administrator to a law enforcement officer or CPS agent.
Documentation: An administrator (1) who arranges, approves, or is otherwise involved in coordinating contact between a law enforcement officer or CPS agent and a District student, or (2) who provides information about a District student to a law enforcement officer or CPS agent, shall ensure that the following information is documented:
● Name of law enforcement officer or CPS agent.
● Agency that employs officer or agent.
● Badge number of officer or agent.
● Telephone number of officer or agent.
● Date of visit or telephone contact.
● Time of visit or telephone contact.
● Name of each student involved.
● School each student attends.
● Student's grade level for each student.
● A description of the activity conducted (e.g., interview, removal for protection, removal for arrest, supplied directory information).
● A description of any information provided about the student to the officer or agent.
Procedures for school personnel in situations involving law enforcement officers or CPS agents and students: The following is a list of purposes for which a law enforcement officer or CPS agent may visit or telephone the school, with established procedures for each:
● To obtain directory information about a student, e.g., name, address, and/or telephone number. If a school employee is contacted by telephone or otherwise by a law enforcement officer or CPS agent, the call or other contact should be transferred to a school administrator or the administrator's designee. If a law enforcement officer or CPS agent comes to the school, the school administrator or the administrator's designee should be notified immediately, and in any case before information about the student is provided to the officer or agent.
● To interview a student who may have information about an instance of alleged child abuse or neglect, or a suspected violation of law. The school administrator or the administrator's designee should sit in on the interview unless the law enforcement officer or CPS agent objects and the case involves investigation of suspected child abuse or neglect. The parents may or may not be notified, as circumstances warrant, and the issue of whether notification is desirable or appropriate will be discussed by the school administrator or the administrator's designee and the law enforcement officer or CPS agent.
● To interview a student who is a suspected victim of child abuse, neglect, or other violation of law. The school administrator or the administrator's designee should be notified immediately. Diligent effort should be made to protect the privacy of the child and to make him feel secure and comfortable in the interview. Due to the highly sensitive nature of investigations involving physical or sexual abuse of minors, the law enforcement officer or CPS agent may conduct the interview in private. If reasonably possible, a school employee who is trusted by the child, such as a teacher, administrator, social worker, nurse, or counselor, should introduce the student to the officer or agent. When reasonably possible and desired by the student, this employee may be allowed to sit in on the interview. Any District employee sitting in on such an interview must take the role of a silent observer and should recognize that he may be required to be a witness in court as a result of being present in the interview. The parents may or may not be notified, as circumstances warrant, and the issue of whether notification is desirable or appropriate will be discussed by the school administrator or the administrator's designee and the law enforcement officer or CPS agent.
● To interview a student who is suspected of engaging in criminal conduct. The law enforcement officer or CPS agent should be given total charge of the situation. The school administrator or the administrator's designee should sit in on the interview if the parent is not present. The parent should be notified immediately, if reasonably possible.
● To arrest a student. The law enforcement officer or CPS agent should be given total charge of the situation. The school administrator or the administrator's designee should make diligent efforts to contact the parent immediately. No school employee should interfere with the interrogation or arrest of the student by the officer or CPS agent. The school administrator or the administrator's designee, however, should sit in on any interview that occurs at school if the parent is not present.
● To take a student into protective custody. The law enforcement officer or CPS agent has the right to take a student into protective custody. The school administrator or the administrator's designee should verify the identity of the officer or agent by recording the appropriate information from the person's identification card or badge before releasing the student. Efforts should be made to make the student feel comfortable and secure. The student's parents should not be notified unless the alleged perpetrator is not a family member and the investigating officer or agent agrees that the notification is appropriate. In situations where an immediate physical examination is necessary, and if permitted by the law enforcement officer or CPS agent, a school employee such as a nurse or social worker should accompany the student to the hospital to minimize any trauma to the student.
General guidelines and procedures:
● When a student is to be removed from school and the school administrator is not available, the school administrator's designee should be notified. If the school administrator's designee is not available, the assistant superintendent of student services should be notified.
● Information should be given to a law enforcement officer or CPS agent only after the officer or agent has been properly identified. When a telephone call is received, a number should be requested and a return call should be made to the law enforcement officer or CPS agent to prevent false representations. Only directory information should be released without a subpoena or court order.
● District employees should use extreme caution in questioning students who are possible victims of child abuse. The student should be allowed to share as much information about the situation as he desires. It should be recognized, however, that the law enforcement officer or CPS agent will need to interview the student at length, and it is stressful for a minor to have to repeat on numerous occasions information about physical or sexual abuse or neglect. Also, an untrained interviewer may ask questions in a manner that causes difficulties in a later court hearing.
● An employee who becomes aware of any situation involving suspected physical abuse, sexual abuse, or neglect of a minor by either a student report or observation is held legally liable for ensuring that an appropriate report is made to Child Protective Services or a law enforcement agency. Therefore, the employee should make certain that an oral report is made immediately, followed up within seventy-two (72) hours by a written report. Care should be exercised to preserve the confidentiality both for those who make reports and also for those about whom the report is made. The written report should be prepared on standard District forms for reporting child abuse. Each school has copies of this form in the school health office. If further communication is needed with Child Protective Services or the law enforcement agency, the school administrator and a social worker should be contacted.