JIHSTUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
JIHInterviews by School Personnel
School personnel may question students without limitation regarding matters related to school. A school administrator shall contact a student’s parent if a student is interviewed and is then subjected to serious discipline.
Interviews by Law Enforcement and
Department of Child Safety
The District recognizes its obligation to cooperate with law enforcement and the Department of Child Safety ("DCS"). The District also recognizes that Arizona courts have placed emphasis on having a parent present during a juvenile’s custodial interrogation by law enforcement and that school districts may adopt policies requiring parental notification prior to law enforcement interviewing a student on school grounds. (See A.R.S. § 15-342(32) and AG Opinion I04-003.) The following sets out the District's policy regarding law enforcement and/or DCS interviews of students.
1. Interview Unrelated to School -- Possible Child Abuse or Other Criminal Activity that Involves a Parent/Legal Guardian or Other Person in Student’s Home
Law enforcement and/or DCS have the right of immediate access to a student without prior parent/legal guardian notification if: (a) the student to be interviewed is the subject of, or is the sibling of, or is living with a child who is the subject of a child abuse or abandonment investigation involving the student’s parent/legal guardian or another person living in the student’s household; or (b) the interview is related to other criminal activity of the parent/legal guardian or other person living in the student’s home.
In these situations, District personnel will cooperate fully with law enforcement and DCS. A school administrator shall not attend the student interview.
Prior to, during or immediately after the interview of the student, the school administrator may request the consent of law enforcement and/or DCS to allow the administrator to notify the parent/legal guardian of the interview after the interview is completed. If the school administrator does not obtain law enforcement and/or DCS's consent to such parent/legal guardian notification, the school administrator shall not notify the parent/legal guardian of the interview.
The administrator will document the matter on Exhibit JIH-EA.
2. Interview Unrelated to School -- Not Involving Suspected Child Abuse or Criminal Activity of Parent/Legal Guardian or Other Person in Student's Home
In matters where law enforcement requests a student interview unrelated to school, and the interview does not relate to suspected child abuse or other criminal activity by a parent/legal guardian or other person in the student's home (See 1 above), the school administrator shall not permit the student to be interviewed at school. The school administrator shall request that law enforcement contact the student's parent/legal guardian to arrange an interview of the student other than during the school day.
The only exception to the above is when law enforcement represents to the school administrator that exigent circumstances necessitate the immediate interview of a student. Exigent circumstances means that an immediate interview of a student is needed to prevent physical harm to an individual or the destruction of contraband or other evidence.
An administrator may attend the interview in his or her discretion.
Within a reasonable period of time after the interview, unless law enforcement indicates there are special circumstances that would prevent the school administrator from notifying the parent/legal guardian of the matter, the school administrator will notify the parent/legal guardian that law enforcement interviewed the student.
The administrator will document the matter on Exhibit JIH-EA.
3. Interview Related to School -- Not a School Emergency Matter
Prior to any interview of a student by law enforcement concerning a matter related to the school, a school administrator shall make a reasonable effort to notify and obtain parent/legal guardian consent to the interview, except if the matter involves an emergency school safety matter (see 4 below).
If the school administrator is able to obtain parent/legal guardian consent to the interview, the school administrator shall request (but not require) that the parent/legal guardian be present at the interview.
In these situations, a school administrator shall attend the student interview.
If the school administrator cannot make contact with a parent/legal guardian, or the parent/legal guardian does not consent to the interview of his/her student, the school administrator shall inform law enforcement that they must contact the student's parent/legal guardian to arrange an interview.
The administrator will document the matter on Exhibit JIH-EA.
4. Interview Related to School – School Emergency Matter
A school administrator shall grant permission for law enforcement to interview a student without first notifying the student's parent/legal guardian if the matter concerns a school emergency matter and law enforcement represents to the school administrator that exigent circumstances necessitate the immediate interview of a student. A school emergency matter with exigent circumstances means that an immediate interview of a student is needed to prevent physical harm to a student or school staff or to prevent the destruction of contraband or other evidence. (Examples include a student who is suspected of possessing or having information about another student possessing a handgun or other weapon on campus or where delay caused by notifying a parent/legal guardian may result in destruction of evidence or concealment of a crime.)
In these situations, a school administrator shall attend the student interview.
Within a reasonable period of time after the interview, the school administrator will notify the parent/legal guardian that law enforcement interviewed the student unless law enforcement indicates there are special circumstances that would prevent the school administrator from notifying the parent/legal guardian of the matter.
The administrator will document the matter on Exhibit JIH-EA.
5. General Procedures for Interviews by Law Enforcement and Department of Child Safety
School personnel shall direct law enforcement and/or DCS to check in at the front office and speak with a school administrator before proceeding.
To attempt to contact a parent/legal guardian, a school administrator shall use the student’s home telephone number, the parent/legal guardian's mobile number and work number and the student’s emergency contact number.
A school administrator will summon the student to the administration office. Except in extraordinary circumstances as determined by the administrator, law enforcement and/or DCS should remain in the administration office until school personnel seek out the student.
The school administrator should provide a private space for law enforcement and/or DCS to conduct an interview of a student to prevent disruption to the school environment or embarrassment to the student.
A summary of the events of any request by law enforcement and/or DCS to interview a student will be documented and kept on file using Exhibit JIH-EA.
The same general procedures shall apply for arrests and removal of students.
Arrests and Removals of Students by Law
Enforcement and Department of Child Safety
Law enforcement and Department of Child Safety ("DCS") have the right of immediate access to a student without prior notification to the student's parent/legal guardian if law enforcement and/or DCS is making an arrest or is removing a student and taking the student into temporary custody pursuant to A.R.S. §§ 8-303 or 8-821. District personnel will cooperate fully with law enforcement and DCS in these situations.
Within a reasonable period of time after any arrest or removal, the school administrator will notify the parent/legal guardian that law enforcement and/or DCS arrested/removed the student unless law enforcement and/or DCS indicates there are special circumstances that would prevent the school administrator from notifying the parent/legal guardian of the matter.
The administrator will document the matter on Exhibit JIH-EB.
The same general procedures that apply to the interview of students, referenced in the preceding section, shall also apply to the arrest or removal of students.
Searches by School Officials
1. Searches and/or Seizures that Require Reasonable Suspicion
School officials may search and/or seize student property if there are reasonable grounds for suspecting that the search or seizure will reveal evidence that the student has violated or is violating the law or a District policy, procedure or school rule. This authority extends to student backpacks, purses, clothes, vehicles, student-owned electronic/technology devices and electronic storage. Asking a student to disrobe beyond a request to empty pockets, remove socks, shoes, jackets or coats, and/or roll up shirt sleeves or pant legs is overly intrusive for purposes of most student searches.
2. Searches and/or Seizures that Do Not Require Reasonable Suspicion
Items provided to a student by the District are provided as a convenience to the student but remain the property of the school and are subject to the school's control and supervision. Students have no reasonable expectation of privacy concerning the following, and the following may be inspected and/or searched at any time, with or without notice, by school personnel:
● District-owned property including lockers, desks, and other storage areas.
● Electronic devices provided to students by the District, including computers, laptops and tablets, electronic storage devices (e.g., thumb drives, separate hard drives, etc.) and other electronic/technology devices.
● Communications (includes data, words, pictures, drawings, photographs, videos, recordings and sound files) that are sent, received or created using District network electronic information services (EIS), including District-created e-mail accounts, social media communications using District EIS, or District-created storage for electronic communications.
Reporting Suspected Crimes
Staff members are to report any suspected crime against a person or property that is a serious offense, involves a deadly weapon or dangerous instrument or that could pose a threat of death or serious injury and any conduct that poses a threat of death or serious physical injury to employees, students or others on school property. All such reports shall be documented and communicated to the Superintendent who shall be responsible for reporting to local law enforcement. Conduct that is considered to be bullying, harassment or intimidation shall be addressed according to Policy JICK as required in A.R.S 15-341(A)(36).
The District is to notify the parent or legal guardian of each student who is involved in a suspected crime or any conduct that is described above, subject to the requirements of federal law.
Adopted: September 10, 2019
LEGAL REF.:
A.R.S.
1-215
8-303
8-304
8-802
8-821
8-823
13-3881
13-3883
15-153
15-341
15-342
A.G.O.
I04-003
I77-211
I82-094
I88-062
I91-035