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Tuolumne COE |  BP  5145.11  Students

Questioning And Apprehension By Law Enforcement   

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The Tuolumne County Board of Education believes that the safety of district students and staff is essential to achieving the goal of student learning. In accordance with standards specified in law, law enforcement officers may interview and question students on school premises and may remove them when appropriate.

(cf. 0450 - Comprehensive Safety Plan)

(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)

(cf. 3515.3 - District Police/Security Department)

(cf. 4158/4258/4358 - Employee Security)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.12 - Search and Seizure)

Absent extenuating circumstances, police will avoid interviewing students at a school for non-school -related issues. Extenuating circumstances include officers entering school premises in "hot pursuit" of a suspect, or ongoing investigation of a serious nature or felony, or for child abuse investigation, or in response to an emergency, or crime being committed on school property. District staff will maintain positive relationships with law enforcement agencies to ensure fair treatment of all children.

Initial Contact

When any law enforcement officer requests an interview with a student, the principal or designee shall request the officer's identity, his/her official capacity, and the legal authority under which the interview is to be conducted. The principal or designee shall maintain a record of all documentation relative to law enforcement interviews of students.

Preliminary Discussion

The administrator and officer shall discuss whether it is necessary to handle the law enforcement business at the school site. Final responsibility rests with the officer to determine whether the law enforcement business should take place at the school site. (Should a student that is identified by law enforcement be a special needs student, the school administrator will consult the Individual Education Plan (IEP) to determine if any accommodation must be made for the student. If a student is a second language learner, the administrator should determine if a translator is necessary.)

Privacy

The principal or designee shall accommodate the interview in a way that causes the least possible disruption for the student and school and provides the student appropriate privacy. The entire matter should be handled in a manner calculated to minimize embarrassment of the student and the need to provide confidentiality for the "minor" student.

Interviews

When the student arrives at the administrator's office for an interview with the officer, the school administrator will follow the local school district Board Policy regarding the notification of parents/guardians. It is the responsibility of the law enforcement officer to meet any legal requirements from a law enforcement perspective relating to advising a student of constitutional or statutory rights.

If it is found to be appropriate to question a student and if the parent/guardian is not present during the questioning, At the law enforcement officer's discretion and with the student's approval, the principal or designee may be present during the interview.

Except in cases of child abuse or neglect, the principal or designee shall attempt to notify the student's parent/guardian as soon as practicable after the law enforcement officer has interviewed the student on school premises.

Removal from School into the Custody of Law Enforcement

If a minor student is removed from school into the custody of law enforcement, the principal or designee shall immediately notify the parent/guardian or responsible relative regarding the student's release and the place to which he/she is reportedly being taken, except when the minor has been taken into custody as a victim of suspected child abuse. (Education Code 48906)

Subpoenas

Although subpoenas may legally be served at school on students age 12 or older, the County Board believes that serving officials should be strongly urged to serve subpoenas at the home

of the student whenever possible. When served at school, the principal or designee shall take reasonable steps to protect the student's privacy rights and to minimize loss of class time for the student.

Legal Reference:

EDUCATION CODE

44807 Duty concerning conduct of pupils

48264 Arrest of truants

48265 Delivery of truant

48902 Notice to law enforcement authorities

48906 Release of minor pupil to peace officers; notice to parent, guardian

48909 Narcotics and other hallucinogenic drugs (re arrest)

CODE OF CIVIL PROCEDURE

416.60 Service of summons or complaint to a minor

PENAL CODE

830-832.17 Peace officers

1328 Service of subpoena

WELFARE AND INSTITUTIONS CODE

627 Custody of minor

CODE OF REGULATIONS, TITLE 5

303 Duty to remain at school

COURT DECISIONS

Camreta v. Greene, (2011) 131 S.Ct. 2020

People v. Lessie, (2010) 47 Cal. 4th 1152

In re William V., (2003) 111 Cal.App.4th 1464

ATTORNEY GENERAL OPINIONS

54 Ops.Cal.Atty.Gen. 96 (1971)

34 Ops.Cal.Atty.Gen. 93 (1959)

Management Resources:

WEB SITES

California Department of Justice, Office of the Attorney General: http://oag.ca.gov

Policy TUOLUMNE COUNTY SUPERINTENDENT OF SCHOOLS

adopted: May 14, 2018 Sonora, California