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Upon arrival at school, the law enforcement representative
seeking information or access to students will be required to identify
himself or herself and state the purpose of his/her business on campus.
Law enforcement representatives contacting schools may include but are
not limited to the following; city and county agencies - city police officials,
sheriff department officers, juvenile court representatives, and fire
marshals whose jurisdictions are wholly or partly within the boundaries
of the school district; state agencies - investigators attached to various
state departments, e.g., attorney general, fire marshall, and labor and
industries; federal agencies - F.B.I. special agents, Secret Service agents,
Internal Revenue Service officers, postal authorities, and Bureau of Indian
Affairs personnel.
Interviewing Students on School Premises (See Policy 9620-R1
for CPS guidelines)
Law enforcement representatives may interview students as witnesses,
victims or suspects, to obtain information about alleged crimes or criminal
activity. Law enforcement representatives will be asked to interview
students on campus during school hours only as necessary and in ways
which do not unnecessarily interfere with classes and activities. When
a building administrator is requested by a law enforcement representative
to make a student available for an on-campus interview, the building
administrator should attempt to notify the student's parent or guardian
of such interview prior to the interview(s). There may be circumstances
where prior notification of the parent or guardian is not appropriate.
Where advance notification is not appropriate, the building administrator
should notify the parent or guardian as soon as is reasonably possible
after the interview.
The building administrator or designee will provide a setting for the
interview that protects the student's privacy. The student will be called
to the interview in a manner that minimizes disruption of the school's
educational program and the student's education.
The building administrator or designee may (at the administrator's
discretion), be present during the student interview. The building administrator,
or designee, will act as an observer and not as a representative of
either the parent or the student during the interview. The building
administrator, or designee, will not attempt to waive the constitutional
rights or other legal rights of the student or advise the student about
the student's constitutional rights. The building administrator or designee will complete the appropriate
district form as a record of the interview.
Arresting Students on School Premises
A law enforcement representative seeking to arrest a student on school
premises will be requested to notify the building administrator in advance,
if at all possible, of the fact that an arrest will be made on school
premises.
The building administrator will make appropriate arrangements to assist
in locating a student for arrest after the law enforcement representative
has presented identification. Law enforcement representatives shall
be requested to carry out the arrest as unobtrusively as possible. After
the law enforcement representative has taken physical custody of the
student, he/she will be asked to sign the appropriate district form.
The building administrator will attempt to notify the parent or guardian
that the student has been taken into custody. The building administrator,
or designee, shall in all cases notify his/her supervisor of the arrest
by telephone and by completing the appropriate district form.
Taking A Student From School to Protective Custody
A law enforcement representative may legally take a student, or cause
a student to be taken, into protective custody without a court order
if there is probable cause to believe that the student is abused or
neglected and that the student may be injured.
The building administrator or designee will secure identification and
justification from the law enforcement representative for removal of
the student from school. Before leaving the school with the student,
the law enforcement representative will be asked to sign the appropriate
district form.
The law enforcement representative taking the student into custody
will attempt to notify the student's parent or guardian that the student
is in protective custody. If the building administrator is informed
that notice will not be provided to the parent or guardian, the building
administrator will attempt to notify, where appropriate, the parent
or guardian.
Interviewing School Staff
Law enforcement representatives desiring to interview school staff
at school will contact the building administrator who will make appropriate
arrangements for the interview. Building administrators may, at their
discretion, be present for such interviews.
It is expected that school staff members will cooperate with law enforcement
representatives in a manner consistent with a citizen's duty not to
obstruct criminal investigations. If the building administrator learns
that a staff member is suspected of criminal involvement, the building
administrator shall inform his/her supervisor. School staff members
suspected of criminal involvement will be responsible for seeking their
own legal representation, if such representation is desired.
Release of Student Information to Law Enforcement Representatives
Requests by law enforcement representatives for student information
will be made to the building administrator or designee. With a court
order or lawfully issued subpoena, the law enforcement representative,
including probation officers, shall be allowed access to student information
specified in the court order.
Directory information, including parent names and phone numbers, of
enrolled students or individuals no longer enrolled in the district
will be made available to law enforcement representatives. Additional
student information may be made available to law enforcement representatives
if the information is necessary to protect the student or other individuals
from an emergency threat to their health or safety. If an emergency
threat does not exist, the request may be directed to the appropriate
superintendent's staff member for a determination regarding release
of the information.
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