Table of Contents
| Status | Adopted |
| Original Adopted Date | 08/10/2020 |
| Last Revised Date | 02/21/2023 |
| Last Reviewed Date | 02/21/2023 |
JFGA: Interviews With or Removal of Students
Purpose
The purpose of this policy is to set rules for entities other than district employees who request to interview students at school. This policy does not apply to the day-to-day conversations between students and district employees. Such conversations will be conducted in accordance with board policy governing communications between students and staff, board policy governing parent and family involvement, and state and federal law. School Resource Officers (SROs)
An SRO's role in interviewing students or taking students into custody will be addressed in the agreement between the district and the law enforcement agency commissioning the SRO. Crimes Committed on District Property or at District Activities
If a student is suspected of committing a crime on district property or at a district activity, school officials will contact law enforcement as required by law and board policy. School officials will also contact the student's parent/guardian. District staff will interview the student as part of the misconduct investigation and student discipline process, but law enforcement will not be allowed to interview the student except as described below. Law Enforcement Interviews
Law enforcement officials requesting to interview a student at school will provide the principal or designee the reason for the interview and provide any applicable warrant or court order. The principal or designee will record the identity of the law enforcement officials and the stated reason for the interview.
The district will not allow law enforcement officials to interview students at school unless one of the following applies: The law enforcement official has presented an applicable warrant or court order authorizing the official to take custody of the student or interview the student.
Consent for the interview is provided by the parent/guardian or the student if the student is 18 or older and is otherwise competent to consent.
Exigent circumstances exist that school officials consider sufficient to justify the interview. Exigent circumstances are sufficient if the law enforcement officials demonstrate that delaying the interview may pose a danger to the health or safety of the student, other students, district employees or others. If the interview is permitted, the principal or designee will be present during the interview. Unless the parent/guardian was already contacted, the principal or designee will attempt to contact the parent/guardian immediately after the interview. Removal of Students from School by Law Enforcement Officials
If a law enforcement official or other legally authorized person wishes to remove a student from school, the principal or designee must take the following steps: Verify the identity of any law enforcement official or other legally authorized person before they are allowed to take a student into custody.
Verify, to the best of their ability, the official's authority to take custody of the student before they are allowed to take a student into custody.
Require officials who are determined to have the authority to take custody of a student to remove the student in a manner that minimizes disruption to the school environment.
Attempt to notify the student's parents/guardians that the student is being removed from school. Children's Division (CD) Interviews
CD representatives may meet with students on campus. The district liaison will work with the CD to arrange such meetings to be minimally disruptive to the student's schedule. If the student is an alleged victim of abuse or neglect, the CD may not meet with the student in any school building or childcare facility where the abuse of the student allegedly occurred. The principal or designee will verify and record the identity of any CD representatives who request to meet with or take custody of a student. Guardian Ad Litem and Court-Appointed Special Advocate Interviews
When a court-appointed guardian ad litem or special advocate finds it necessary to interview a student during the school day or during periods of extracurricular activities, the principal or designee must be notified prior to the scheduled interview. The principal or designee will verify and record the individual's identity through the court order that appointed the individual. The interview must be conducted in a private setting and with the least disruption to the student's schedule. Student Records Access
Student records will be provided only in accordance with state and federal law.
Federal
20 U.S.C. § 1232g Family Educational Rights and Privacy Act