El Dorado Union HSD | BP 5145.11 Students
Questioning And Apprehension
The Governing Board is committed to providing a safety of district students and staff is essential to achieving the goal of student learning environment and cooperating with law enforcement officials and peace officers as necessary to help ensure the safety of students, staff, and the community and in carrying out their official duties.
(cf. 0450 - Comprehensive Safety Plans)
(cf. 5141.4 - Child Abuse Prevention and Reporting)
(cf. 5145.12 - Search and Seizure)
In accordance with standards specified in law and court decisions, law enforcement officers may interview students on school premises. The Superintendent or designee shall collaborate with local law enforcement agencies to develop parameters under which law enforcement officers will interview students at school.
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
When any law enforcement official requests an interview with a student, the principal or designee shall request that the official provide verification of his/her identity and official capacity and certify the legal authority under which the interview is being conducted. If the officer refuses to provide certification of the legal authority for the interview, the principal or designee shall document such refusal. The principal or designee shall maintain a record of all documentation relative to law enforcement interviews of students.
If the officer needs to interview or question the student immediately, the principal or designee shall accommodate the process in a way that causes the least possible disruption for the student and school, gives the student appropriate privacy, and models exemplary cooperation with law enforcement authorities.
At law enforcement'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 law enforcement has interviewed the student on school premises.
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 a suspected child abuse. (Education Code 48906)
Although subpoenas may legally be served at school on students age 12 or older, the 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 ensure a minimum of embarrassment or loss of class time for the student.
44807 Duty concerning conduct of pupils
48264 Arrest of truants
48265 Delivery of truant
48902 Notice to law authorities
48906 Release of minor pupil to peace officers; notice to parent, guardian or relative
48909 Narcotics and other hallucinogenic drugs (re arrest)
CODE OF CIVIL PROCEDURE
416.60 Service of summons or complaint to a minor
1328 Service of subpoena
WELFARE AND INSTITUTIONS CODE
627 Custody of minor
CODE OF REGULATIONS, TITLE 5
303 Duty to remain at school
Camreta v. Green, (2009, 9th Cir.) 588 F.3d 1011
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)
California Department of Justice, Office of the Attorney General: http://oag.ca.gov
Policy EL DORADO UNION HIGH SCHOOL DISTRICT
adopted: June 2, 1992 Placerville, California
revised: August 24, 2010