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Elk Grove USD  |  BP  5145.11  Students

Questioning And Apprehension By Law Enforcement   

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The Board of Education believes that the safety of District students and staff is essential to achieving the goal of student learning. The Board of Education also recognizes that the safety of students, staff and other person on school grounds and at school related activities or events will sometimes require the presence and involvement of law enforcement.

The Board of Education prefers that, unless necessary to protect the safety of students, staff or other persons, any law enforcement contact with students be made outside of the school setting, school grounds, school activities or events.

The Superintendent or designee shall collaborate with local law enforcement agencies to establish procedures which enable law enforcement officers to carry out their duties on school campus, including, when necessary, the questioning and/or apprehension of students, and in a way that does not unnecessarily disrupt or otherwise impact the educational process and school environment. If the officer determines the need to interview or question the student immediately, the principal or designee shall accommodate the process in a way that causes the least possible disruption to the school, gives the student appropriate privacy and respects the student's personal dignity, and models exemplary cooperation with law enforcement authorities.

In accordance with standards specified in law, law enforcement officers may interview and question students on school premises and may remove them from the school premise when lawful and appropriate. School officials do not have legal authority to obstruct or otherwise deny requests by law enforcement to conduct such activities on school grounds.

(cf. 5142 - Safety)

(cf. 0450 - Comprehensive Safety Plan)

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

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

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5144.3 - Roles and Responsibilities of School Administrators and Law Enforcement Relative to Student Behavior)

(cf. 5145.12 - Search and Seizure)

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 ELK GROVE UNIFIED SCHOOL DISTRICT

adopted: October 29, 1984 Elk Grove, California

revised: June 1, 1987

revised: October 17, 1994

revised: April 18, 2006

revised: November 13, 2018