Franklin-McKinley ESD | AR 5145.11 Students
Questioning And Apprehension
The school shall keep a record of any interviews of students by law officers on school premises. Such records shall include the name and identifying number of the officer, the agency employing the officer, the time when he/she arrived and left, the fact that the principal or designee was or was not present during the interview, and any other pertinent information.
Police officers, officers of the juvenile court, and other authorized law enforcement officials have an absolute right to enter a school to take a student into custody or to make a lawful arrest of a student. The officer shall display either an authorization order signed by a judge of the juvenile court or a warrant for the student's arrest.
A warrant shall not be necessary if the officer has reason to believe that the student committed a violation of law and makes an oral statement to this effect, as witnessed by one or more school employees.
If the student is arrested, the principal or designee shall release the student into the custody of the officer and shall immediately telephone the parent/guardian or responsible relative. (Education Code 48906)
The principal or designee shall record the time(s) of contact or attempted contact with the parent/guardian.
If, after reasonable effort, contact has not been made by telephone, a letter shall be mailed to the parent/guardian on the same day the student was arrested. The letter will contain information regarding the student's release, the place to which he/she was reportedly taken, and the time(s) of attempted contact with the parent/guardian.
The Superintendent or designee shall immediately be notified of the student's arrest. This initial verbal notice will be followed by a written report by the principal or designee and shall include the date and time of arrest, the identity, badge number and official capacity of the officer, the authority under which he/she acts, and the reason for release.
Although police officers have the legal right to serve a subpoena at school, the District believes that serving officials should be strongly urged to serve subpoenas at the home of the student whenever possible.
In all of these situations, every possible step should be taken to ensure a minimum of embarrassment or loss of class time for the student.
Regulation FRANKLIN-MCKINLEY SCHOOL DISTRICT
approved: November 12, 1996 San Jose, California