A. Removing students from school during school hours:
1. No student shall be taken from school during school hours by any person other than a school employee with the following exceptions:
a. By a parent or legal guardian, when properly identified. In instances where the parents are separated or divorced and disposition of custody has been made by the courts, permission must be obtained from the custodial parent for the child's removal by the non-custodial parent. In instances where there is no court order regarding custody or control, district employees may not refuse either parent the right to see his or her child or to refuse to permit such parent to take the child into his or her custody. In all cases, the Administrator must be satisfied that the removal is legal and proper. If there is any doubt in his/her mind, the Administrator should contact the other parent, and if appropriate, contact the Superintendent and/or County Counsel.
b. By another person upon the written request, properly verified, of the parent or guardian.
c. By properly identified representatives of law enforcement agencies, who, as peace officers:
(1) Make an arrest under Penal Code 836;
(2) Present a warrant for the arrest of the pupil;
(3 Take the pupil into custody under California Welfare and Institutions Code 625-627.
d. By properly identified representatives of law enforcement agencies when not making an arrest or taking the child into custody as stated above, under the following circumstances:
(1) With the express permission of the parent obtained;
(2) In cases of emergency when the parents cannot be reached (see C below)
B. While it is the duty of the Peace Officer to notify the parents or guardian of the student taken into custody or placed in detention (Section 627 of the Welfare and Institutions Code), it is still the responsibility of the principal to confirm this notification with the parent or guardian of the child.
C. When a Peace Officer is seeking to remove a student from school during school hours, the interpretation of what constitutes an "Emergency" is the responsibility of the principal of the school. "Emergency" includes rendering assistance to police authorities as by identification of suspects or physical evidence or furtherance of any investigation into criminal activities.
D. If a conflict of opinion should arise between a law enforcement representative and the principal of a school regarding the interpretation of this section, the Superintendent of the district should be immediately consulted. If the conflict cannot be clarified in this manner, the Superintendent should seek to resolve the differences with the supervising office of the law enforcement representative involved.
Policy RED BLUFF UNION ELEMENTARY SCHOOL DISTRICT
approved: June 11, 2014 Red Bluff, California