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San Bruno Park ESD |  BP  5145.11  Students

Questioning And Apprehension   

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Questioning and Apprehension

In accordance with standards specified in law, law enforcement officers have the right to come onto school premises and interview and question students and may remove them when appropriate.

When such an interview is requested by a law enforcement officer, the principal or designee shall first ascertain the officer's identity, official capacity, and the specific legal authority under which s/he acts prior to any interview or questioning. 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 to the school, gives the student appropriate privacy, and models exemplary cooperation with community law enforcement authorities.

Except in cases of child abuse or neglect, the principal or designee shall notify the student's parent/guardian when a law enforcement officer requests an interview of a student on school premises prior to any such interview or questioning.

The principal or designee shall maintain a record of all documentation relative to law enforcement interviews and/or questioning of students.

At the law enforcement officer's discretion and with the student's approval, the principal or designee may be present during the interview.

If the law enforcement officer finds it necessary to remove the student from school into the custody of law enforcement, the principal or designee shall first ascertain the reason for such action and exercise extreme diligence to prevent release to any unauthorized or unidentified person. Whenever a student is to be removed from school into the custody of law enforcement, the principal or designee shall also 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 suspected child abuse. (Education Code 48906)

The principal or designee shall also record the time(s) and nature of contact or attempted contact with the parent/guardian or responsible relative.

Subpoenas

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 protect the student's privacy rights and to minimize loss of class time for the student.

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 SAN BRUNO PARK SCHOOL DISTRICT

adopted: January 11, 2012 San Bruno Park, California