Code Number: 502.7
General Expectations
It is the policy of the District to cooperate with agency and law enforcement personnel within its ability to do so and in accordance with legal requirements without disrupting the educational environment for its students. Requests from persons other than legal guardians, District employees or District-approved organizations, to interview students on school grounds shall be made through the building administrator’s office. The Department of Human Services’ Child Abuse Investigators/Child Protection Workers (CPWs) shall be granted confidential access to the student. In other situations, the building administrator shall generally have the discretion to determine whether the interview request will be granted and whether the student’s parent or legal guardian(s) will be informed of the request.
Department of Human Services/ Child Abuse Investigations
The Department of Human Services’ Child Abuse Investigators/Child Protection Workers (CPWs) has the authority under Iowa law to investigate reports of child abuse and may, in the course of such an investigation, deem it necessary to interview students outside the home. School administrators are obligated to cooperate with CPWs in such situations and are under no duty to notify the student’s parent or guardian of such an investigation or of a request by the CPW to interview the student. The following procedures shall be followed:
- The building administrator or his/her designee shall cooperate with the CPW by providing confidential access to a student named in a child abuse report for the purpose of interviewing the student and shall allow the CPW confidential access to other students alleged to have relevant information for the purpose of conducting interviews in order to obtain relevant information.
- The decision as to whether or not a witness or other person may be present is left to the CPW.
- The CPW should always have someone present when the observation of a student is requested (for example, for physical signs of abuse). In such cases, the CPW will request that the Principal or designee be present.
Juvenile Court Officers
If a Juvenile Court Officer acting in an official capacity wishes to interview a student, the building administrator may defer to the investigator’s judgment as to whether the school is the most appropriate setting for the interview, who will be present during the interview, and whether it is appropriate for the legal guardian(s) to be contacted.
Police Interviews in School
This policy applies whenever law enforcement personnel including School Resource Officers (SROs) will be interviewing a student for law enforcement purposes as opposed to school safety or disciplinary purposes.
This policy does not apply to SROs who are acting in their capacity as a school official. SROs may interact with students and interview students at school regarding school-related issues without any prior permission or consent from parents. Examples of incidents that may lead to such interviews include, but are not limited to: fights between students at school, threats made by a student against another student or staff, gang-related offenses, or possession of drugs, alcohol, or weapons on school property.
A student should be interviewed at school only when it is not possible to do so at his/her home.
If a law enforcement officer wishes to interview a student on school grounds the following steps shall be taken:
- The law enforcement officer shall contact the building administrator or his/her designee and ask to see the student. The building administrator or his/her designee shall inquire as to the efforts that have been made by the law enforcement officer to contact the student’s legal guardian(s) prior to any interview. Such efforts shall be documented.
- If the interview is regarding the alleged parental abuse of a student, DHS procedures on notification shall be followed. See, the Section above on Child Abuse Investigations.
- If the law enforcement officer has not been able to contact the student’s legal guardian(s), the building administrator or his/her designee shall then attempt to contact the student’s legal guardian(s). If a legal guardian consents to the interview, the building administrator or his/her designee shall then contact the student. If unable to locate a legal guardian, the decision to allow the interview is at the building administrator or his /her designee’s discretion. All attempts to contact a legal guardian prior to a police interview shall be documented. When extenuating circumstances exist, attempts to contact the parent/guardian may be delayed and the interview may proceed. Examples of such circumstances include, but are not limited to:
- Where a delay may pose imminent danger to the health or safety of students, staff, or the community;
- When law enforcement authorities need to act promptly to prevent the destruction of evidence of a serious crime or flight by a suspect.
- If a legal guardian has been contacted and indicates that they want to be present, a reasonable amount of time shall be provided for the legal guardian to reach the school and be present for the interview unless extenuating circumstances exist.
- Any law enforcement interview shall be held in a private place and no school official shall actively participate or assist in any way in the interview, but may be present and should be present when the student’s legal guardian is not.
- Prior to the actual interview, the building administrator or his/her designee shall ensure that the law enforcement official has informed the student of the reasons for the interview and shall witness the officer’s statement of the student’s rights. An interview on school premises shall take place only with a student’s willingness to participate voluntarily. If the student does not willingly volunteer to participate in the interview or requests that a parent or guardian be present, the interview shall cease.
- If, at any point during a voluntary witness or victim interview, it becomes clear that the student may be a suspect in addition to being a witness or alleged victim, the foregoing procedures shall apply.
Taking a Student into Custody
In accordance with Iowa Code § 232.19, a student may be removed from the school by law enforcement or agency officers by order or authority of a court or governmental agency; for a delinquent act pursuant to the laws relating to arrest; if the student is a run-away; or if the student has committed a material violation of a dispositional order. A Juvenile Court Officer may remove a student from the school pursuant to a court order obtained pursuant to Iowa Code §232.78 or without a court order pursuant to Iowa Code §232.79 if the Juvenile Court Officer determines it is appropriate to do so. The following procedures shall be followed:
- The law enforcement officer who intends to remove the student shall present a copy of the arrest warrant or other court order, if there is one, to the building administrator or his/her designee prior to the removal of the student from a school building.
- A student who is to be taken into custody shall be called from the classroom and brought to the building administrator’s office. The student shall not be released into the custody of the law enforcement official until the identity of the law enforcement official and the reason for the removal have been verified. The building administrator or his/her designee shall immediately complete the Release Form (AR502.7).
It is the responsibility of the person taking the student into custody to notify the student’s parent, guardian, or custodian as soon as possible, however, the building administrator or his/her designee shall also make a good faith attempt to notify the student’s legal guardian and shall document the efforts to do so. (See AR502.7).
- First Adoption:
- 1995-10-09
- Revision Adoption:
- March 28, 2000/ October 8, 2007/ January 26, 2009/ March 11, 2013/ April 14, 2014/ November 27, 2017
- Reviewed Dates:
- November 3, 2017
- Legal Reference:
-
Iowa Code §§ 232.19, 232.71B.7, 232.73, .78-79.
1982 Op. Att'y Gen. 390, 417