Law Enforcement Agency
Questioning of Students
When law enforcement officers or other lawful authorities wish to question or interview a student at school, the principal will cooperate fully regarding the conditions of the interview, including without parental consent, if necessary, if it is part of a child abuse investigation. In other circumstances, the principal will:
• Verify and record the identity of the officer or other authority and ask for an explanation of the need to question the student at school.
• Ordinarily, make reasonable efforts to notify the parents, unless the interviewer raises what the principal considers to be a valid objection.
• Ordinarily be present for the questioning or interview unless the interviewer raises what the principal considers to be a valid objection.
Students Taken into Custody
State law requires the district to permit a student to be taken into legal custody:
• To comply with an order of the juvenile court.
• To comply with the laws of arrest.
• By a law enforcement officer if there is probable cause to believe the student has engaged in delinquent conduct or conduct in need of supervision. • By a law enforcement officer to obtain fingerprints or photographs for comparison in an investigation.
• By a law enforcement officer to obtain fingerprints or photographs to establish a student’s identity where the child may have engaged in conduct indicating a need for supervision, such as running away.
• By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court.
• By an authorized representative of Child Protective Services (CPS), Texas Department of Family and Protective Services (DFPS), a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in the Family Code relating to the student’s physical health or safety.
• To comply with a properly issued directive from a juvenile court to take a student into custody.
Before a student is released to a legally authorized person, the principal will verify the person’s identity and, to the best of their ability, will verify the person’s authority to take custody of the student.
The principal will immediately notify the Superintendent and will attempt to notify the parent unless the legally authorized person raises what the principal considers to be a valid objection to notifying the parents. Because the principal does not have the authority to prevent or delay a student’s release to a legally authorized person, any notification will most likely be after the fact.
Notification of Law Violations
The district is required by state law to notify:
• All instructional and support personnel who have responsibility for supervising a student who has been taken into custody, arrested, or referred to the juvenile court for any felony offense or for certain misdemeanors.
• All instructional and support personnel who have regular contact with a student who has been convicted, received deferred prosecution, received deferred adjudication, or was adjudicated for delinquent conduct for any felony offense or certain misdemeanors that occur in school, on school property, or at a school- sponsored or school-related activity on or off school property. These personnel will also be notified if the principal has reasonable grounds to believe the student has engaged in certain conduct.
• All appropriate district personnel regarding a student who is required to register as a sex offender.
[See policy GRAA(LEGAL) for more information.]