CODE: 5145.11
SECTION: PUPILS
QUESTIONING AND APPREHENSION
In order to protect pupils' rights during the time they are under school control, the principal shall interview every person who wishes to question a pupil on school property during the school day. The Superintendent of Schools or designee shall be informed of such incidents.
Law Enforcement Officers
A. If a law enforcement officer has an arrest warrant, the principal shall ensure that all procedural safeguards as prescribed by law are observed. No pupil shall be taken from the school without the knowledge of the principal or other person in charge of the school. The principal shall make every reasonable effort to notify parents/guardians. The Superintendent of Schools shall be informed whenever such apprehensions take place, who should then notify the Board of Education.
B. If a law enforcement officer has a juvenile complaint or wants to question a student on school property, the principal shall request that the questioning be delayed if possible until the parents/guardians can be present. If the officer refuses and the principal is convinced that the situation justifies questioning, he/she must attempt to have the parents/guardians informed immediately and shall remain with the student during the questioning.
C. If the law enforcement officer is a DYFS agent, the agent shall determine whether the presence of a parent/guardian is appropriate.
Private Persons
If a private person wishes to question a pupil on school property during the school day, parents/guardians shall be notified of the request and give their permission before the principal will permit the private person to question the pupil. In cases involving possible harm to another pupil which might be prevented by early information, the principal may permit such questioning if the parent/guardian cannot be reached. The principal shall be present during the questioning.
Substance Abuse Questioning by Staff
When questioning any pupil about possible possession, use, or distribution of proscribed substances, drug paraphernalia, alcohol, firearms or other deadly weapons, staff shall follow the procedures adopted by the board in compliance with the safe and drug-free schools code.
The Superintendent of Schools shall notify the Board President when the police have sought to question a pupil in school, and the outcome of the incident. The district shall make every effort to establish close and cordial relationships with local law enforcement and other agencies, while ensuring that the parents/guardians are informed and pupil rights protected.
First Reading: December 12, 2000
Adopted: December 19, 2000