FGCC-AP Learner Interviews & Custody by School Resource Officers & Outside Authorities

General Provisions

For all action permitted by this policy and/or law, it is the responsibility of law enforcement officials, not district employees, to assure compliance with procedural and constitutional safeguards.

The Role of School Resource Officers (SROs)

When acting in the role of a school official to investigate school policy violations and/or maintain the safety of the school environment, SROs may interview learners without parental consent and may search learners in accordance with applicable school district policy on searches by school officials. In these instances, it is the responsibility of the SRO and district employees to assure compliance with procedural and constitutional safeguards. When a learner is suspected of a crime, the SRO shall comply with the procedure below pertaining to police interviews.

Police Interviews

In all cases where any law enforcement officer, other than assigned SROs, needs to interview, or take into custody a learner, the law enforcement officer should make every attempt to contact the school’s primary SRO and inform them of the need to contact a learner unless there is an emergency. If the primary SRO cannot be contacted, then the law enforcement officer should continue their attempt in contacting any other district SRO or the SRO Sergeant. If available, the SRO will assist and coordinate the interview/taking into custody of the learner with school officials. These activities should only occur on school district property when all other efforts to reach the learner outside of school hours and off school property have been exhausted.

To minimize disruptions to the school environment and embarrassment to learners involved, all police interviews of learners on school property shall be held in private unless the urgent nature of the situation prevents compliance with this requirement as determined by the building principal or designee in consultation with law enforcement.

1. When the learner is the suspect of a crime: The building principal or designee shall only grant the interview request if the following conditions are met:

a. The officer properly identifies him/herself to the building principal or designee if the officer is unknown to the school, confirms the identity of the learner to be interviewed, and confirms the reason and purpose of the interview.

b. The interview relates to a school matter or needs to be held at school because of justifiable law enforcement need that is explained to the building principal or designee.

c. The learner’s parent, guardian, or attorney is present for the interview. This requirement does not apply to learners of legal age.

These requirements do not apply to crimes in progress, which are covered under this policy’s section on taking learners into custody.

2. When a learner is a witness or victim of a crime: The building principal or designee may grant requests for a police interview of a learner who is a witness or victim of a crime if the following conditions are met:

a. The officer properly identifies him/herself to the building principal or designee if the officer is unknown to the school, confirms the identity of the learner to be interviewed, and confirms the reason and purpose of the interview.

b. The interview relates to a school matter or needs to be held at school because of justifiable law enforcement need that is explained to the building principal or designee.

c. A school official may be present at the police interview. The building principal or designee, in consultation with law enforcement, shall make the determination of whether or not to contact parents/guardians on a case-by-case basis.

d. If, during the interview, the learner becomes a suspect of a crime, the requirements in #1 shall be implemented as soon as this suspicion arises.

Interviews of Learners by Officials of Other Agencies

When the Department of Human Services or an officer acting on the agency’s behalf requests to interview a learner as part of a child/abuse neglect investigation, the building principal or designee shall:

1. Verify that the purpose of the interview is to investigate child abuse/neglect;

2. Require that the interviewer identify him/herself;

3. Allow a learner to be interviewed if the learner is the subject of, sibling of, or living with a child who is the subject of abuse/neglect;

4. School staff shall not share information related to a child abuse investigation with the public or the child’s parents.

Learners taken into Custody at School

In all the situations listed below, efforts should be made to minimize embarrassment or loss of class time for the learner. The office of the Superintendent and the principal should be notified immediately when any of the actions listed below have occurred if not previously aware that these actions were to occur.

1. Learner Taken into Custody: Police officers, counselors of the juvenile court, or other authorized law enforcement officials have the right to enter the school to take a learner into custody or to make a lawful arrest of a learner, provided the officer displays an order signed by a judge of the juvenile court authorizing the taking of the learner into custody, displays a warrant for the learner's arrest, or has probable cause. If the learner is arrested and/or taken into custody at a school, the school officials should make every effort to notify the parents immediately.

2. Right to Serve Subpoena in School: While police officers have the legal right to serve a subpoena at school, the serving officials should be strongly urged to serve these subpoenas off campus whenever possible.

Adopted: 12/07/22

Reviewed:

Revised: