445 - STUDENT INTERVIEW/INTERROGATIONS
The Board recognizes that cooperation with law enforcement and/or social service agencies is necessary for the protection of students and staff members, safeguarding district property, and for maintaining a safe school environment. At the same time the District realizes their responsibility to protect the rights of the children in their charge and to provide for the concerns of parents/guardians regarding the welfare of their children.School Initiated Contact
Law enforcement and/or social service officials will be called to the school when laws have or may have been violated and in situations where the safety or welfare of students and/or employees is threatened. In these situations, students may be interviewed by law enforcement and/or social service officials in accordance with established policy and procedures as well as all applicable state and federal juvenile laws. When school officials have requested the assistance of law enforcement and/or social service officials in investigating a crime, unsafe or life-threatening situation involving students, staff, or district property, the law enforcement and/or social service official has implied permission to interview/interrogate students in school during school hours.
Law Enforcement and/or Social Service Agency Initiated Contact
Law enforcement and/or social service agency initiated student interviews may be permitted consistent with the established interview guidelines and as required by WI Stat. 48.981. All law enforcement or social service agency initiated interviews/interrogations must be approved by the principal or designee, including formal interviews/interrogations by the school liaison officer. When law enforcement or social service requests access to a student on school grounds, or at a school sponsored event for nonschool related incidents, the official shall contact the principal or designee and advise him/her of the need to speak with the student. Law enforcement and social service personnel, including liaison officers who have initiated a formal interview/interrogation, should remain as inconspicuous as possible and shall interview/interrogate students in a private setting designated by the principal or designee to avoid embarrassing and/or stereotyping the student.
Interviews/Interrogations Regarding Child Abuse and Neglect
Investigations and interviews of students, regarding child abuse and neglect reports may be conducted by law enforcement and/or social services on school premises during school hours. Prior to conducting a student interview the principal or designee shall be notified. Law enforcement and/or social service personnel may, in the exercise of their authority to do so, exclude school personnel from the interview. The principal or designee will make a reasonable effort to notify a parent/guardian before allowing social service staff members to interview a child at school unless prohibited by law. Reasonable effort being defined as contact by telephone at home or place of employment.
Interview/Interrogation Guidelines
The following guidelines are to be used by administrators when law enforcement and/or social service personnel interview students in school during regular school hours. These guidelines do not apply to interviews conducted by district professional staff.
1. All student interviews conducted on school premises shall receive prior approval of the principal or designee. Approval of an interview request shall take into consideration factors such as the age of the student, the purpose of the interview, the subject matter of the interview, whether the conduct occurred on school grounds, and the seriousness of the conduct at issue.
2. Interviews should be coordinated with the student’s schedule in order to minimize disruption.
3. Interviews should not be conducted during an exam, except in an emergency.
4. The principal or designee should summon the student from his/her class, unless law enforcement and school administration feel the situation warrants personal contact by the officer.
5. The student shall be informed of his/her right to request that his/her parent/guardian or an advocate be present prior to the start of any interview/interrogation.
6. No student shall be required to participate or cooperate in an interview/interrogation.
7. Interviews should be conducted in a closed setting, in order to allow confidentiality.
8. No employee shall disclose any information regarding the contact between law enforcement or social services and a student to anyone except a superior, or under appropriate circumstances, to a parent or legal guardian. No information will be shared with a parent or guardian in cases related to child abuse or neglect referrals.
9. The principal or designee should be present at any interview/interrogation unless barred by law or excused by the student.
Notification of Parent/Guardian
Notification of parents or guardians when students are to be interview by law enforcement and/or social services will be carried out according to the following guidelines.
1. A reasonable effort will be made to contact the parent or guardian prior to the start of the interview, except in the case of child abuse/neglect referrals. The interview may proceed prior to notification of the parent or guardian if (a) the situation is determined to require prompt action, (b) the situation is determined to be of a serious nature, or (c) the attempt to contact has been unsuccessful. The parent or guardian will be notified in writing if their child has been interviewed by law enforcement and/or social services on school premises, except where prohibited by law.
2. If a student or his/her parent/guardian declines to participate in an interview with law enforcement and/or social service personnel on school premises, the district will cooperate with the parent/guardian and law enforcement and/or social services personnel in their attempt to schedule a meeting away from school premises.
3. If a student makes a request to speak with law enforcement or social services, parental notification is not necessary and permission to speak shall be granted.
4. If criminal prosecution is contemplated by the law enforcement agency the interview/interrogation shall not commence until the child's parent/guardian is present, unless the parent/guardian has waived the right to be present.
5. For emergency situations where the safety and well being of the school community is threatened, law enforcement may interview/interrogate a student prior to notifying a parent/guardian.
Subpoenas
Service of subpoenas on any student or employee in the School District of Auburndale while on school property shall be accomplished as follows:
1. The law enforcement officer shall request the principal or designee to produce the student or employee to be served.
2. The principal or designee shall make arrangements for that student or employee to come to the office. These arrangements will be made in such a way as to be inconspicuous and cause the least disturbance possible to the educational process.
3. The principal or designee shall witness the service of the subpoena.
Legal Ref: Section 48.981 Wisconsin Statues
Approved: May 21, 2008
SAMPLE NOTIFICATION LETTER POLICY 445 (Exhibit)
Date:
Dear Parent/Guardian:
According to Auburndale School District Board Policy 445, a parent/guardian will be informed when their child is interviewed in school by law enforcement and/or social service personnel. This policy also identifies the circumstances under which law enforcement and/or social services may conduct interviews and provides the guidelines which are an expected part of the process.
Please be advised that your son/daughter was interviewed by ____________________________ of
the ______________________________________________ on ____________________________.
Please understand that the School District of Auburndale has a responsibility to cooperate with law enforcement and/or social service officials. While fulfilling this obligation, the district realizes their responsibility to protect the rights of the children in their charge and to provide for the concerns of parents/guardians regarding the welfare of their children.
The School District of Auburndale understands that parents or guardians may feel law enforcement and/or social service officials are intruding on parental rights when their son or daughter is interviewed. However, Wisconsin’s Attorney General has concluded that there is no prohibition against such interviews of a minor student without parental notification or permission.
If you have any questions about the interviewing of your son/daughter, please contact the law enforcement or social service agency identified in the second paragraph of this letter.
If you have questions about the policy which establishes the framework and guidelines of this questioning, please contact my office.
Sincerely yours,
Principal
Posted: 05/29/2008 11:39:16 am