5145.11
BP
Board Policy
Questioning And Apprehension By Law Enforcement
The Governing Board believes that the safety of district students and staff is essential to achieving the goal of student learning. In accordance with standards specified in law, law enforcement officers may interview and question students on school premises and may remove them when appropriate.
The Superintendent or designee shall collaborate with local law enforcement agencies to establish procedures which enable law enforcement officers to carry out their duties on school campus, including, when necessary, the questioning and/or apprehension of students.
When any law enforcement officer requests an interview with a student, the principal or designee shall request the officer's identity, his/her official capacity, and the legal authority under which the interview is to be conducted. The principal or designee shall maintain a record of all documentation relative to law enforcement interviews of students.
The principal or designee shall accommodate the interview in a way that causes the least possible disruption for the student and school and provides the student appropriate privacy.
At the law enforcement officer's discretion and with the student's approval, the principal or designee may be present during the interview.
The principal or designee shall attempt to notify the student's parent/guardian as soon as practicable that a law enforcement officer intends to interview a student on school premises, except in cases of child abuse or neglect, or in other circumstances when advance warning may be inappropriate, such as when requested by law enforcement. District employees will not interfere with law enforcement activities.
If a minor student is removed from school into the custody of law enforcement, the principal or designee shall immediately notify the parent/guardian or responsible relative regarding the student's release and the place to which he/she is reportedly being taken, except when the minor has been taken into custody as a victim of suspected child abuse. (Education Code 48906)
Subpoenas
Although subpoenas may legally be served at school on students age 12 or older, the Governing Board believes that serving officials should be strongly urged to serve subpoenas at the home of the student whenever possible. When served at school, the principal or designee shall take reasonable steps to protect the student's privacy rights and to minimize loss of class time for the student.
Legal & Management References
State
5 CCR 303 - Duty to remain at school
Code of Civil Procedure 416.60 - Service of summons or complaint to a minor
Ed. Code 44807 - Teachers' duty concerning conduct of students
Ed. Code 48264 - Arrest of truants
Ed. Code 48265 - Delivery of truant
Ed. Code 48902 - Notice to law enforcement authorities
Ed. Code 48906 - Release of minor pupil to peace officers; notice to parent, guardian
Ed. Code 48909 - Narcotics and other hallucinogenic drugs (re arrest)
Pen. Code 1328 - Service of subpoena
Pen. Code 830-832.17 - Peace officers
W&I Code 627 - Custody of minor
Management Resources
Attorney General Opinion - 34 Ops.Cal.Atty.Gen. 93 (1959)
Attorney General Opinion - 54 Ops.Cal.Atty.Gen. 96 (1971)
Court Decision - In re William V. (2003) 111 Cal.App.4th 1464
Court Decision - People v. Lessie (2010) 47 Cal. 4th 1152
Court Decision - Camreta v. Greene (2011) 131 S.Ct. 2020
Website - CSBA District and County Office of Education Legal Services
Website - California Attorney General's Office
Cross References
3513.4 BP Drug And Alcohol Free Schools
5131.6 AR Alcohol And Other Drugs
5141.4 AR Child Abuse Prevention And Reporting
5142 AR Safety
5145.12 BP Search And Seizure
5145.9 BP Hate-Motivated Behavior