3226 Interviews and Interrogations of Students on School Premises
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Although the district values its relationships with law enforcement, the Department of Children, Youth, and Families (DCYF), and the county health department, to minimize interruption of the instructional program the district discourages interviews and interrogations of on school premises. As a general rule, interviews and interrogations by any agency including law enforcement and the county health department(s) should take place at the agency or the student’s home, rather than on school premises.
However, there are limited circumstances when an interview of students at school is warranted for example school-initiated investigations, child abuse investigations, and serious crime investigations The superintendent will develop procedures associated with this policy to be utilized when an onsite interviews or interrogation is warranted by circumstances of the case. The procedures will ensure that students and parent(s)/guardian(s) are afforded all rights available in accordance with law and that interviews of students as witnesses, victims, and suspects are treated differently.
In contrast to the limited circumstances noted above, the work of immigration agents does not overlap with the work or duties of the district. This is because the district’s obligation to educate the children residing within its borders is not diminished by the children of parents’ immigration status. The district supports the federal immigration enforcement policy that directs immigration agents to avoid questioning and arrests at sensitive locations, including schools. Therefore, staff shall not grant information or access to immigration agents unless/until the district Superintendent or designee determines the request complies with Plyler v. Doe and other applicable laws according to the criteria in the associated procedure.
Cross References:
Policy 3231 Student Records
Policy 3432 Emergencies
Policy 3414 Infectious Diseases
Policy 4310 Working Relationships with Law Enforcement, DSHS and the Health Department
Legal Reference:
RCW 26.44.030 Interviews of children
RCW 26.44.050 Abuse or neglect of child – Duty of law enforcement agency or department of social and health services – Taking child into custody without court order, when.
RCW 26.44.110 Written statement required
RCW 26.44.115 Notice required
RCW 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – PenaltyManagement Resources:
Policy and Legal News, July 2013, December 2018
Policy News, February 1998 FERPA limits student records access
Policy News, April 2001 Compliance Office Provides FERPA Update
ADOPTED: 10/24/2013
REVISED: 7/20/2023Procedure No. 3226P Interviews and Interrogations on School Premises
To minimize interruption to the instructional program, the district discourages interviews and interrogations of students on school premises. When the circumstances warrant an onsite interview/interrogation, staff will follow protocols in this procedure:
- Entry to a School
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- A law enforcement officer (e.g., police officer, sheriff deputy, and immigration agent), child protective services worker, or health department official shall contact the principal or designee upon entering a school building and present proper identification.
- School building administrative personnel will cooperate as specified below, treating interviews of students as witnesses, victims, and suspects differently.
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- Interview of Student Witness/Victim of Criminal Activity
- Students of any age who are witnesses to a crime or victims of a crime may be interviewed without parent/guardian consent.
- Should it become apparent during a witness/victim interview that the student under the age of 12 years of age is the suspect of a crime, law enforcement shall immediately stop questioning until parental consent is obtained.
- The principal or designee will make a reasonable effort to notify the parent/guardian of the interview if, in the opinion of the law enforcement officer(s), the notification will not hinder the investigation. By law, the principal or designee may not prevent the interview and will so inform the parent/guardian.
- When prior notice has been given to the parent / guardian, the principal or designee will convey any expression of objection by the parent /guardian about the interview to the law enforcement officer(s).
- If the parent/guardian is not present for the interview, the principal/designee will be present if the student requests.
- Interview of Student Witness/Victim of Criminal Activity
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- Interview of Student Witness/Victim, Child Abuse or Neglect Investigation
- Students of any age who are witness to, or victims of, abuse or neglect may be interviewed by a law enforcement officer so long as the interviewer obtains the student’s consent in the presence of the principal or principal designee. A student may not be interviewed without their consent unless the interviewer has a warrant or determines that exigent circumstances exist.
- Should it become apparent during a witness/victim interview that the student under 12 years of age is the suspect of a crime, law enforcement shall immediately stop questioning until parent/guardian consent is obtained.
- The principal or designee will make a reasonable effort to notify the parent/guardian about the interview if, in the opinion of the law enforcement officer(s), the notification will not hinder the investigation.
- When the parent / guardian has been given prior notice, the principal or designee will convey any expression of objection by the parent /guardian about the interview to the law enforcement officer(s).
- If the parent/guardian is not present, the principal/designee will be present if the student requests.
- If the principal or designee believes the student is being intimidated, threatened, or coerced; that the student is unaware that they are free to leave the interview at any time; or that the student is in physical or emotional distress, the principal or designee may request to take a break and make those concerns known to the interviewer. The principal or designee may then request whether to continue, temporarily suspend, or terminate the interview.
- The school will document the date, time, place, interview length, student name, consent to be interviewed, the interviewer, and any additional parties present.
- Interview of Student Suspect of Criminal Activity:
- Student suspects under the age of 12 may be interviewed only with parent/guardian consent.
- Washington State law permits students 12 years and older, who are suspects of a crime to be interviewed without parent/guardian consent.
- The principal or designee will make a reasonable effort to notify the parent/guardian of the interview if, in the opinion of the law enforcement officer(s), the notification will not hinder the investigation. By law, the principal or designee may not prevent the interview from taking place and will so inform the parent/guardian.
- When prior notice has been given to the parent/guardian, the principal / designee will convey any expression of objection about the interview made by the parent/guardian to the law enforcement officer(s).
- Law enforcement must provide students under the age of 18 with access to an attorney for consultation before the student waives any constitutional rights.
- Interview of Student Sought by Health Department Officials:
The principal or designee will permit a health department official to conduct a confidential interview with a student suspected of being in contact with an individual infected with a communicable disease when the interview is during school hours, and the principal will not release the student to travel to the health department. - Interview of Student Sought by Immigration Agents:
- If an immigration agent requests access to a student or a school site, staff shall deny immediate access, alert the principal, and forward the request to the Superintendent or designee for review.
- The Superintendent or designee shall ask for the immigration agent’s credentials, ask the agent why the agent is requesting access, and ask to see a warrant.
- To be valid, the warrant must state the purpose of the interview, identifies the search location, references a specific person, include an accurate date, and be signed by a federal or state judge.
- Immigration agents must also provide written authority, instructing them to enter District property, and for what purpose from one of the following Immigration and Customs Enforcement (ICE) officials, the Assistant Director of Operations, Homeland Security Investigation (HIS), the Executive Associate Director (EAD) of HIS, the Assistant Director for Field Operations, Enforcement and Removal Operations (ERO), or the EAD of ERO.
- Upon receipt and examination of the required information, the Superintendent or designee will determine whether immigration agents will be allowed to contact or question the individual named on the warrant and will communicate that decision to the principal or designee.
- The Superintendent or designee will make a reasonable effort to notify the parent/guardian of the interview.
- The Superintendent or designee will ask to be present during the interview and ensure the agents are not given access to information, records, or areas beyond that specified in the warrant.
- Interview of Student Witness/Victim, Child Abuse or Neglect Investigation
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- Access to Student Records for the Purpose of Interviews and Interrogations
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- If the parent/guardian or student over 18 years of age has not filed a written objection to the release of directory information, anyone may request and be granted the directory information about students as designated in the district’s student records policy and procedure (see Model Policy and Procedure 3231). The actual residential addresses of participants in Washington State’s Address Confidentiality Program are not to be available for release as directory information. Social Security numbers, student identification numbers (with authentication factors such as a secret password or personal identification number), and other personally identifiable information are not considered directory information.
- Student records protected by the federal Family Educational Rights and Privacy Act (FERPA) may only be examined or released following written permission from a minor student’s parent /guardian or an adult student, pursuant to a court order or subpoena, or in response to a health or safety emergency. Student records may also be examined by or released to DCYF or law enforcement if DCYF or law enforcement is conducting an investigation or family assessment or alleged abuse or neglect of a student, and the records are relelvant to the alleged abuse or neglect.
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- Taking a Student into Custody
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- In a criminal matter, a law enforcement officer is not required to have a warrant in order for the school to release the student into law enforcement custody. The principal or designee will make immediate reasonable effort to notify the parent/guardian unless directed not to by the law enforcement officer because child abuse or neglect is alleged against the parent/guardian, or some other similar, specified reason exists for prohibiting notification.
- School authorities may request that the law enforcement officer put their reasoning for denial of parent / guardian notification into writing.
- A student may not be taken into custody at school on a truancy petition.
- Immigration agents are required to have a subpoena or warrant signed by a judge in order for the district to release a student into custody.
ADOPTED: 10/24/2013
REVISED: 7/20/2023
(Moved from 4310P)
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- Access to Student Records for the Purpose of Interviews and Interrogations
3000 Policies
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QUALIFICATIONS OF ATTENDANCE AND PLACEMENT
3110 Admission and Attendance
3114 Part-time, Home-based, or Off-Campus Students
3115 Students Experiencing Homelessness: Enrollment Rights and Services
3116 Students in Foster Care
3120 Enrollment
3122 Excused and Unexcused Absences
3123 Withdrawal Prior to Graduation
3124 Removal of Student during School Hours
3125 Release of Student during School Day
3126 Child Custody
3131 District Attendance Area Transfers
3140 Release of Resident Students
3141 Nonresident Students
3142 International Exchange Students
3143 District Notification of Juvenile Offenders
STUDENT RIGHTS AND RESPONSIBILITIES
3200 Student Rights and Responsibilities
3205 Sexual Harassment of Students Prohibited
3207 Prohibition of Harassment, Intimidation and Bullying
3210 Nondiscrimination
3211 Gender-Inclusive Schools
3220 Freedom of Expression
3223 Freedom of Assembly
3224 Student Dress
3225 School-Based Threat Assessment
3226 Interviews and Interrogations of Students on School Premises
3230 Student Privacy and Searches
3231 Students Records
3232 Parent and Student Rights in Administration of Surveys Analysis or Evaluations
3235 Protection of Student Personal Information
3240 Student Conduct Expectations and Reasonable Sanctions
3241 Student Discipline
3242 Closed Campus
3243 Student Driving
3244 Prohibition of Corporal Punishment
3245 Students and Telecommunication Devices
3246 Use of Isolation, Restraint and Other Uses of Reasonable Force
STUDENT WELFARE
3410 Student Health
3412 Automated External Defibrillators (AED)
3413 Student Immunization and Life Threatening Conditions
3414 Infectious Diseases
3415 Accommodating Students with Diabetes
3416 Medication at School
3417 Catheterization
3418 Response to Student Injury or Illness
3419 Self-Administration of Asthma and Anaphylaxis Medications
3420 Anaphylaxis Prevention and Response
3421 Child Abuse, Neglect and Exploitation Prevention
3422 Student Sports – Concussion, Head Injury and Sudden Cardiac Arrest
3424 Opioid-Related Overdose Reversal
3432 Emergencies
STUDENT ACTIVITIES
3510 Associated Student Bodies
3515 Student Incentives
3520 Student Fees, Fines, Charges
3530 Student Fund Raising Activities Involving Students