445 - STUDENT CONTACT WITH LAW ENFORCEMENT OFFICERS
The School District of Auburndale recognizes that cooperation with law enforcement agencies is necessary for the education and protection of students, for maintaining a safe environment in the District schools, and for safeguarding all school property. At the same time, the District recognizes its responsibility to cooperate with law enforcement agencies must be balanced with the District’s duty to maintain an appropriate learning environment. Therefore, the District will institute the following procedures to minimize the disruption of the normal school day and to minimize the extent to which students may be distracted from their school work and classes.School Initiated Contact
Law enforcement officials will be called to the school when laws may have been violated and in situations which threaten the safety of students and/or employees. If the District summons law enforcement officials, or law enforcement officials become involved in an incident that has occurred on school grounds or at a school sponsored activity, it may become necessary for them to interview students during school hours.
Law Enforcement Initiated Contact
Law enforcement initiated student interviews may be permitted consistent with the established Interview Guidelines and as required by Wisconsin Statute 48.981. When law enforcement officials request access to a student on school grounds, or at a school sponsored event for nonschool related incidents, the officer contact the principal or his/her designee and advise him/her of the need to speak with the student.
Law Enforcement Officer Interview Guidelines
The following guidelines are to be used by administrators when law enforcement officials interview students in school during regular school hours. These guidelines do not apply to interviews conducted by District professional staff.
1. All student interviews with law enforcement officials conducted on school premises shall receive prior approval of the building 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 his/her 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. Interviews should be conducted in a closed setting, in order to allow confidentiality.
6. No District employee shall disclose any information regarding the contact between the law enforcement officer and the student to anyone except a superior, or under appropriate circumstances, to a parent or legal guardian.
Generally, no information will be shared with a parent or guardian in cases related to child abuse/neglect referrals (Wisconsin Statute 48.981).
7. No student shall be required to participate or cooperate in an interview by law enforcement officers.
8. The building principal or his/her designee will generally be present at any interview by law enforcement officers.
Notification of Parent/Guardian
Notification of parents or guardians when students are to be interview by law enforcement officers will be carried out according to the following guidelines.
1. For elementary students, when practical, 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, (Wisconsin Statute 48.981). Reasonable effort being defined as contact by phone at home or place of employment. The interview may proceed prior to notification of the parent or guardian if (a) the situation is determined by law enforcement and administration to require prompt action, (b) the situation is determined to be of a serious nature, or (c) the attempt to contact has been unsuccessful. Depending on the particular facts or circumstances, parents or guardians may be notified in writing if their child has been interviewed by law enforcement officers on school premises, except where prohibited by law (Wisconsin Statute 48.981).
2. Junior and Senior High school students may be interviewed without prior notification of parent/guardian. Depending on the particular facts or circumstances, parents or guardians may be notified in writing if their child has been interviewed by law enforcement officers on school premises, except where [prohibited by law (Wisconsin Statute 48.981).
3. If a student or his/her parent/guardian declines a student interview with a law enforcement officer on school premises, the District will cooperate with the parents or guardians and law enforcement officials in their attempt to schedule a meeting away from school premises.
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 building principal to produce the student or employee to be served.
2. The building principal shall make arrangements for that student or employee to come to the office. These arrangements will be made in such a way as to cause the least disturbance possible to the educational process.
3. The building principal or his/her designee shall witness the service of the subpoena.
SAMPLE NOTIFICATION
Date:
Dear Parent/Guardian
According to School District Policy, parents or guardians may be informed when their student is interviewed in school by a law enforcement officer. This policy also identifies the circumstances under which law enforcement officials 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
officer of the
on .
Please understand that The School District of Auburndale has a responsibility to cooperate with law enforcement agencies. While fulfilling this obligation, the District acts to maintain and protect an appropriate learning environment.
The School District of Auburndale understands that parents or guardians may feel law enforcement 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 a police interview of a minor student without parental notification or permission.
If you have any questions about the interviewing of your son/daughter, please contact the police 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 the principal’s office.
Sincerely yours,
Principal
Adopted: March 18, 1998
Posted: 11/14/2007 12:40:13 pm