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District Policies

Viewing Policy: BP 5145.11 – Questioning And Apprehension By Law Enforcement



BP 5145.11

Students

Questioning And Apprehension By Law Enforcement

The San Benito County Board of Education (County Board) believes that the safety of San Benito County Office of Education (SBCOE) 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.

 

Except in cases of child abuse or neglect, the principal or designee shall attempt to notify the student’s parent/guardian as soon as practicable after the law enforcement officer has interviewed the student on school premises.

 

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 County 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 Reference:

EDUCATION CODE: 44807  Duty concerning conduct of pupils; 48264  Arrest of truants; 48265  Delivery of truant; 48902  Notice to law enforcement authorities; 48906  Release of minor pupil to peace officers; notice to parent, guardian; 48909  Narcotics and other hallucinogenic drugs (re arrest)

CODE OF CIVIL PROCEDURE: 416.60  Service of summons or complaint to a minor

PENAL CODE: 830-832.17  Peace officers; 1328  Service of subpoena

WELFARE AND INSTITUTIONS CODE: 627  Custody of minor

CODE OF REGULATIONS, TITLE 5: 303  Duty to remain at school

COURT DECISIONS: Camreta v. Greene, (2011) 131 S.Ct. 2020; People v. Lessie, (2010) 47 Cal. 4th 1152; In re William V., (2003) 111 Cal.App.4th 1464

ATTORNEY GENERAL OPINIONS: 54 Ops.Cal.Atty.Gen. 96 (1971); 34 Ops.Cal.Atty.Gen. 93 (1959)

 

Policy Adopted: 6-14-18