-
34 -
LAW ENFORCEMENT AGENCIES
Questioning of Students
The following guidelines shall apply when law enforcement officers or other lawful
authorities desire to question or interview a student at school:
The principal shall verify and record the identity of the officer or other authority and
request an explanation of the need to question or interview the student at school.
The principal ordinarily shall make reasonable efforts to notify the student’s parents
or other person having lawful control of the student. If the interviewer raises what
the principal considers to be a valid objection to the notification, parents will not be
notified.
The principal or a designee ordinarily shall be present during the questioning or
interview. If the interviewer raises what the principal considers to be a valid
objection to a third party’s presence, the interview shall be conducted without that
person’s presence.
When the event is part of child abuse investigations conducted by the Department of
Protective and Regulatory Services or other lawful authority, the principal shall
cooperate fully with the officers’ requests regarding the conditions of the interview
or questioning.
Students taken into Custody
State law requires the district to permit a student to be taken into legal custody:
To comply with an order of the juvenile court.
To comply with the laws of arrest.
By a law enforcement officer if there is probable cause to believe the student has
engaged in delinquent conduct or conduct in need of supervision.
By a probation officer if there is probable cause to believe the student has violated a
condition of probation imposed by the juvenile court.
To comply with a properly issued directive to take a student into custody.
By an authorized representative of Child Protective Services, Texas Department of
Family and Protective Services, a law enforcement officer, or a juvenile probation
officer, without a court order, under the conditions set out in the Family Code
relating to the student's physical health or safety.
Before a student at school is arrested or taken into custody by a law enforcement officer
or other legally authorized person, the principal shall verify the official's identity. To the
best of his or her ability, the principal shall verify the official's authority to take custody
of the student, and then shall deliver over the student.
The principal shall immediately notify the superintendent and ordinarily shall attempt to
notify the parent or other person having lawful control of the student. If the officer or
other authorized person raises what the principal considers to be a valid objection to
 |
 |
 |
 |