School Board of Alachua County
Bylaws & Policies
 

5540 - STUDENT INTERVIEWS AND CONTACT

The Board recognizes that all employees and agents of the Board have an affirmative duty to cooperate with law enforcement agencies and the Department of Children and Family Services and comply with investigations relating to child abuse, abandonment, and neglect, or an alleged unlawful sexual offense involving a child. As provided herein, building administrators may also assist authorities in their investigations of other violations of law in which students are alleged to be involved.

When an agency requests permission to interview a student at school, the principal within the reasonable exercise of his/her authority, may grant permission for such interviews with consent of parent, guardian, or student if eighteen (18) or over. The principal/designee may refuse access to certain agencies when it is disruptive to the educational program. In these cases, agencies shall be encouraged to contact the student during non-school hours or off school property.

Exceptions include:

 A.investigations of suspected child abuse or neglect; and

 B.investigations of criminal activity.

In these cases the law permits the Department of Children and Families staff and law enforcement to question students on school grounds without parental consent.

When officials from an agency arrive at the school and wish to interview a student, they must first contact the building administrator, state the nature of their investigation, and state their desire to question a student or students.

Investigation of Child Abuse/Neglect

An official of the Department of Children and Family Services or law enforcement agency may interview a student on school property during school hours in order to investigate a claim of child abuse/neglect involving such student or a member of the student's family. If neither the student nor a member of his/her family is the subject of the child abuse/neglect investigation, such agency shall be encouraged to contact the student during non-school hours and investigate the matter off school property, if possible.

The building administrator shall attempt to contact the parent prior to questioning, unless the investigator specifically requests that s/he not make such contact due to potential impact on the investigation.

The building administrator or designated guidance counselor will remain in the room during questioning of the student unless prohibited by the agency investigator.

Investigations of Violations of Law by Law Enforcement Agencies

Law enforcement agencies investigating complaints other than Child Abuse/Neglect should contact a student during non-school hours and investigate alleged violations of the law off school property if possible. An investigation can take place immediately on school property during school hours with the approval of the building administrator if the alleged violation of law took place on school property, involves other situations affecting school safety or in emergency situations.

Before the student(s) is (are) questioned as a witness to or suspect in an alleged violation of law, the building administrator shall attempt to contact the parent prior to questioning and shall remain in the room during the questioning unless prohibited by confidentiality provisions of State law.

Before the student is questioned as a suspect in a criminal matter, the principal will advise the student that he/she is not required to answer any questions and that he/she may wait until the parent is in attendance.

If the LEO refuses to allow the principal to contact the parent or to allow the presence of a staff member during the interview, then the principal will request the LEO to remove the student from school property for the interview.

Notification and Release of Records

Attempts to notify the parents regarding investigations of child abuse/neglect and other law enforcement investigations shall be documented.

No school official may release personally identifiable student information in education records to the police or the Department of Children and Family Services without prior written permission of the parent, a lawfully-issued subpoena, a court order or a health or safety emergency. (See Board Policy 8330 - Student Records).

Removal of Student

When an authorized law enforcement officer or the Department of Children and Family Services removes a student, the agent must sign a Release of Student to Outside of Agency Form, (STU 067.006/Form 5540 F1). The building administrator shall also notify the parent(s) and the Superintendent.

The Superintendent shall establish administrative procedures to implement this policy.

Fla. Const. Art. I, Sect. 9
F.S. 39.301, 1006.061

Adopted 7/17/07
Revised 3/20/12

© Neola 2004