Chippewa Valley Schools
Bylaws & Policies
 

5540 - THE SCHOOLS AND GOVERNMENTAL AGENCIES

The Board of Education is committed to protect students from individuals not associated with the school system but also recognizes its responsibility to cooperate with law enforcement agencies and the Department of Human Services (DHS), formerly known as Family Independence Agency (FIA).

When such agencies request permission to interrogate or interview a student at school, the principal/designee shall attempt to inform the student's parents, when appropriate or when allowed by the investigator and/or ensure that the agency has informed or will inform the parents, when appropriate.

Whenever it has been determined that an agency has a legitimate purpose and it is necessary to interrogate or interview a student within the confines of the District, the principal/designee or representative shall attempt to be present throughout the proceedings, except under the Child Protection Law (Act No. 238, Public Acts of 1975 as amended, being Sections 722.621–722.638, Michigan Compiled Laws). If the investigator refuses to allow a school representative to be present and the principal/designee believes there are compelling reasons to be present, s/he may request the investigator, other than one (1) operating under the Child Protection Act, to obtain a court order to permit the interrogation without the presence of a school representative. S/He should also verify that the student(s) has been informed of his/her rights to refuse to answer questions, to be informed that anything s/he says may be used against him/her in court, and to consult with and be advised by legal counsel.

When an agency requests permission to remove a student, the notification of the parents is the responsibility of DHS children’s protective services in cases being investigated under the Child Protection Law.

No student shall be released to an agency, other than a law enforcement or child protection agency, without proper warrant or written parental permission, except in the event of emergency or for the protection of life or property as determined by the principal/designee.

The Superintendent shall prepare guidelines to promote understanding and cooperation between staff members and students and these agencies.

M.C.L.A. 722.627
Attorney General's Opinion No. 6869, September 6, 1995

Revised 6/6/05