The Board of Education is committed to protecting students from harm that may or may not be directly associated with the school environment but also recognizes its responsibility to cooperate with law enforcement and public children's services agencies.

When law enforcement or other authorities arrive at the school and wish to interview a student or investigate an alleged violation of law, they must contact the building administrator indicating the nature of their investigation and their desire to question a student or students.

Every Board official and employee who, in connection with his/her position, knows or suspects child abuse or neglect must immediately report that knowledge or suspicion to a public children's services or law enforcement agency in accordance with Board Policy 8462.

An official of a public children's services agency 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 at all possible. If the interview takes places based upon a court order, the building administrator shall request a copy of the order.

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.

Law enforcement agencies investigating complaints other than under the Abused and Neglected Child Reporting Act should contact a student during non-school hours and investigate alleged violations of the law off school property, if at all possible. An investigation can take place immediately on school property during school hours at the request of the building administrator if the alleged violation of law took place on school property, involves other situations affecting school safety or if extenuating circumstances exist. Extenuating circumstances may exist, for example, when there is a risk that a delay may pose imminent danger to the health or safety of students, school employees, or other persons in the community; when the delay may result in the destruction of evidence of a serious crime or when a delay may result in flight from the jurisdiction by a student suspected of serious criminal activity. Unless the school has requested the law enforcement agency to interview the student, the building administrator shall document the request to interview and note whether any court orders, subpoenas or warrants were presented. The building administrator shall verify the identity of the law enforcement agent(s), if unknown to the building administrator.

In those circumstances when an interrogation may expose a student to criminal charges, the building principal should also attempt to verify with the officer/investigator that the student(s) has been or will be informed of his/her right 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.

School officials must cooperate with law enforcement authorities when law enforcement agents have a warrant for a student's arrest and must allow the arrest to take place on school grounds, if requested by a law enforcement agent. If a law enforcement agent seeks to arrest a student without a warrant, the law enforcement agent must have probable cause to believe that the student committed a crime and must explain the emergency reasons for a warrantless arrest. The building administrator should document the reasons the law enforcement agent provides for the need to arrest the student on school grounds and shall determine if an emergency exists.

Upon the arrest of a student, the law enforcement agent should immediately make a reasonable attempt to notify the student's parent or legal guardian of the arrest and the location where the student has been taken. The building administrator shall also promptly notify the student's parent.

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

When an authorized law enforcement officer or the State's Children's Service Agency removes a student, the building administrator shall also notify the parent(s) and the Superintendent.

No school official may release personally identifiable student information in education records to the policy or the State's Children's Services Agency without prior written permission of the parent, a lawfully-issued subpoena, a court order or a health or safety emergency. (See Board Policy 8330).

34 C.F.R. 99.36
325 ILCS 5/1 et seq.
89 IL Admin. Code 300.110

Adopted 6/23/09