Monroe Local School District
Bylaws & Policies
 

5540 - INTERROGATION OF STUDENTS

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.

Such agencies should investigate alleged violations of the law off school property if at all possible. An investigation can take place immediately on school property at the request of the building administrator if the alleged violation of law took place on school property or in emergency situations.

When police 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.

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.

In those circumstances when an interrogation may expose a student to criminal charges, the building principal should also verify that the student(s) has been 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.

If the student is the subject of a child abuse/neglect investigation, the building administrator shall attempt to contact the parent prior to questioning, and s/he or a designated guidance counselor will remain in the room during questioning. If an agency investigating child abuse/neglect indicates that the parent is believed to be the perpetrator, the building administrator will not contact either parent prior to the interview. The building administrator or a designated guidance counselor will remain in the room during questioning.

All attempts to notify the parents should be documented diligently.

When an authorized law enforcement officer or children's services agency removes a student, the building administrator shall notify the parent and the Superintendent.

No school official may release personally identifiable student information in education records to the police or children's services agency without prior written permission of the parent, a lawfully-issued subpoena, or a court order. (See Board Policy 8330).

R.C. 3313.20, 3319.321

Revised 1/8/07