5540 - RELATIONSHIP WITH GOVERNMENTAL AGENCIES

On occasion, principals will need police assistance but should avoid unnecessary and inappropriate police involvement. They are expected to be proactive in calling the police when necessary, and not to leave the decision to the discretion of other staff members, except by delegation in their temporary absence. The situations listed below are examples of situations in which it is appropriate to call the police, and their support should be expected. The District Administrator should be advised of any such situation as soon as feasible.

A. refusal of a person to leave school property after being requested to do so by the appropriate school authority

B. willful destruction of school property--particularly if the District is likely to seek restitution

C. theft--particularly if items are of value and insurance claims will be filed

D. obvious crime

E. arson

F. assaults or serious fighting--if not controlled or if serious injury results

G. forgery--if assistance is needed in determining whether it is forgery

H. possession of a dangerous weapon

I. possession of alcohol or drugs

J. sale or distribution of controlled substances

K. blackmail, threatening, or extortion of students or staff members

L. bona fide threat against a person's life or threats of terrorist acts, bomb scares, etc.

M. child abuse or molestation

N. setting off firecrackers, pulling fire alarms and similar mischief (discretionary, but advised if reoccurring or the situation is getting out of hand)

O. a student leaving school property without permission, a missing person situation, or a self-inflicted injury by a student

Interview Procedures

School officials stand in loco parentis (in place of the parent) in respect to the child. This will require the administrator to divorce himself/herself from his/her role of enforcer of discipline in the school, a very difficult task, but one that needs to be performed.

A. All attempts to notify the parents should be diligently documented.

B. Police and other authorities should investigate alleged law violations off of school property if at all possible. The investigation can take place immediately on school property at the request of the principal if the alleged law violation took place on school property.

C. When police or other authorities arrive at the school and wish to interview a student or investigate an alleged law violation, they will contact the District Administrator indicating the nature of their investigation and their desire to question a student or students, access will be granted consistent with Policy 5540 or Policy 5540.01.

D. If the District Administrator concurs that the questioning is appropriate, s/he will send for the student, move him/her to an unoccupied room and, if appropriate and a parent is not present, remain in the room during the questioning. If the situation involves suspected child abuse or an emergency requiring prompt action, notification of parents will be determined by the investigator (see also the investigation procedure in AG 8462 – Student Abuse).

E. Should a student be taken into custody or removed from the school premises by the police, the District Administrator must make every effort to notify the student's parents at the earliest possible moment of the removal.

© Neola 2008

5540 - THE SCHOOLS AND GOVERNMENTAL AGENCIES

The Board of Education is committed to maintaining the educational atmosphere of the schools and restricting access by individuals not part of the school system but also recognizes its responsibility to cooperate with law enforcement agencies and its need for assistance from law enforcement in certain circumstances.

When law enforcement requests permission to interview a student at school, the District Administrator shall be contacted prior to any further action by law enforcement. The administrator shall determine whether it is appropriate to provide access to the student based on the officer's purpose, whether the officer has stated that there is an emergency involving imminent threat, or that the officer is in possession of a valid warrant. A warrant shall be deemed valid if executed by a judicial officer and describes the school premises.

If law enforcement is contacted by the administration for assistance, administration shall maintain the lead role in the investigation and shall be present or contact a parent to be present for any interview to the extent reasonable.

When an agency requests permission to remove a student, or does remove a student without prior permission, t the District Administrator shall be notified.

Law enforcement investigations on school premises fall into two (2) primary categories. First, some investigations will occur at the request of school administration due to suspicion of a violation of school policy that may also be criminal. Second, law enforcement investigations may occur without the initiation of school officials and may or may not involve activity on school grounds.

Different procedures are to be followed in each instance as outlined below:

 

 

1.    An administrator may exercise his/her discretion in determining whether to request assistance of police in investigating a crime, or allegation of a crime, committed in his/her school building or school grounds during school hours. If assistance is so requested, it shall be directed to the local law enforcement agency and the administration shall remain the primary investigator with assistance from law enforcement. When determining whether to contact law enforcement, a school administrator shall consider the mandatory reporting requirements of Section 48.981 in the event the allegations involve suspected child abuse or neglect.

 

2.    If the administrator requests assistance, a police officer may conduct an investigation within the school building and interview students as witnesses in school during the school day. Administrators shall take steps to assure that students are not removed from classes if at all possible. The administrator shall be present during the interview unless the law enforcement officer, student or his/her parent requests that the school official not be present. The student may request other representation such as legal counsel. If a student requests legal counsel, the administrator will make an effort to contact the parent(s) and the student will be put in custody of the police. The administrator shall attempt to contact the parent(s) of any student prior to questioning by police. A decision whether to take a student into custody is the decision of the police.

 

3.    If the investigation focuses on a particular student as a prime suspect of crime, the administrator and the police officer shall abide by the guidelines with respect to any interrogation, search and arrest. Once law enforcement is involved in an investigation of possible criminal activity on school grounds, assuring that the constitutionally protected rights are respected during the investigation process is the law enforcement officers' responsibility.

 

4.    School officials shall assist and cooperate in investigations as requested by law enforcement and consistent with District responsibility to maintain the confidentiality of student records under State and Federal law.

 

 

1.    Police officers will make every effort to interview students outside of the school hours and outside of the school setting in those cases where assistance has not been requested by school authorities. This procedure will not apply to circumstances where a serious crime may be involved, or where imminent threats to persons or property may be involved or where law enforcement states that it is not feasible to interview the student outside of school due to the nature of the investigation and that they are not able to provide specific information substantiating the need to immediately interview the student.

 

2.    If the police deem it absolutely necessary to interview a student at school, the law enforcement personnel shall first contact the administrator regarding the planned visit and inform the administrator of the circumstances that require him/her to investigate within the school and obtain his/her approval to interview a student during school hours. The police officer shall not commence his/her investigation until such approval is obtained. The law enforcement personnel may appeal to the District Administrator if it is deemed that approval was unreasonably withheld.

 

The administrator shall make every effort to maintain the privacy of the student.

 

3.    Accordingly, the administrator shall do the following:

 

a.    Require the law enforcement officer to sign in upon arrival at the school and stats the reasons why questioning may not wait until after school hours. If the officer indicates it is a confidential investigation, officials shall allow access.

 

b.    Request that the student be pulled out of class by a school administrator, rather than a police officer, if necessary.

 

c.    Notify the law enforcement officer that the school official will be contacting the student's parent(s) or guardian(s) prior to questioning, unless specifically requested not to because such contact would unduly impede the investigation.

 

4.    If law enforcement officer is in possession of a valid warrant, school officials shall in no way interfere with the officer's execution of the warrant. A warrant shall be considered "valid" if it accurately describes the school facility and is executed by an authorized judicial official. District officials shall not attempt to evaluate the sufficiency of probable cause upon which the warrant is based.

 

In the event a law enforcement officer seeks to execute a warrant on school grounds, the officer is to be directed to District Administrator. The District Administrator shall attempt to assist in executing the warrant by directing the student to report to the office. The District Administrator shall then contact the student's parent. This process shall be followed unless the law enforcement official states that s/he has reason to believe that the subject of the warrant poses an immediate threat to the health and safety of others while in the school. In such a case, school officials shall grant access to the facility for execution of the warrant.

 

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

118.13(35), Wis. Stats.
118.257, Wis. Stats.

© Neola 2010