1411

Policy

 

Community Relations

 

Law Enforcement

 

It is the intent of the board that the employees of the district cooperate with law enforcement agencies in such a manner that the rights of the school, the home, civil authorities, and individuals be understood and protected.

 

The superintendent is charged with formulation of administrative regulations for implementation of this policy, including provisions for inservicing of employees about the rights of individuals.  Such regulations shall include the following:

 

A.            Removals of Students and Interviews of Students

 

In dealing with law enforcement officials, Ashland-Greenwood Public Schools employees are not to obstruct government operations or unreasonably refuse or fail to aid a peace officer, but are also to attempt to prevent undue interference with District operations or educational programming.

           

1.             Removals of Students by Law Enforcement Officials

 

Law enforcement officers should not be permitted to remove a child from school while the child is properly in attendance, without permission of the child’s parent or guardian, except when legally authorized to do so.  For purposes of this policy, a law enforcement officer is defined as: sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. (Neb. Rev. Stat. §49-801).

 

Law enforcement officers may in the line of duty require a student to accompany him or her for questioning or detention either with or without an arrest warrant.  A peace officer has the lawful authority to take immediate temporary custody of children under the age of 18 with an arrest warrant, or without a warrant or order of the court when:

(1)        the child has violated a state law or a municipal ordinance and the officer has reasonable grounds to believe the child committed such violation;

(2)        the child is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the child’s protection;

(3)        the officer believes the child to be mentally ill and dangerous as defined in Neb. Rev. Stat. §71-908 and that the harm described in that section is likely to occur before proceedings may be instituted before the juvenile court;

(4)        the officer has reasonable grounds to believe that the juvenile has run away from his or her parent, guardian, or custodian;

(5)        a probation officer has reasonable cause to believe that a juvenile is in violation of probation and that the juvenile will attempt to leave the jurisdiction or place lives or property in danger; or

(6)        the officer has reasonable grounds to believe the juvenile is truant from school. (Neb. Rev. Stat. §§43-418 and 43-248).

 

If a peace officer or probation officer requests to take custody of a student who is at that time under the control and jurisdiction of Ashland-Greenwood Public Schools, the following action is to be taken:

 

a.     Establish Authority to Remove. The student should be released after appropriate measures are taken and documented to ensure that the officer has the authority to take the student. The form attached as Exhibit “A” to this Policy may be used for this purpose.

 

b.    Notify Local Law Enforcement. In some instances there may be orders for custody of a student served by the officers with authority to arrest from outside the jurisdiction of Ashland-Greenwood Public Schools.  Local law enforcement should be contacted and requested to participate in or monitor the removal. 

 

c.     Notify Parent of Removal. When a principal or other school official releases a minor student to a peace officer for the purpose of removing the minor from the school premises, the principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor student to the officer and the place to which the student is reportedly being taken. Provided, however, when a minor student has been taken into custody as a victim of suspected child abuse, the principal or other school official is not required to notify the parent or guardian, but shall provide the peace officer with the address and telephone number of the minor student’s parents or guardian.

 

A student should not be released to a private detective or “special police officer” who is not an officer of a Nebraska political subdivision or an officer of an agency of the federal government without consent of the student’s parent, guardian or custodian.

 

2.         Interviews of Students by Law Enforcement Officials

 

Law enforcement officers and other law authorities should be urged to contact students for questioning outside the instructional day and off school premises whenever possible. When it is appropriate that such questioning occur, the following guidelines are to be followed:

 

a.     Interviews not related to District Events. If an interview of a student is requested during school hours concerning an ongoing investigation of a crime not related to Ashland-Greenwood Public Schools, questioning should not take place until the student’s parent, guardian or custodian has been contacted and permission is given for such interview. The consent should be documented. The presence of a school employee during the interview is not necessary.

 

b.    Interviews related to District Events. If the investigation relates to an incident which took place on school premises or during instructional time, it is not necessary to obtain consent of the student’s parent, guardian or custodian.  In these situations, an employee of the District should be present during the interview to ensure that the interview relates only to the incident which took place on school premises or during instructional time or something which is directly related thereto.


 

c.     Child Abuse or Neglect. If an investigator represents that an interview is necessary to collect information concerning an allegation of child abuse or neglect or an offense involving a family relation and it is clear that obtaining parental consent for the interview would be impossible or counter-productive, the interview may be conducted without consent of the student’s parent, guardian or custodian.  In these situations, an employee of Ashland-Greenwood Public Schools should be present during the interview to ensure that the interview relates only to those matters.

 

d.    Probation Officer Interview. A probation officer assigned to a student by a court may be allowed the opportunity, on request, to interview a student on school premises.  In such situations, it is neither necessary nor desirable that a District employee be present during the interview.  It also is not necessary to obtain the consent of the parent, guardian, or custodian. 

 

3.         Disclosure of Student Records

 

School employees shall not, in the course of dealing with a peace officer or probation officer, disclose any confidential student records or information from such student records other than in response to a court order or subpoena or as otherwise authorized by state law and the Family Educational Rights and Privacy Act (FERPA).

 

4.         Removals and Interviews by Persons other than Law Enforcement Officials

 

A person who comes to school premises to interview a student or remove a student prior to the end of the student’s instructional day must obtain permission of an administrator or designee. 

 

Permission to remove is not to be granted without consent of the student’s parent, guardian or custodian, or a person authorized by the student’s parent, guardian or custodian to give such permission.

 

Permission to interview on subjects not related to school matters is not to be granted unless there is a clearly valid and proper reason for the interview and such is not disruptive to school operations or the student’s educational program.  Ordinarily such contacts shall be restricted to the student’s parent, guardian or custodian or a friend of the family when an emergency or other similar circumstance exists. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.         Nothing in this policy shall prevent an officer or officers without parent permission from participating in school activities such as:

·         visiting school and talking with students informally;

·         serving as a guest speaker in a classroom;

·         providing instruction to students on drug, alcohol and tobacco use education, gang resistance or other matters of personal safety; or

·         reviewing with students what is criminal behavior and the possible consequences of engaging in criminal behavior.

 

 

Legal Reference:                       Neb. Rev. Stat. §§43-248; 43-418; 79-294; 79-2,104

20 U.S.C. §1232g (FERPA)

 

 

Adopted: October 4, 1983

Revised: November 1, 1994

Revised: March 3, 1997

Revised: April 4, 2005

Revised: September 20, 2010

 


                                    1411

Regulation

Community Relations

 

Law Enforcement

 

Admission to Building

 

All law enforcement shall report to the office of the building principal upon entering any school buildings unless that officer's presence has been approved in advance, the officer is in the building at the request of school officials, or the officer is in the pursuit of an active crime.

 

Only law enforcement within jurisdiction within the Ashland-Greenwood School District or who have jurisdiction over a criminal investigation being conducted are authorized to conduct investigations in the Ashland-Greenwood Public Schools.  This may include but is not limited to Ashland Police Department, Saunders and Cass County Sheriff's offices, Nebraska State Patrol, Nebraska Fire Marshall's Office, Federal Agents and other enforcement agencies having jurisdiction.

 

Officers shall state to the building principal, his or her designee or Superintendent, the purpose and nature of their investigation.  Whenever possible, officers shall be asked to conduct their investigation outside of school so as not to interrupt the school and learning.

 

Probation officers and Nebraska Department of Health and Human Services Child Protective Service (CPS) workers shall not be considered law enforcement officers for the purpose of this policy.  Probation officers or Child Protective Service workers from NDHHS may be permitted to interview students at school if the student(s) has or have been assigned to him or her as a ward of the court or state ward and may be permitted to take the student into custody and may be permitted to interview students assigned to them without the presence of school officials. In all other cases probation or child protective service workers must be accompanied by a law enforcement official.

 

Questioning

 

Law enforcement officers shall only be allowed to question students with parent or guardian permission unless:

 

a)     the child is 18 years of age or older and willingly consents to the questioning,

b)    when a crime has been or is suspected to have been committed on school premises,

c)     when an officer is in the building in the active pursuit of active criminal behavior, or

d)    the student(s) are being questioned as a result of an investigation of child abuse or neglect by the parent or legal guardian.

 

In all other situations law enforcement officers shall obtain parent or legal guardian permission prior to questioning students.  It shall be the judgment of the Principal or his or her designee that determines when parents should or should not be contacted in advance.  School representative shall be present as a part of the interview unless a parent or legal guardian is available.  School officials shall not participate in the questioning of the student.  Students shall be notified that they do not have to answer any questions posed to them by law enforcement and may be given the opportunity to contact a parent or legal guardian prior to answering any questions in an age appropriate manner.


 

Removal of Students by Law Enforcement

 

Law enforcement officers shall be allowed to remove students from the school building(s) only with the knowledge of the building principal or his or her designee and only in the following situations:

 

a)     the officer has a signed warrant for the student's arrest;

b)    a court order is presented giving custody of the child to another individual or agency;

c)     a student is removed at the request of the building principal; or

d)    a student has been arrested for a crime committed on school premises or following the active pursuit of an active crime.

 

Parent/Legal Guardian Notification

 

If a parent or legal guardian has not been notified in advance.  The building principal or his or her designee shall notify the parent or legal guardian of any questioning or removal of their child immediately following the event unless the law enforcement officer assures the building principal or his or her designee that the officer will be making the contact prior to the time the child would normally return home or unless the principal or his or her designee is not permitted to make contact by law enforcement.

 

Revised: June 20, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Community Relations                                                                                           Policy 1411 – Form A

 

 

 

1411--Exhibit A

Affidavit and Release to Remove Student

Date:_____________

The undersigned hereby states and affirms to the Ashland-Greenwood Public Schools as follows:

 

1.             That I am duly-appointed and acting peace officer employed by ____________________________________ and am currently acting within the scope of such employment.

 

2.             That request is hereby made of the Ashland-Greenwood Public Schools to deliver to me the following named student:_____________________________________.

 

3.             That I am entitled to immediate physical custody of said student by virtue of:

 

(  ) Neb. Rev. Stat.  43-248 for the reason that said student (1) violated a state or municipal law in my presence, (2) is believed by me to have committed a felony, (3) is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the student’s protection, or (4) is believed to have run away from his or her parent, guardian, or custodian.

 

(  )  There having been issued a valid warrant for such student’s arrest, a true copy of which is attached hereto.

 

(  )  There being reasonable grounds for me to arrest such student without a warrant, such grounds being that:   _____________________________________

__________________________________________________________________

 

(  )  Other (specify) the student being placed under arrest due to following authority: _________________________________________________________

__________________________________________________________________

 

4.         That the undersigned will take immediate action to notify the parent(s), custodian, or legal guardian of said student that said student has been taken into custody and the reason or reasons for said custody.

 

5.         That the undersigned has the legal right to take custody of the student without the consent of said student’s parent(s), guardian, custodian, or the Ashland-Greenwood Public Schools.

 

6.             That any facts or circumstances set out on the back of this affidavit and release are true and correct and are incorporated herein by reference.

 

                                                                                   

.________________________________.

 

(Give complete description of officer’s name and position, including badge number)