BOARD POLICY - 5145.11
The Board of Education believes that the safety of district students and staff is essential to support student learning. In accordance with standards specified in law, school site and district staff will cooperate with law enforcement officers who in the course of their duty seek information regarding individuals who have allegedly violated the law, those who have witnessed a violation, or those who may be victims of a crime.
The Superintendent or designee shall collaborate with local law enforcement agencies to enable law enforcement officers to carry out their duties on school campus, including, when necessary, the questioning and/or apprehension of students in accordance with all applicable state and federal laws.
When a law enforcement officer states his/her intent to interview a student in connection with an alleged violation of the law, the principal or designee shall verify the credentials of the law enforcement officer, his/her official capacity, the legal authority under which the interview is to be conducted, and provide an area suitable for the interview.
Whenever possible, the principal or designee will be present while the officer is interviewing the student (unless the student is 18 years of age or older and requests to speak with the officer alone) and take appropriate steps as soon as reasonably possible to notify the parent, guardian, or responsible relative of any student participating in such an interview, unless the safety of the child is at stake due to allegations of suspected child abuse (Education Code 48906).
If the student is released to a law enforcement officer for the purpose of removing the student from school, the principal or designee shall take immediate steps to notify the parent, guardian, or responsible relative unless the safety of the child is at stake due to allegations of suspected child abuse (Education Code 48906).
Legal Reference:
Education Code
44807 Duty concerning conduct of pupils
48264 Arrest or temporary custody of truants
48265 Delivery of truant to person having control of minor, or to school
48902 Notice to law authorities
48906 Release of minor pupil to peace officers; notice to parent, guardian or relative
PENAL CODE
830-832.17 Peace officers
1328 Service of a subpoena
WELFARE AND INSTITUTIONS CODE
627 Custody of a minor
CODE OF REGULATIONS, TITLE 5
303 Duty to remain at school
COURT DECISIONS
Camreta v. Greene, (2011) 131 S. Ct. 2020
People v. Lessie, (2010) 47 Ca. 4th. 1152
In re William V., (2003) 111 Cal. App.4th 1464
ATTORNEY GENERAL OPINIONS
54 Ops.Cal.Atty.Gen 96 (1971)
34 Ops.Cal.Att.Gen 93 (1959)
Management Resources:
WEBSITES
California Department of Justice, Office of the Attorney General: https://www.oag.ca.gov
Policy Adopted: June 11, 1975
Policy Revised: August 27, 1996
Policy Revised: August 27, 2002
Policy Revised: September 11, 2018