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BP 5145.11

Questioning And Apprehension By Law Enforcement

Section:
5000 - Students
Status:
Active
Adopted:
2022-12-15

BP 5145.11 — Questioning And Apprehension By Law Enforcement

Section: 5000 - Students
Status: Active

Adopted: 2022-12-15

Policy text

QUESTIONING AND APPREHENSION BY LAW ENFORCEMENT

The Governing Board believes that the safety of district students and staff is essential to achieving the goal of student learning.  In accordance with standards specified in law, law enforcement officers may interview and question students on school premises and may remove them when appropriate.

The Superintendent or designee shall collaborate with local law enforcement agencies to establish procedures which enable law enforcement officers to carry out their duties on school campus, including, when necessary, the questioning and/or apprehension of students.

When any law enforcement officer requests an interview with a student, the principal or designee shall request the officer’s identity, their official capacity, and the legal authority under which the interview is to be conducted.  The principal or designee shall maintain a record of all documentation relative to law enforcement interviews of students. The principal or designee shall accommodate the interview in a way that causes the least possible disruption for the student and school and provides the student with appropriate confidentiality.

At the law enforcement officer’s discretion and with the student’s approval, the principal or designee may be present during the interview.

The principal or designee shall attempt to notify the student’s parent/guardian of the law enforcement interview on school premises as soon as legally permit.

If a minor student is removed from school into the custody of law enforcement, the principal or designee shall immediately notify the parent/guardian or responsible relative regarding the student’s release and the place to which they are reportedly being taken, except when the minor has been taken into custody as a victim of suspected child abuse. 

EDUCATION CODE

44807 Teacher’s duty concerning conduct of students

48264 Arrest of truants

48265 Delivery of truant

48902 Notice to law enforcement authrities

48906 Release of minor pupil to peace officers; notice to parent, guardian

48909 Narcotics and other hallucinogenic drugs (re-arrest)

CODE OF CIVIL PROCEDURE

416.60 Service of summons or complaint to a minor

PENAL CODE

1328 Service of subpoena

830-832.17 Peace officers

WELFARE AND INSTITUTIONS CODE

627 Custody of minor

CALIFORNIA CODE OF REGULATIONS, TITLE 5

303 Duty to remain at school

COURT DECISIONS

Camreta v. Greene, (2011) 131 S.Ct. 2020

In re William V., (2003) 111 Cal.App.4th 1464

People v. Lessie, (2010) 47 Cal. 4th 1152