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427P - Interview by Law Enforcement and/or Child Protective Services

The board desires to cooperate with law-enforcement officers and/or child protective services workers while at the same time protecting the rights and reputations of students under its jurisdiction.  Law-enforcement officers shall not be allowed to interview a pupil on school property unless a school representative, the pupil's parent or guardian, or the pupil's attorney is present.  

The exception to the requirement of a school representative, the pupil's parent or guardian, or the pupil's attorney being present is when the law enforcement representative and/or child protective services worker is conducting an investigation of suspected child abuse or neglect.  Then the interview may be conducted at school without the consent of the parent, without the knowledge of the parent, and outside the presence of siblings, parent, guardian, legal custodian, or school personnel (Code of Virginia, § 63.2-1518).  The school principal shall assure that all school staff complies with this policy. 

When a law enforcement officer, while on school property, observes a student committing an act designated a crime and the officer believes that taking the child into immediate custody is necessary for the protection of the orderly environment of the school, then the officer may take the child into immediate custody without a petition from the court or a warrant.  A law enforcement officer may also take a child into immediate custody when he has received a reasonable complaint from school personnel that the child has committed assault and battery, carried a weapon, or may have committed an offense which if committed by an adult would be a felony.  (Code of Virginia, § 16.1-246) 

The superintendent shall promulgate regulations to assure compliance with this policy. 

 

Adopted:         February 6, 1990

Revised:          October 4, 2006