JFG Policy - Interrogations and Searches
School property including books, desks, lockers, and other storage facilities, may be inspected by school personnel at any time to determine cleanliness or for other reasons determined appropriate and proper by school authorities.
When in the judgment of school officials it is reasonable and appropriate to conduct a search of a student or his personal belongings for any purpose determined to be necessary for the health and safety of students, protection of property or other reason which would make the search of an individual and his personal property reasonably justified, then a search may be conducted.
To the extent possible, searches by school officials of students, students' personal belongings and student lockers shall be conducted so as to protect the students' rights consistent with the responsibility of the school district to provide an atmosphere conducive to the educational process.
The school district has the legal custody of students during the school day and during hours of approved extra-curricular activities. It is the responsibility of the school administration to make an effort to protect each student’s rights with respect to interrogations by law enforcement officials. Therefore:
1. When law enforcement officials find it necessary to question students during the school day or periods of extra-curricular activities but do not possess a duly issued warrant or subpoena of a court having proper jurisdiction, the school principal or designee shall be present and if the purpose of the request for interrogation is to determine whether or not the student has committed a crime, the principal or his designee shall attempt to contact the student’s parents and may direct the law enforcement personnel to not interrogate the student until such time as the parents can be present.
2. If it appears that custody or arrest is involved, the principal should request that all procedural safeguards as prescribed by law be observed by law enforcement officials.
3. When law enforcement officials and/or other state officials, including DPASS personnel, request permission to interrogate or otherwise interview a student as a potential victim or witness to a crime, then the principal or his designee which may be a guidance counselor or other person deemed appropriately by the principal, shall be present. During this time the school continues to be responsible for the student and may terminate any such interview or interrogation at any time the school official determines it is not in the best interest of the student to continue with the interrogation unless the law enforcement or state officials have appropriate documents such as a subpoena or warrant otherwise requiring the student to provide the information. If in the judgment of school officials it is appropriate to have a person of the same gender or to have any other person present during the interview for the benefit of the child, this may be requested and the interview terminated until the request is complied with.
Except to the extent provided above, school personnel will make every effort to cooperate with law enforcement and other state officials conducting their investigations particularly when the student is the alleged victim of the crime.
(Adoption date 11/19/80)
(Amended date 5/ 17 / 90)
(Amended date 6/ 18/92)