Government Authority

Questioning of Students

When law enforcement officers or other lawful authorities wish to question or interview a student at school:

• The principal will verify and record the identity of the officer or other authority and ask for an explanation of the need to question or interview the student.
• The principal ordinarily will make reasonable efforts to notify parents unless the interviewer raises what the principal considers to be a valid objection.
• The principal ordinarily will be present unless the interviewer raises what the principal considers to be a valid objection.

Students Taken into Custody

State law requires the District to permit a student to be taken into legal custody:

• To comply with an order of the juvenile court.
• To comply with the laws of arrest.
• By a law enforcement officer if there is probable cause to believe the student has engaged in delinquent conduct in need of supervision.
• By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the Juvenile court.
• By an authorized representative of Child Protective Services, Texas Department of Protective and Regulatory Services, a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in the Family code relating to the students physical health of safety.

Before a student is delivered to a law enforcement officer or other legally authorized person, the principal will verify the officers identity and, the the best of his or her ability, will verify the officers identity and, to the best of his or her ability, will verify the officials authority to take custody of the student. The principal will immediately notify the superintendent and will ordinarily attempt to notify the parent unless the officer or other authorized person raises what the principal considers to be a valid objection to notifying the parents. Since the principal does not have the authority to block a custody action, notification will most likely be after the fact. The district is also required by state law to notify

• All instructional and support personnel who have responsibility for supervising a student who has been arrested or referred to the juvenile court for any felony offense or for certain misdemeanors.
• All instructional and support personnel who have regular contact with a student who has been convicted or adjudicated of delinquent conduct for any felony offense or certain misdemeanors.