Police in School

Police may enter the school officially, if they suspect a crime has been committed, or have a warrant for search or arrest. If the police question a student, school authorities must see that all questioning takes place privately in the presence of the principal and his/her designee. No law enforcement officer will direct, solicit, encourage, attend or otherwise participate in the questioning of any juvenile by school officials unless such questioning could be lawfully conducted by the law enforcement officer acting on his or her own authority in accordance with the rules and procedures governing law enforcement interrogations and interviews. 

All information obtained by school employees concerning the commission of an offense, whether obtained as a result of the questioning of a student or otherwise, will be referred to the appropriate law enforcement agency, provided however, that nothing in any agreement shall be construed to authorize or require a school employee to divulge information or records subject to the confidentiality requirements of 42 C.F.R. Part 2, or any other applicable regulation, law or rule of evidence concerning confidential and privileged communications. 

If at all possible, parents should also be present at the questioning. Students are not required to answer any questions other than those concerning their name, age, address, or business in the school until a parent or lawyer is present. Students have the right to be informed of their legal rights, to be protected from unnecessary force, and to remain silent, just as one would if one were out of school. (Also see, “A Model for an Agreement Between Education and Law Enforcement Officials”.