Code: KN-AR
Adopted: 3/25/02
Revised: 1/22/07
Orig. Code(s): R961
Relations with Law Enforcement Agencies
Definition – For the purpose of this policy:
1. "Law enforcement agency" means:
a. Any law enforcement agency authorized by state law to investigate matters pertaining to juveniles; and
b. With respect to schools located on the Warm Springs Reservation, any Tribal or Federal law enforcement authority empowered by Tribal Code of Federal Law to investigate matters pertaining to juveniles;
2. "Law enforcement official" means any regularly employed or specially appointed agent of any law enforcement agency, while working in said capacity, excluding the School District’s Resource Officer (DRO);
3. "School authority" means the superintendent or designated administrator, principal or vice principal of the school, and any designee of any of the foregoing, acting as a school building supervisor.
General Procedures
The cooperation between district and law enforcement agencies is based on mutual respect for the inherent responsibility to protect student welfare and civil rights. While the district has a role In-Loco-Parentis, that role should not interfere with any law enforcement agencies’ performance of duty. In return, the law enforcement agencies understand the district’s role when they are on school grounds. The district procedures recognize the need for mutual cooperation to promote positive student attitude toward law enforcement agencies.
Interviewing Procedures
Whenever circumstances require law enforcement officials (LEO), other than the DRO, to contact juveniles or adult students in school related to investigation of crimes, or for other purposes, the following guidelines are established except for abuse investigations as described below:
1. The law enforcement official (LEO) shall explain the reason for them to make contact with a student to the School Authority in charge of the student, and request permission to interview the student;
2. The School Authority shall use his or her independent judgement to determine whether the problem presented by the LEO warrants interruption of the student’s educational activities, and if so, will make the student available. If interruption is not deemed warranted, the School Authority shall advise the LEO that the interview cannot be granted on school time and property without a Court Order. The School Authority will refer to for guidance when the LEO requests custody release of a student without a Court Order;
3. If the interview is granted, the school authority shall remain present with the student during the interview. Parents or guardians need not be contacted prior to an interview, however, if the parent is aware of an interview, reasonable attempts by the building administration will be made to contact the parents so they can be allowed to be present during the interview;
4. The interview procedures are the responsibility of the law enforcement official, subject to the district’s supervisory authority. The school authority will terminate any interview that becomes abusive, threatening or physical or when they believe the rights of a student are being violated;
5. School authorities shall make a record of law enforcement interviews and/or arrests including names of all persons involved, date, time, place of interview, parental response, results and other pertinent circumstances. The record shall not become a part of the juvenile’s school behavioral record;
6. The above procedures do not apply in child abuse investigations where the student being interviewed is the victim, however, the procedures apply if the student is the suspected abuser, or a witness. School personnel are to be notified prior to an investigation occurring on school premises. There are no statutes or rules requiring school employees to be present during an interview. The school administrator or designated representative may, at the investigator’s discretion, be present to facilitate the investigation. The investigator, or investigating agency shall be advised of the child’s handicapping conditions, if any, prior to interview with the affected child. School staff members are not authorized to reveal anything that transpires during an investigation in which they participate. Nor shall the information derived from an investigation become part of a child’s school record (see ORS 418.747; 418.748, 418.749; 419B.005 to 419B.050).
Release of Juveniles to Law Enforcement Custody
Whenever it becomes necessary for law enforcement officials to take juveniles into custody and remove them from school property, the following guidelines apply:
1. The law enforcement officials shall explain the reason for removal to the principal or designee in advance;
2. School officials shall not release students to the custody of a law enforcement official unless the custodial parent or other legal guardian of the student consents. Exceptions may be made if any one of the following circumstances exist. However, the school official releasing the student to custody shall notify the student’s parent or legal guardian as soon as is practical.
a. Failure to release the student to said custody may endanger the student or student body at large; or
b. The student is a juvenile court ward or is on formal juvenile department probation, and custody is requested by said juvenile court or department; or
c. There is an appropriate court order or other evidence satisfactory to school officials requiring removal of the student to custody of the requesting official (reference ORS 418.010); or
d. Custody is demanded by a peace officer, a juvenile court counselor, a CSD employee, or a person authorized by the Jefferson County Juvenile Court, because probable cause exists to believe that the student has committed criminal acts which would subject the student to being arrested without a warrant if the student were an adult (reference ORS 419.569 and/or ORS 133.310).
3. School authorities shall require a signed receipt where a juvenile is taken into custody and removed from the school property;
4. School authorities shall make a record of names of all persons involved, date, time, circumstances involved, parental response and pertinent facts related to the release of the juvenile to protective custody.
Contacting Law Enforcement Guidelines
School authorities shall seek law enforcement assistance (police) immediately and contact parents of suspected students upon the occurrence or report of the following:
1. Bomb threats;
2. Fights with weapons;
3. Fights with serious physical injury;
4. Extortion;
5. Serious student harassment, including physical, sexually, and/or cyberbullying;
6. Thefts over $50; under $50 school authorities may use discretion;
7. Illegal possession or use of drugs including alcohol;
8. Under influence of alcohol or drugs at school events;
9. Traffic violations;
10. Criminal trespass;
11. Any other condition requiring law enforcement officials.
Relations Between District and District Resource Officer
The School District Resource Officer (SRO), shall work under the direction of the superintendent or designee when on school property or at school events. The SRO shall be evaluated by the superintendent or designee in coordination with the SRO police chief or designee. In matters of violation of law, the SRO shall act independently of school matters.
Traffic Safety
Any peace officer of the State of Oregon shall have the authority to enforce traffic and vehicle regulations adopted by the District pursuant to ORS 332.445(2).