It is the intent of the district to cooperate with law enforcement agencies in the interest of the welfare of all citizens.  The district also has a responsibility to the individual student and his/her parents to ensure that the student’s education is not unnecessarily interrupted and that his/her individual rights are protected.

When it is necessary for law enforcement officers to interview, detain or take into custody students at school during school hours, special consideration should be given to whether the matter is school connected, the gravity of the situation and if the officer has a petition or warrant to take the student into custody.

The principal may request law enforcement assistance in conducting an investigation.

If it is necessary for law enforcement officers to interview, detain or take into custody a student, the principal or his/her designee will follow these recommendations to ensure compliance with Oregon Revised Statutes.  School personnel are responsible for cooperating with, and making it possible for, law enforcement officials to interview students on school premises.

1. Any investigation regarding possible child abuse is governed by Board policy JHFE - Reporting of Suspected Abuse of a Child and administrative regulation JHFE-AR - Reporting of Suspected Abuse of a Child.
2. It is the responsibility of a law enforcement officer who wishes to interview a student at school for law enforcement purposes to contact that student’s parent or guardian in order to obtain advance authorization for the interview except for those students who are 18 years of age or emancipated.   For this purpose, school personnel shall provide the telephone number of a student’s parent or guardian to a requesting law enforcement officer unless the parent/guardian has filed written notice with the school that the student’s/parents’ phone number should not be disclosed under the district’s “directory information” procedure.

If the law enforcement officer determines in his or her sole discretion that contacting the parent or guardian in advance will interfere with legitimate law enforcement business or create a health or safety risk to the student or others, the law enforcement officer may interview the student without parental or guardian notification.  In either event, the law enforcement officer must sign and complete the district’s Notification Record prior to the interview taking place, or, if exigent or emergency circumstances exist, prior to the officer leaving the school site.

3.  The principal or staff member may be present during an interview of a student by
      law enforcement.  Exceptional circumstances may make this inappropriate. 
      Upon a request from the student, or if the officer insists that the circumstances
      of the investigation make such presence inappropriate, a staff member should
      not be present.

4.  School personnel may not require that a student answer an officer’s questions. 
     School personnel have no authority to waive the student’s constitutional right to
     remain silent or have an attorney, and if a student possesses sufficient
     understanding to effectively waive these rights, he/she does not need any
     assistance from others to do so.  If he/she does not understand, or is too immature
     to understand, then the only source of a waiver should be from his/her parents or
     guardians.  School personnel have no obligation, and should not assume, to
     interfere with an officer conducting an interview.  The student’s parents will be
     notified, if possible, prior to interview by a law enforcement officer.

5.  If an officer comes to arrest a student and has a warrant or summons for that
     purpose, it is appropriate that school personnel, and all others, aid in the
     apprehension and detention of that student.  School officials should determine
     from the law enforcement officer any special considerations for bringing the
     student to the office for the interview.  To maximize safety of the student-suspect,
     other students, faculty and staff, the administrator should seek and follow
     guidance provided by the law enforcement officer.

6.  Whenever a student is arrested and taken from the school, it is the statutory
     responsibility of law enforcement to notify the parent/guardian of the charge and
     location of the arrested juvenile; however, a reasonable effort shall be made by
     school authorities to inform the student’s parent of the arrest, charges as they are
     known and the officer’s name and agency who took the student into custody.

7.  Staff will treat the fact that an investigation is occurring and the facts resulting
     from the investigation as confidential.

Since a private individual who holds a court’s subpoena to be served upon a student is in many respects an officer of the court in that capacity, cooperation must be offered to him/her to the extent an opportunity to deliver that subpoena to a student over 14 years of age occurs during the school day.  The subpoena server may be requested to wait to serve that subpoena until the student has completed a class period or until such other time as service will not interfere with the school program.  The right to serve a subpoena to those over 14 years of age does not mean, that the individual be permitted to interview the student: he/she may do so only according to other provisions governing contact with students in the school.

A staff member should be present when the subpoena is served to ensure that the subpoena server does not exceed his/her grant of right.

ORS 329.150
ORS 419B.015
ORS 419B.045

Letter Opinion, Office of the Attorney General (August 18, 1986).

Greene v. Camreta, 588 F.3d 1011 (9th Cir. 2009), vacated in part by, remanded by Camreta v. Greene, 131 S. Ct. 2020 (U.S. 2011); vacated in part, remanded by Greene v. Camreta 661 F. 3d 1201 (9^th Cir. 2011).

JFG - Student Searches and Inspections

If it is necessary for law enforcement officers to interview, detain or take into custody a student then the principal or his/her designee, will follow these regulations to ensure compliance with Oregon Revised Statutes (162.245, 162.325, 162.345, 336.067).  School personnel are responsible for cooperating with, and making it possible for, law enforcement officials to interview students on school premises.

1. The application of this regulation does not involve "Child Abuse" investigations.  Any investigation regarding possible child abuse is governed by JHFE-AR - Reporting of Suspected Child Abuse.
2. It is the responsibility of a law enforcement officer who wishes to interview a student at school for law enforcement purposes to notify that student's parent or guardian of the interview.  For this purpose, school personnel shall provide the telephone number of a student's parent or guardian to a requesting law enforcement officer unless the parent/guardian has filed written notice with the school that the student/parents' phone number should not be disclosed under the district's "directory information" procedure.  In these circumstances school staff can contact the parents and hand the telephone to the officer.

If the law enforcement officer determines in his or her sole discretion that contacting the parent or guardian in advance will interfere with legitimate law enforcement business, or create a health or safety risk to the student or others, or the student's parent or guardian refuses to consent, or the student's parent or guardian consents to the student being interviewed, or that the law enforcement officer may interview the student without parental or guardian notification, the law enforcement officer will be asked to complete and sign a "Notification Record" (Refer to Appendix A).  School Resource Officers and school administrators can agree to other forms of notification.

3.  Ordinarily, the principal or staff member may be present during an interview of a
     student by police.  Exceptional circumstances may make this inappropriate.  Upon
     a request from the student, or if the officer believes that the circumstances of the
     investigation make such presence inappropriate, a staff member should not be
     present.

4. School personnel may not require that a student answer an officer's questions. 
    School personnel have no authority to waive the student's constitutional right to
    remain silent or have an attorney.  School personnel have no obligation, and
    ordinarily should not assume, to interfere with the officer's conduct of the interview.

5. If an officer comes to arrest a student and has a warrant or summons for that
    purpose, it is appropriate that school personnel, and all others, aid in the
    apprehension and detention of that student.  School officials should determine
    from the law enforcement officer any special considerations for bringing the
    student to the office for the interview: for example, will the suspect/student fight
    or flee?  To maximize safety of the student/suspect, other students, faculty and
    staff, the administrator should seek and follow guidance provided by the law
    enforcement officer.

6. When a student is arrested and taken from the school, it is the statutory
    responsibility of law enforcement to notify the parent/guardian of the charge and
    location of the arrested juvenile.  Nothing precludes school authorities from
    coordinating with the law enforcement officer to also notify the student's parents or
    guardian about the custody of the student, and the name of the officer and agency
    involved.

7. Staff will treat the fact that an investigation is occurring and the facts resulting from
    the investigation as confidential.

Since a private individual who holds a court's subpoena to be served upon a student is in many respects an officer of the court in that capacity, cooperation must be offered to him/her to the extent of an opportunity to deliver that subpoena to a student over 14 years of age during the school day.  The subpoena server may be requested to wait to serve that subpoena until the student has completed a class period or until such other time as service will not interfere with the school program.  The right to serve a subpoena to those over 14 years of age does not mean, however, that the individual be permitted to interview the students: indeed, he/she may do so only according to other provisions governing contact with students in the school.

A school staff member should be present when the subpoena is served to ensure that the subpoena server does not exceed his/her grant of right.

I take sole responsibility for notifying the parents or guardians of                 _____ (student's name) regarding my investigation/interview.  

Please check the appropriate box.

_____  Parents/Guardian consented to my interview/search
_____  No Consent - interview/search conducted
_____  No Notice to parent or guardian due to emergency circumstances
_____  No Contact with parents - interview/search conducted

Date:  ________________

I am an officer with:  _____________________________

______________________________________________
Officer's Signature and DPSST#

Agency Case Number ____________________________