Policy reflects Minnesota statute and aligns with other District 270 policies.
Cooperation with law enforcement agencies is essential for the protection of students, staff and community and for safeguarding District properties.
Relationships between the District and officials of law enforcement agencies concerning students involved in investigative and /or arresting matters will take into consideration the respective roles of the schools and law enforcement agencies in assisting and protecting the interests of the community, and ensuring the rights of all concerned.
Relationships between the District and officials of law enforcement agencies concerning enforcement of state statutes and municipal ordinances will take into consideration the respective roles of the schools and law enforcement agencies in assisting and protecting the interests of the community, and ensuring the rights of all concerned.
Reviewed: April 3, 2018
Regulations begin below.
REGULATIONS RELATIONS WITH LAW ENFORCEMENT AUTHORITIES
I. ROLES AND RESPONSIBILITIES - PRINCIPAL/OFFICER
A. Police officers wishing to come to the school for official business must contact the school principal or designee. Police officers are encouraged to work through the liaison officers at the school to better coordinate and facilitate the interviewing of students.
B. The principal or designee will be responsible for the notifications specified in these regulations. Some of the factors the principal may consider are:
1. Has the officer tried to interview the student outside of school, if practical?
2. Has the officer tried to notify the parents/guardian?
3. How serious is the offense being investigated?
4. Is there an urgency to the investigation that would necessitate interviewing the student at school?
C. Principals and police officers are encouraged to contact the director of Administration whenever they have a question or a disagreement regarding police access to students.
D. Throughout this process, all attempts should be made to avoid embarrassing the students before teachers and peers and to avoid disrupting the educational program of the student by making the student miss class time. Unless a safety issue, law enforcement personnel should remain in the administration office while school personnel seek out the student.
1. When licensed police officers have a warrant for or probable cause to arrest a student they must be permitted to arrest the student.
a. The schools should contact the police department for verification of an officer’s name and status before releasing a student whenever an officer is outside his or her jurisdiction or unknown to the school.
b. Whenever possible the arrest should be conducted in an office out of the view of the other students.
c. Before removing a student from the school in a non-school related incident, police officers shall leave documentation for the removal that will be kept on file with the school office.
d. The principal should attempt to notify the parents/guardian immediately and document the contact.
2. Agents of the Federal Government, Postal Inspectors, Treasury Agents and agents of the Federal Bureau of Investigation also have the power to arrest. Normally, their contacts with the school will be for the purpose of investigation, and they usually cooperate with the local police in making arrests. However, on occasion this authority may be exercised directly; and when they feel it necessary to take a student into their custody, they shall follow procedures detailed in section II a.
1. The following procedures apply to students who are under the age of eighteen. Students eighteen years of age or older may agree to talk to police officers or refuse to talk to police officers without prior parental notification.
2. For students who are under the age of eighteen, prior to the interview, a reasonable attempt shall be made to notify the parent/guardian (except in cases of suspected child physical or sexual abuse or child neglect - Minn. Stat.).
3. The principal or designee will notify the officer(s) of the parent's/guardian's response, if the principal or designee has been able to communicate with the parents/guardian.
4. In the presence of the student and the officer, the principal or designee will notify the student and the officer of the parent's/guardian's response. The principal or designee will also notify the student that he/she does not have to speak with the officer if he/she does not wish to do so.
5. If the officer(s) are not able to comply with the parent's/guardian's response, the administrator will notify the parent/guardian that the interview is occurring against the parent's/guardian's desires.
6. If the parent/guardian cannot be reached prior to the interview, the school should send written notification and attempt to leave a voicemail message informing the parent/guardian that an interview has taken place.
7. All interviews should be conducted in a private room or area where confidentiality can be maintained. This should be an area removed from observation by or contact with other people and school personnel.
III. SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION
A. State Statute 243.166, Community Notification and Registration Act, obligates local law enforcement agencies to make certain notifications upon the return of convicted sexual offenders from correctional facilities.
B. The local law enforcement agencies have discretionary authority to notify the Hopkins School District upon the return to the community of a level 2 sexual offender.
C. Notification of a level 2 sexual offender will first be made to the director of Administration. The director of Administration will, in consultation with school principals, determine the "need to know" listing of school employees including appropriate service providers (i.e., bus line, etc.) Data privacy statutes, policies and regulations will be adhered to during notification proceedings.