Procedure No. 3226P
Section: 3000 - Students

Interviews and Interrogations of Students on School Premises

To minimize interruption of the instructional program, the District discourages interviews and interrogations of students by law enforcement and other agencies on school premises. When a law enforcement agency, child protective services worker, immigration agent, or county health department official requests to interview or interrogate a student at school, the District will implement the following protocols.

For purposes of this procedure, a “law enforcement agency” includes, but is not limited to, the Longview Police Department, Cowlitz County Sheriff’s Office, and Washington State Patrol. A “child protective services worker” means an official of the Washington Department of Children, Youth and Families (DCYF). The “county health department” means the Cowlitz County Health and Human Services Department. An “immigration agent” means an official of the U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), Enforcement and Removal Operations (ERO), Customs and Border Protection (CPB), and U.S. Citizenship and Immigration Services (USCIS), or any other federal agent authorized to conduct enforcement of immigration laws.

A. Entering a School Building

A law enforcement officer, child protective services worker, immigration agent, or county health department official must contact the principal or designee upon entering a school building and present proper identification. School building administrative personnel will then cooperate in the manner specified below, which will depend on the type of agency requesting the interview or interrogation and whether the student sought is a witness/victim or suspect of criminal activity.

B. Interviewing Students

1. Student Witness to or Victim of Criminal Activity (Not Child Abuse or Neglect)

1. Students of any age who are witnesses to, or victims of, a crime may be interviewed by law enforcement officers without parent/guardian consent.
2.  Should it become apparent during a witness or victim interview that the student under 12 years of age is the suspect of a crime, the law enforcement officer(s) will immediately stop questioning until parental consent is obtained.
3. The principal or designee will make a reasonable effort to notify the parent/guardian of the interview if, in the opinion of the law enforcement officer(s), the notification will not hinder the investigation.
4. When prior notice has been given to the parent/guardian, the principal or designee will convey any expression of objection by the parent/guardian about the interview to the law enforcement officer(s). However, by law, the principal or designee may not prevent the interview and will so inform the parent/guardian.
5. If the parent/guardian is not present for the interview, the principal or designee will be present if the student and law enforcement request.

2. Student Witness or Victim in Child Abuse or Neglect Investigation

1. Students of any age who are witnesses to, or victims of, child abuse or neglect may be interviewed by DCYF or law enforcement so long as the interviewer obtains the student’s consent in the presence of the principal or designee. A student may not be interviewed without his or her consent unless the interviewer has a warrant or determines that exigent circumstances exist.
2. Should it become apparent during a witness or victim interview that the student under 12 years of age is the suspect of a crime, the law enforcement officer(s) will immediately stop questioning until parent/guardian consent is obtained.
3. The principal or designee will make a reasonable effort to notify the parent/guardian about the interview if, in the opinion of DCYF or the law enforcement officer(s), the notification will not jeopardize the safety or protection of the child or the course of the investigation.
4. When the parent/guardian has been given prior notice, the principal or designee will convey any expression of objection by the parent/guardian about the interview to DCYF or the law enforcement officer(s).
5. Prior to commencing the interview, the DCYF or law enforcement officer(s) will determine whether the student wishes a third party to be present for the interview and, if so, will make reasonable efforts to accommodate the student’s wishes. Unless the student objects, DCYF or the law enforcement officer(s) will make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation. If the parent/guardian is not present and a third party is allowed by DCYF or law enforcement officer(s), the principal or designee will be present if the student and either DCYF or law enforcement, as applicable, request.
6. If the student elects to have an adult third party present in the interview who is a District employee or volunteer other than the principal or designee, the principal or designee will, prior to the interview, inform the employee or volunteer of his or her role as an observer in the process. The principal or designee will instruct the employee or volunteer not to speak to, coach, or provide non-verbal cues to the student or the interviewer or otherwise interfere with the questioning of the student. The employee or volunteer will also be instructed as to his or her duty to keep all aspects of the interview confidential.
7. If the principal or designee believes the student is being intimidated, threatened, or coerced; that the student is unaware that he or she is free to leave the interview at any time; or that the student is in physical or emotional distress, the principal or designee may request to take a break and make those concerns known to the interviewer. The principal or designee may then request that the interview be continued, temporarily suspended, or terminated.
8. The school will document the date, time, place, and length of the interview; the student’s name; whether the student consented to be interviewed; the name of the interviewer; and the names and titles of any additional parties present.

3. Student Suspected of Criminal Activity

1. Students under the age of 12 suspected of criminal activity may be interviewed by law enforcement officers only with parent/guardian consent.
2. Students ages 12 and older suspected of criminal activity may be interviewed by law enforcement officers without parent/guardian consent. In such circumstances, the officer will advise the student of, and afford to the student, all rights required by law.
3. The principal or designee will make a reasonable effort to notify the parent/guardian of the interview if, in the opinion of the law enforcement officer(s), the notification will not hinder the investigation.
4. When prior notice has been given to the parent/guardian, the principal or designee will convey any expression of objection about the interview made by the parent/guardian to the law enforcement officer(s). However, by law, the principal or designee may not prevent the interview and will so inform the parent/guardian.
5. Law enforcement must provide students under the age of 18 with access to an attorney for consultation before the student waives any constitutional rights.

4. Student Sought by County Health Department Officials

1. The principal or designee will permit a county health department official to conduct a confidential interview with a student suspected of being in contact with an individual infected with a communicable disease when the interview is during school hours and the principal or designee chooses not to release the student to travel to the health department.

5. Student Sought by Immigration Agents

1. If an immigration agent requests access to a student or a school site, staff will deny immediate access, alert the principal or his or her designee, and forward the request to the superintendent for review.
2. The superintendent or designee will verify the identity of the agent, ask the agent why he or she is requesting access, and request a copy of written legal authorization for entry (i.e., a judicial warrant).
3. To be valid, a warrant must state its purpose, state the location to be searched, reference a specific person, include an accurate date, and be signed by a federal or state judge.
4. Immigration agents must also provide written authority instructing them to enter District property and stating the purpose of the entry from one of the following: the Assistant Director of Operations, Homeland Security Investigations (HSI); the Executive Associate Director (EAD) of HSI; the Assistant Director for Field Operations, Enforcement and Removal Operations (ERO); or the EAD of ERO.
5. Upon receipt and examination of the required information, the superintendent will determine, in consultation with legal counsel, whether the immigration agent will be allowed to contact or question the individual sought and will communicate that decision to the agent and principal or designee.
6. The superintendent or designee will make a reasonable effort to notify the parent/guardian of the interview and/or request for an interview.
7. The superintendent, principal, or designee will ask to be present during any interview and ensure the agents are not given access to information, records, or school areas beyond that specified in the written legal authorization.

C. Accessing Student Records

In accordance with Policy 3231 and Procedure 3231P, student records protected by the federal Family Educational Rights and Privacy Act (FERPA) may only be examined by or released to a law enforcement officer, child protective services worker, immigration agent, or county health department official under the following circumstances: (1) when the student’s parent/guardian (or the adult student) provides written consent to disclosure; (2) in response to a valid court order or subpoena; (3) in response to a health or safety emergency; or (4) when the information sought is “directory information” (as defined in Procedure 3231P) and the parent/guardian (or adult student) has not previously filed a written objection to the release of such directory information. The actual residential addresses of participants in Washington State’s Address Confidentiality Program are not to be available for release as directory information.

D. Taking Students into Custody

In a criminal matter, a law enforcement officer is not required to have a warrant in order for the school to release the student into law enforcement custody. The principal or designee will make immediate reasonable effort to notify the parent/guardian unless directed not to by the law enforcement officer because child abuse or neglect is alleged against the parent/guardian or another similar, specific reason exists for prohibiting notification. School authorities may request that the law enforcement officer put his or her reasoning for denial of parent/guardian notification into writing. A student may not be taken into custody at school on a truancy petition.

Immigration agents are required to have a subpoena or warrant signed by a judge in order for the District to release a student into their custody.

Initially Adopted: November 14, 2022