Law Enforcement Agencies

Questioning of Students

When law enforcement officers or other lawful authorities wish to question or interview a student at school, the principal or designee will cooperate fully regarding the conditions of the interview, including without parental consent, if necessary, if the questioning or interview is part of a child abuse investigation.

The following conditions apply in other circumstances:

• The principal or designee will verify and record the identity of the official and request an explanation of the need to question or interview the student at school.
• The principal or designee ordinarily will make reasonable efforts to notify the student’s parent, unless the interviewer raises what the principal or designee considers to be a valid objection.
• The principal or designee ordinarily will be present during the questioning or interview, unless the interviewer raises what the principal or designee considers to be a valid objection.

Students Taken into Custody

State law requires LTS to permit a student to be taken into legal custody in these circumstances:

• 1. By a law enforcement officer if there is probable cause to believe the student has engaged in conduct that violates a penal law, delinquent conduct or conduct in need of supervision, or conduct that violates a condition of probation imposed by the juvenile court
• 2. By a law enforcement officer to obtain fingerprints or photographs for comparison in an investigation
• 3. By a law enforcement officer to obtain fingerprints or photographs to establish a student’s identity, where the child may have engaged in conduct indicating a need for supervision, such as running away
• 4. By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court
• 5. By an authorized representative of Child Protective Services, Texas Department of Family and Protective Services (DFPS), a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in the Texas Family Code relating to the student’s physical health or safety
• 6. Pursuant to a properly issued directive to apprehend
• 7. To comply with a properly issued directive from a juvenile court to take a student into custody
• 8. To comply with an order of the juvenile court
• 9. To comply with the laws of arrest

Before a student is released to a law enforcement officer or other legally authorized person, the principal or designee will verify the officer’s identity and, to the best of his or her ability, verify the official’s authority to take custody of the student.

The principal or designee will immediately notify the superintendent or designee and will ordinarily attempt to notify the parent, unless the officer or other authorized person raises what the principal or designee considers to be a valid objection to notifying the parents. Because the principal or designee does not have the authority to prevent or delay a student’s release to a law enforcement officer, any notification will most likely be after the fact.