School Board of the City of Virginia Beach
Regulation 5-64.1

STUDENTS

Questioning of Students

The School Board shall protect the constitutional rights of students entrusted to its care until such time as the parents or legal guardian(s) can be contacted. The principal should verify that the interrogating officer is authorized to investigate the case. There shall be a clear understanding at the opening of any interrogation as to the distinction between the jurisdiction of the school, the home and the law enforcement agency.

Except, as described below, in investigations involving alleged child abuse or neglect, the questioning of students by law enforcement officers regarding acts committed outside the Board's jurisdiction shall be held outside the school day and off school property whenever possible. If this restriction impedes swift law enforcement, the questioning of a student or students may be permitted within the school in a private place designated by the principal and in the presence of a designated school representative. The principal is expected to make a reasonable effort to notify a parent or legal guardian that law enforcement officials are seeking permission to question the student at school. The principal, or designee, shall maintain information derived from the questioning in strict confidence unless law enforcement procedures require otherwise.

Students may be removed from the school by a law enforcement officer after the parents or guardian have been contacted and have given their consent or when the law enforcement officer presents to the school official either warrants for the arrests of such students or detention orders issued by the judge or the clerk or deputy clerk of the juvenile and domestic relations district court or when the officer has probable cause to believe that the student has violated or is violating the law.

During the course of an investigation for alleged child abuse or neglect, Virginia law authorizes, and school personnel shall allow, law enforcement personnel and/or child protective service workers, in the performance of their duties, to interview any child suspected of being abused or neglected and/or their siblings outside the presence of his parent guardian legal custodian or other person standing in loco parentis or school personnel and without first obtaining parental consent.

School personnel do not have an obligation to inform parents, guardians, legal custodians or other persons standing in loco parentis that a child protective service worker or law enforcement personnel has requested to interview or has interviewed the child in connection with an investigation of alleged child abuse or neglect involving the child interviewed and/or his/her sibling.

Regulatory Authority:

Code of Va., § 16.1-246. When and how a child may be taken into immediate custody.

Code of Va., § 63.1-248.10 Authority to talk to child or sibling.

 

Approved by Superintendent:  October 15, 1991
Revised by Superintendent:  March 21, 1995