500-519 Interviews of Students by Outside Agencies
HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701
BOARD POLICY 519
SERIES: 500 Students
SUBJECT: 519 Interviews of Students by Outside Agencies
The school district shall not permit students to be interviewed during the school day by persons other than parents, school district officials, and employees, except as otherwise provided by law and/or this policy.
Requests from law enforcement officers and those other than parents, school district officials, and employees to interview students shall be made through the principal’s office. Upon receiving a request, it shall be the responsibility of the principal to determine whether the request will be granted. Prior to granting a request, the principal shall attempt to contact the parents to inform them of the request, except where otherwise prohibited by law.
In the case of an investigation pursuant to the maltreatment of Minors Act, a local welfare agency and a local law enforcement agency may interview, without parental consent, an alleged victim and any minors who currently reside with or who have resided with the alleged perpetrator. The interview may take place at school and during school hours. School district officials will work with the local welfare agency or law enforcement agency to select a place appropriate for the interview. The interview may take place outside the presence of the perpetrator or parent, legal custodian, guardian, or school district official.
If the interview took place or is to take place on school district property, an order of the juvenile court may specify that school district officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school district property and/or any other related information regarding the interview that may be a part of the child’s record. The school district official must receive a copy of the order from the local welfare or law enforcement agency.
When the local welfare or local law enforcement agency determines that an interview should take place on school district property, school district officials must receive written notification of intent to interview the child on school district property prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school district property. When the interviews are conducted by the local welfare agency, the notification must be signed by the chair of the local social services agency or the chair’s designee. The notification is private educational data on the student. School district officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing b the local welfare or law enforcement agency responsible for the investigation.
School district officials shall have discretion to reasonably schedule the time, place, and manner of an interview by a local welfare or local law enforcement agency on school district premises. However, where the alleged perpetrator is believed to be a district official or employee, the local welfare or local law enforcement agency will have discretion to determine where the interview will be held. The interview must be conducted not more than 24 hours after the receipt of the notification unless school district officials must yield to the discretion of the local welfare or law enforcement agency concerning other persons in attendance at the interview. School district officials will make every effort to reduce the disruption to the educational program of the child, other students, or school staff when an interview is conducted on school district premises.
Students shall not be taken from school district property without the consent of the principal and, when appropriate, without proper warrant.
M.S. 13.32 (Educational Data)
M.S. 626.556, Subd. 10(c) and (d) (Duties of Local Welfare Agency and Local Law Enforcement Agency Upon Receipt of a Report)