Procedures for Law Enforcement Interviews
The following procedures shall be followed when law enforcement officers and other lawful authorities want to question or interview a student at the school:
- The school shall verify and record the identity of the official and request an explanation of the need to question or interview the student at school.
- The school shall make reasonable efforts to notify the student’s parent.
- Unless prohibited by law or when the student has been arrested or taken into police custody, a school staff member shall be present during the questioning or interview.
When the investigation involves allegations of child abuse, special rules apply (see “Child Abuse and Other Maltreatment Reporting and Investigations”).
Procedures for Assuming Custody of Student
The school shall permit a student to be taken into custody:
- pursuant to an order of the juvenile court;
- pursuant to the laws of arrest;
- 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;
- by a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court;
- pursuant to a properly issued directive to apprehend; or
- by an authorized representative of the 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 Section 262.104 of the Texas Family Code relating to the student’s physical health or safety.