505.5 - Interviews with Students by Outside Agencies

Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.

Requests from law enforcement officers and from persons other than employees, school district officials, and parents to interview students are made through the principal’s office. Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted. Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator’s judgment as to whether the student should be interviewed independently from the student’s parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

Students will not be taken from school without the consent of the principal and without proper warrant.

Adopted: 6/70
Reviewed: 4/11; 4/12; 9/12; 7/13; 10/14; 11/17; 12/20; 10/23
Revised: 9/09
Related Policy: 505.5-R
Legal Reference (Code of Iowa): §§ 232; 280.17; 281 IAC 102; 441 IAC 9.2, 155, 175
IASB Reference: 502.09

505.5-R - Regulations Regarding Interviews with Students by Outside Agencies

INTERVIEWING STUDENTS AT SCHOOL BY SCHOOL RESOURCE OFFICER
Certain police officers may be assigned by the local police department to serve as School Resource Officers. These officers will be present in the schools and will interact with the students, staff, parents, and other visitors to the school. School Resource Officers may interact with students and interview students regarding school-related issues without any prior permission or involvement of other school staff. If School Resource Officers wish to interview students regarding non-school related law enforcement concerns, they should follow the process listed below entitled Interviewing Students at School by Police.

INTERVIEWING STUDENTS AT SCHOOL BY POLICE
While the police have a legal right to interview students at school, students have a legal right to refuse to answer any questions if they so desire.

School officials cannot refuse to permit police officers to interview students at school.  If the interview is held at school an effort will be made to contact the student’s parent/legal guardian and/or attorney. Prior to the interview the principal [or designee] will explain to the student that police officials would like to interview them and that they can lawfully refuse to answer questions from the police official. The school official will be present during the interview.

It is preferable to conduct the interview in the home of the student. If contact with the parent/legal guardian prior to the interview cannot be made and the interview must be held at school, the parent/legal guardian must, subsequently, be informed that an interview was held.

INTERVIEWING STUDENTS AT SCHOOL BY CHILD PROTECTIVE AGENCY
The Department of Human Services is empowered to investigate reports of suspected child abuse. Human Services may, in the course of their investigation, deem that it is necessary to talk to the child outside the home. If an authorized Human Services investigator requests to interview an alleged child abuse subject at school, district personnel should cooperate.

The following guidelines should be followed:

  1. Administrators will cooperate with the investigator by providing confidential access to the child named in the report and to other children alleged to have relevant information for the purposes of interviews. The investigators will determine who will be present at the interview. The school administrator is under no duty to report the investigation or interview to the child’s parent or legal guardian. The immunity granted by Iowa Code Section 232.73, applies to such administrators and the school district.
  2. Administrators will verify that the investigator is authorized by the child protective agency and then cooperate with the investigation as outlined above.  A law officer (police, sheriff, or juvenile court officer) may take a child from the school to facilitate the investigation.

INTERVIEWING STUDENTS AT SCHOOL BY ATTORNEY
Attorneys have no legal right to interview students at school concerning any matter. Principals should refuse to permit these interviews unless written parental/legal guardian permission has been granted.  No teacher should discuss privileged information relative to a student’s attendance, academic achievement, intellectual capabilities, or any other privileged or confidential information held by the school or contained in its records without a written request and consent to release such information from a parent/guardian having legal custody of the student.

INTERVIEWING STUDENTS AT SCHOOL BY ESTRANGED PARENTS
Caution should be observed in allowing interviews with students by parents with whom the child is not living. In some cases, courts remove parental rights. In these cases, the parent who retains guardianship must agree to the conference before it can be approved.

INTERVIEWING STUDENTS AT SCHOOL BY OTHER PERSONS
District procedures do not generally permit students to be interviewed by public officials, private detectives, merchants, or other persons without authorization of parents/legal guardians. Principals will use their own judgment in making exceptions to this general procedure.

Adopted: 7/13
Reviewed: 10/14; 11/17; 12/20; 10/23
Related Policy: 505.5