Administrative Guideline - 4540a Students, Law Enforcement Officials, and the Schools

The purpose of these guidelines is to clarify administrative roles and responsibilities when law enforcement agencies (including Department of Child Services) have interactions with students on school property during normal school hours.  These guidelines recognize the existence of the Memorandum of Understanding between Carmel Police Department and Carmel Clay Schools. 

Policy 5540 deals with situations where law enforcement personnel request to interrogate/question/examine a student on school property during normal school hours.

For purposes of this policy, interrogate/question/examine are clarified in I.C. 20-33-11; when a student is interrogated on school property by a law enforcement officer (1) on school property; AND
(2) regarding an investigation in which the student may be a suspect; I.C. 20-33-11 specifically deals with the requirement that the school principal must make an effort to immediately notify the student's parent of the interrogation, or if immediate notification is not possible, the school principal must notify the student's parent not later than twelve (12) hours after the interrogation occurs.

Parental notification should be made as early as practical by either law enforcement of school administration, but no later than the 12 hour limit required under I.C. 20-33-11. Administration is responsible to verify notification is made. (Notification can be made by law enforcement)

Guidelines for policy 5440 do NOT apply to situations involving student contact with law enforcement personnel when they relate to investigating school related incidents, by School Resource Officers, School Police Officers, or any law enforcement personnel working on an incident that effects the learning environment. (In the event that the contact is an interrogation by law enforcement as referred to above, law enforcement requires parental consent; therefore parental notification will be made by law enforcement prior to the interrogation) 

If law enforcement officials are meeting with students for the purpose of obtaining witness, clerical, or other information relating to an incident that effects the learning environment that does not fall under the interrogation/questioning/examination definition, there is no requirement for an administrator to be present.  The administrative representation requirement is only required during interrogation/questioning/examination as defined above in bold.

In the event that law enforcement personnel request to speak with students involving matters that have no effect on the learning environment, or if it is an outside investigation, law enforcement will contact building administration and notify them of the purpose for the student meeting. Building administration in coordination with the School Resource Officer will be present during the interview unless law enforcement requests them to leave or emergency conditions exist. When scheduling interviews with students on non school related issues, efforts should be made to obtain parental consent for the interview unless such consent interferes with the investigation. Parental notification should then be made as soon as practical with the approval law enforcement personnel. (Notification can be made by law enforcement)