5090 - Interrogation or Searches of Students by Law Enforcement or Other Agencies

Policy 5090 Interrogation or Searches of Students by Law Enforcement or Other Agencies title box

It is the policy of the Directors of the Southwest Vermont Supervisory Union, Bennington School District, Inc., Mount Anthony Union School District, North Bennington Graded School District, Pownal School District, Shaftsbury School District, and Woodford School that:
  1. Interrogation is defined as custodial interrogation asking questions of a person who is in a location where they are no longer free to leave.
  2. School employees are not the agents of law enforcement officials. Search and/or seizure by law enforcement officials on school property may occur when a warrant or other legal basis exists authorizing such search and/or seizure.
  3. A student under the age of 18 in school may not be interrogated by any authority other than school personnel without the knowledge of the school administrator and knowledge and permission of parent or guardian, unless the interview or interrogation is part of a child abuse or neglect investigation in accordance with Chapter 49 of Title 33 of the Vermont Statutes Annotated; or such parental permission will not be required for students over the age of eighteen or required due to an emergency or urgent potential danger to life or property, as determined by the principal, and reasonable efforts to notify the student’s parents are unsuccessful.
  4. Any interrogation must be conducted in private with the principal or his/ her designee present.
  5. A student may not be released to the custody of persons other than a parent or legal guardian or proper authority, unless placed under arrest by legal authority.
  6. If a student is removed from the school by legal authority, the student’s parent(s) or guardian(s) should be notified of this action by school officials as soon as possible.

Reference Policy 5085, Search & Seizure.

Policy 5090 warning and adoption dates