Suspects and Custodial Interrogation a. The School Entity shall help the Law Enforcement Authority to secure the permission and presence of at least one parent or guardian of a student suspect before that student is interrogated by law enforcement authorities.
b. When a parent or guardian is not present, school authorities shall not stand in loco parentis (in the place of the parent/guardian) during an interview.
c. If an interested adult cannot be contacted, the School Entity shall defer to the investigating Law Enforcement Authority, which will protect the student suspect’s legal and constitutional rights as required by law.
Suspects and Custodial Interrogation. Custodial interrogations may take place at the school or law enforcement facility depending on the circumstances and seriousness of the crime. Miranda warnings are required and shall be administered prior to custodial interrogations.
a. The School Entity shall help the Law Enforcement Authority to secure the permission and presence of at least one parent, guardian, or interested adult of a student suspect before that student is interrogated by the Law Enforcement Authority at a designated location (such as the school or police facility). Efforts to contact the parents/guardians by the School Entity shall include calling the contacts and numbers listed on the student’s emergency contact list maintained in the Student Information System (SIS) and notifying them of the designated location, as deemed appropriate in the school administration’s professional judgment.
i. Law enforcement shall give the student’s parent, or guardian, or interested adult a reasonable amount of time to get to school before the student can be interrogated, and shall not proceed with the interrogation of a student on school grounds without them, unless it is determined by the Law Enforcement Authority that awaiting presence of the student’s parent, guardian, or interested adult would result in a health or safety emergency.
ii. Generally, before engaging in an interrogation of a child which is intended to elicit an incriminating statement, the juvenile and his parents, or other adult primarily interested in the welfare of the juvenile should be informed of his/her Miranda Warnings and they should be given time to consult with the juvenile in regard to these warnings. (PBP Policy 46-1, Section 11.1).
b. When a parent, guardian, or interested adult is not present, a School Entity official shall not stand in the place of the parent, guardian, or interested adult during an interview by the Law Enforcement Authority.
c. If a parent, guardian, or interested adult cannot be contacted, the School Entity shall defer to the investigating Law Enforcement Authority, which will protect the student suspect’s legal and constitutional rights as required by law.
