5540 - THE SCHOOLS AND INVESTIGATIONS INVOLVING STUDENTS

1. The Board recognizes that all employees and agents of the Board have an affirmative duty to cooperate with law enforcement agencies and the Department of Children and Families (DCF) and comply with investigations relating to child abuse, abandonment, and neglect, or an alleged unlawful sexual offense involving a child. As provided herein, the principal or designee (including School Resource Officers [SROs]) may also assist authorities in their investigations of other violations of law in which students are alleged to be involved.
2. When State and Federal law enforcement authorities or officials from DCF arrive at the school and wish to interview a student or investigate an alleged violation of law, they must contact the principal or designee indicating the nature of their investigation and expressing their desire to question a student or students. A Quick Reference Chart for Visits and Requests to Interview Students or Requests for Records has been established as administrative procedures relating to this policy.
3. Investigation of Child Abuse/Neglect by the Department of Children and Families (DCF)
    
   1. Every employee and agent of the Board who, in connection with his/her position, knows or has reasonable cause to suspect child abuse, abandonment, or neglect must immediately report that knowledge or suspicion online at https://www.dcf.state.fl.us/service-programs/abuse-hotline/report-online.shtml or by calling the DCF abuse hotline at 1-800-962-2873, or TDD (Telephone Device for the Deaf): 1-800-453-5145. If the situation constitutes an emergency, the employee should call 9-1-1 first and then call the DCF abuse hotline number. See also Board Policy 8462 Student Abuse and Neglect.
   2. A DCF official or law enforcement agency on DCF’s behalf may interview a student on school property during school hours in order to investigate a claim of child abuse/neglect involving such student or a member of the student's family. If neither the student nor a member of his/her family is the subject of the child abuse/neglect investigation, such investigator shall be encouraged to contact the student during non-school hours and investigate the matter off school property if at all possible.
   3. The principal or designee shall attempt to contact the parent/legal guardian prior to the investigator questioning a student unless directed not to do so by the investigator. The principal or designee must not attempt to contact the parent/legal guardian without first advising the investigator of his/her intent to do so. In the event DCF and/or the law enforcement officer directs the principal or designee not to contact the parent/legal guardian, Form 5540 F1 - Notice to Not Contact Parent/Legal Guardian Regarding Official Investigation shall be completed at the school.
   4. The principal or designee may request to remain in the room during the questioning of the student. However, it is up to the investigator whether to allow the principal or designee who is known by the child to be present during the initial interview and will only make such allowance if:
       
      1. the investigator believes that the principal or designee could enhance the success of the interview by his/her presence; and
      2. the child requests or consents to the presence of the principal or designee at the interview.
4. Investigations of Child Abuse/Neglect by Law Enforcement Agencies
    
   1. A law enforcement agency may interview a student on school property during school hours in order to investigate a claim of child abuse/neglect involving such student or a member of the student's family. If neither the student nor a member of his/her family is the subject of the child abuse/neglect investigation, such agency shall be encouraged to contact the student during non-school hours and investigate the matter off school property if at all possible.
   2. The principal or designee shall attempt to contact the parent/legal guardian prior to the law enforcement agency’s questioning a student unless directed not to do so by the agency’s investigator. The principal or designee must not attempt to contact the parent/legal guardian without first advising the agency’s investigator of the principal’s or designee’s intent to do so. In the event the agency’s investigator directs the principal or designee not to contact the parent/legal guardian, Form 5540 F1 - Notice to Not Contact Parent/Legal Guardian Regarding Official Investigation shall be completed at the school.
5. Investigations of Violations of Law by Law Enforcement Agencies
    
   1. State and Federal law enforcement agencies investigating complaints other than under the Child Protection Act should contact a student during non-school hours and investigate alleged violations of the law off school property if at all possible. An investigation can take place immediately on school property during school hours at the request of the principal or designee if the alleged violation of law took place on property owned or operated by the Board, involves other situations affecting school safety, or in emergency situations.
   2. If a student is to be questioned as a witness or victim in an alleged violation of law, the principal or designee shall remain in the room during the questioning, unless compelling reasons for exclusion are provided by the law enforcement agency. Although in such circumstances the principal or designee will be lawfully acting in loco parentis (in place of the parent), the principal or designee shall attempt to contact the parent/legal guardian subsequent to the questioning/interview. In the event the law enforcement agency directs the principal or designee not to contact the parent/legal guardian, Form 5540 F1 - Notice to Not Contact Parent/Legal Guardian Regarding Official Investigation shall be completed at the school.
   3. Before each student is questioned as a suspect in an alleged violation of law, the principal or designee shall attempt to contact the parent/legal guardian prior to questioning and shall remain in the room during the questioning unless compelling reasons for exclusion are provided by the law enforcement agency. In the event that prior contact was not successful, the principal or designee shall attempt to contact the parent/legal guardian subsequent to the questioning. In the event the law enforcement agency directs the principal or designee not to contact the parent/legal guardian, Form 5540 F1 - Notice to Not Contact Parent/Legal Guardian Regarding Official Investigation shall be completed at the school.
6. Notification and Release of Records
    
   1. Document any attempts to notify the parent/legal guardian regarding investigations of child abuse/neglect and other law enforcement investigations.
   2. A law enforcement agency or DCF is responsible for notifying the parent/legal guardian in the event a student is removed from school. When this happens, the principal or designee shall notify the Superintendent or designee through the incident reporting process.
   3. No school official may release personally identifiable information contained in the student’s education records to DCF or law enforcement officer without the prior written permission of the parent/legal guardian, a lawfully issued subpoena, a court order, or in the instance of a health or safety emergency. See also Board Policy 8330 - Student Records.

Revised 9/10/19
Reviewed 4/25/23

© Neola 2017