5022 Investigations and Arrests by Police or Other Law Enforcement Officers

5022 investigations, arrests and other student contact by law enforcement and health and human services

Police or other law enforcement officers may be called to the school at the request of school administration, or may initiate contact with the school in connection with a criminal investigation. The school district shall allow law enforcement officers access to students to conduct an investigation during school hours unless the investigation substantially disrupts the orderly operation of the school.

“Law enforcement officer” means police officers, county sheriffs, state patrolmen, Health and Human Service workers, Child Protective Services workers, Office of Juvenile Services workers, probation officers, U.S. Immigration and Customs Enforcement (ICE) agents, Federal Bureau of Investigations agents, or any other government investigatory workers.

“Parent” means the biological or adoptive mother or father, guardian, responsible relative, or any other person who has claimed legal or actual charge or control of the student pursuant to Nebraska law or Title 92 Nebraska Administrative Code Chapter 19.

Throughout the process of any criminal investigation, attempts shall be made to avoid embarrassing the student before his or her teachers and peers, and to avoid disrupting the student’s and school’s education program.

1. Law enforcement officers shall be permitted to take custody of a student if they possess an arrest warrant or if they otherwise assert a lawful basis for doing so. Whenever possible, the arrest or release of the student shall be conducted in the building principal's office and out of the view of other students. When a principal or other school official releases a minor student to a law enforcement officer for the purpose of removing the minor from the school premises, he or she shall determine whether law enforcement has notified the student’s parents that the student is being taken into custody. If the parent has not been notified by law enforcement, the principal or other school official shall take immediate steps to notify the parent, guardian, or other responsible adult regarding the release of the minor to the officer and the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse. If the law enforcement officer indicates that the child is being taken into custody because the child is the victim of suspected child abuse, the principal or other school official shall, as a condition of releasing the student to the law enforcement officer, require the officer to sign the statement appended hereto certifying that the child is being removed from school premises because he or she is believed to be the victim of child abuse and that the officer understands and will comply with the legal requirements of Neb. Rev. Stat. § 79- 294.

  1. If possible, any disruption to the education program of the student shall be minimized when a student is questioned by the police during school time.

  2. Any questioning by law enforcement officers that is permitted shall be conducted in a private room or area where confidentiality can be maintained. This shall be an area removed from observation by or contact with other pupils and school personnel.

  3. In general, law enforcement officers shall notify a student’s parents prior to questioning the student. If law enforcement has not notified the student’s parents, the principal or other school official shall make a reasonable attempt to notify the child’s parents before questioning begins, except in cases of suspected child abuse or child neglect involving the parent or other family member. The parents shall be given the opportunity to come to the school prior to the questioning.

  4. If the parents are notified and are able to attend, they shall be allowed to be present at the interview. The principal or designee shall be present at the interview, but shall not take part in any questioning. The principal or designee shall remain a neutral observer at all times.

Student Records
Student records will be shared with law enforcement officers only as allowed by state and federal law.

Adopted on: June 9, 2014
Revised on: June 8, 2015
Revised on: August 14, 2017