JI7 Student Interrogations and Arrests November 2010 Revision

This policy was updated in July 2022

District personnel shall cooperate with law enforcement agencies and/or child abuse investigators who are seeking to interview students at the school site. Principals shall immediately notify the Albuquerque Public Schools Police Department of any situation of outside law enforcement agencies attempting to interview a student at a school site.  Individual students shall not be interrogated on campus without permission of the principal and Albuquerque Public Schools Police Department.

There is no requirement to notify the parents/legal guardians of the student prior to the questioning; however, Albuquerque Public Schools shall immediately make a good faith effort to notify the parents/legal guardians of the student if the student is being interrogated for any reason or has been removed from campus by law enforcement authorities unless that notification violates a confidentiality agreement or it endangers the safety of the student.

The student shall be made aware of his/her legal rights by the law enforcement officials. A commissioned law enforcement officer shall be required to place a student under arrest, or protective custody, before the student may be removed from the campus for either further questioning or to be held at a detention facility.

Administrative Position:

• Chief of Albuquerque Public Schools Police/Assistant Superintendent for School and Community Support

Department Director:

• Deputy Chief of Albuquerque Public Schools Police

References

Legal Cross Ref.:

• §22-5-4.3 NMSA 1978

Board Policy Cross Ref.:

• JK Student Discipline

Procedural Directive Cross Ref.:

• Safe Schools and Relations with Law Enforcement Agencies
• Student Searches

NSBA/NEPN Classification: JIH

Reviewed: January 17, 1990
Revised: February 20, 1996
Revised: April 2001
Reviewed: September 13, 2010
Reviewed: November 8, 2010
Revised: November 17, 2010

This page was last updated on: December 9, 2009.