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Several local ISDs (and a few distant ISDs from the phone calls I have been getting) have decided that:

1) an administrator must be in any interview that an officer conducts on campus

and

2) the administrator must call a parent and get the parent's permission/presence for the officer to speak with the child.

While I understand their desire to be involved for the "safety" of thier students, I can't seem to locate any authority for this (except school board policy) despite being told that it exists.

Anyone else having an issue like this with your ISDs and/or are you aware of any statutory authority for this position.
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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Check out the TDCAA book that Sharon Pruitt and Chris Hubner wrote on "Juveniles" - starting on page 102, they discuss this topic. Basically they concluded that :
1. If the officers have an arrest warrant or directive to apprehend the school officials should ALWAYS allow access or they are interfering with duties of a peace officer.
2. If CPS investigators want to talk to a child at school they have an absolute right to do so without school personnel present and without parents being notified.
3. There is no further law authorizing an officer to interview a child on campus. It is up to the school district to decide whether to permit the interviews, refuse to allow the interviews, or to allow the interviews but only if the parent has first been contacted.
Read this section in the book for the discussion and a citation to the applicable law, AG opinions and cases.
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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I talked to Sharon and she and I have come to the same conclusion, thats the way its always been done but no "authority" for the practice.
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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