Adopted: MSBA/MASA Model Policy 519
Revised: Rev. 2022
519 INTERVIEWS OF
STUDENTS BY OUTSIDE AGENCIES
I. PURPOSE
There are occasions in which persons other than school
district officials and employees find it necessary to speak with a student
during the school day. Student safety
and disruption of the educational program is of concern to the school
district. The purpose of this policy is
to establish the procedures for access to students by authorized individuals
during the school day.
II. GENERAL
STATEMENT OF POLICY
A. Generally,
students may not be interviewed during the school day by persons other than a
student’s parents, school district officials, employees and/or agents, except
as otherwise provided by law and/or this policy.
B. Requests
from law enforcement officers and those other than a student’s parents, school
district officials, employees and/or agents to interview students shall be made
through the principal’s office. Upon
receiving a request, it shall be the responsibility of the principal to
determine whether the request will be granted.
Prior to granting a request, the principal shall attempt to contact the
student’s parents to inform them of the request, except where otherwise
prohibited by law.
III. INTERVIEWS
CONDUCTED UNDER THE MALTREATMENT OF MINORS ACT
A. In the case
of an investigation pursuant to the Reporting of Maltreatment of Minors Act, Minnesota
Statutes Chapter 260E, a local welfare agency, the agency responsible for
investigating the report, and a local law enforcement agency may interview,
without parental consent, an alleged victim and any minors who currently reside
with or who have resided with the alleged perpetrator. The interview may take place at school and
during school hours. School district
officials will work with the local welfare agency, the agency responsible for
investigating the report, or law enforcement agency to select a place
appropriate for the interview. The
interview may take place outside the presence of the perpetrator or parent,
legal custodian, guardian, or school district official.
B. If the
interview took place or is to take place on school district property, an order
of the juvenile court pursuant to Minnesota Statutes Chapter 260E may specify
that school district officials may not disclose to the parent, legal custodian,
or guardian the contents of the notification of intent to interview the child
on school district property and/or any other related information regarding the
interview that may be a part of the child’s record. The school district official must receive a
copy of the order from the local welfare or law enforcement agency.
C. When the
local welfare agency, local law enforcement agency, or agency responsible for
assessing or investigating a report of maltreatment determines that an
interview should take place on school district property, school district
officials must receive written notification of intent to interview the child on
school district property prior to the interview. The notification shall include the name of
the child to be interviewed, the purpose of the interview, and a reference to
the statutory authority to conduct an interview on school district property. Where the interviews are conducted by the
local welfare agency, the notification must be signed by the chair of the local
social services agency or the chair’s designee.
The notification is private educational data on the student. School district officials may not disclose to
the parent, legal custodian or guardian the contents of the notification or any
other related information regarding the interview until notified in writing by
the local welfare or law enforcement agency that the investigation or
assessment has been concluded, unless a school employee or agent is alleged to
have maltreated the child. Until school
district officials receive said notification, all inquiries regarding the
nature of the investigation or assessment should be directed to the local
welfare or law enforcement agency or the agency responsible for assessing or
investigating a report of maltreatment shall be solely responsible for any
disclosure regarding the nature of the assessment or investigation.
D. School
district officials shall have discretion to reasonably schedule the time,
place, and manner of an interview by a local welfare or local law enforcement
agency on school district premises.
However, where the alleged perpetrator is believed to be a school
district official or employee, the local welfare or local law enforcement
agency will have discretion to determine where the interview will be held. The interview must be conducted not more than
24 hours after the receipt of the notification unless another time is considered
necessary by agreement between the school district officials and the local
welfare or law enforcement agency.
However, school district officials must yield to the discretion of the
local welfare or law enforcement agency concerning other persons in attendance
at the interview. School district
officials will make every effort to reduce the disruption to the educational
program of the child, other students, or school staff when an interview is
conducted on school district premises.
E. Students shall
not be taken from school district property without the consent of the principal
and without proper warrant.
Legal References: Minn. Stat. § 13.32 (Educational Data)
Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)
Cross References: MSBA/MASA Model Policy 103 (Complaints –
Students, Employees, Parents,
Other Persons)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child
Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil
Records)