427R - Interview/Interrogation by Law Enforcement and Student Custody

A cooperative effort shall be maintained between school staff and law enforcement authorities while protecting each student and staff member’s constitutional rights and maintaining a safe, secure and orderly school environment.

Interview/Interrogation by Law Enforcement
When it becomes necessary for any law enforcement officer to interview/interrogate a student on school premises, the following procedures shall be followed:
  1. Reasonable efforts should be made by law enforcement to contact the principal or principal’s designee as timely as possible.

  2. The principal or principal’s designee shall make a reasonable effort under the circumstances to contact the parent or legal guardian of the student.

  3. The principal or principal’s designee may request to be present during the law enforcement interview.

  4. The principal or principal’s designee shall contact the parent or legal guardian of the student in writing in the event the parent or legal guardian was not contacted regarding the interview/interrogation by law enforcement.

  5. Reasonable efforts should be made to facilitate the interview/interrogation in private.

  6. The principal and principal’s designee shall maintain information derived from the interview/interrogation in the strictest confidence unless law enforcement procedures require otherwise.
When the law enforcement representative is conducting an investigation of suspected child abuse or neglect, the interview/interrogation may be conducted at school without consent of and outside the presence of the child’s parents, guardians, legal custodians, others standing in loco parentis or school personnel. (Code of Virginia, Section 63.2-1518).

Student Custody
No student may be removed from the jurisdiction of a local school by a physician, child protective services worker of a local department or law enforcement officer without a petition from a court or a warrant unless it is in compliance with Code of Virginia, §63.2-1517. A law enforcement officer may take a child into immediate custody while on school property in accordance with Code of Virginia §16.1-246 and other applicable state and federal law. If a physician, child protective services worker of a local department or law enforcement officer removes a student from school, the principal or principal’s designee shall make every attempt to immediately notify the parents or legal guardian of the student.


Legal Reference(s):
Code of Virginia, 1950, as amended, Section(s) 16.1-246, 63.2-1518 and 63.2-1517.


Adopted: September 2, 1975
Amended: May 16, 2007
Amended: December 5, 2019