Procedure 4309 COMMUNITY RELATIONS Page 1 of 5

Procedure 4309 COMMUNITY RELATIONS

Page 1 of 5

RELATIONS WITH LAW ENFORCEMENT AGENCIES

Inter-Agency Cooperation: Bainbridge Island School District and Bainbridge Island Police Department

A. Responsibilities of School Personnel

1. The primary responsibility for maintaining proper order and conduct in the schools is that of the staff.

2. All BISD staff are responsible for cooperating with law enforcement personnel and making it possible for these officials to have access to students on campus and during school time. A. School personnel may not obstruct, impair, or hinder law enforcement officers in the completion of their duties.

3. Administrators and their respective designees will work to follow the practices outlined under this procedure to pursue compliance with the law.

4. The BISD will work with the BIPD to create a partnership that strengthens school-community relationships. A. It is the expressed interest of the school system to have a law enforcement liaison as a designated school resource officer to administration, teachers, parents, and students. 1) The school resource officer would serve as a role model, provide classroom instruction, attend school events, communicate with students daily, and bridge communication between both agencies. 2) Through the regular, normal, and routine course of on-campus business, the school resource officer may keep district officials informed of criminal violations in the community, as such would support the safe/orderly operation of the schools.

5. When a student is considered to be a witness, victim, or perpetrator of child abuse/neglect, all rules and regulations governing the responsibility to report will apply, as delineated under Board Policies 3124, 3126, 3230, and 4310, and RCWs 28A.600.210 ? 240, 28A.605.010, and 28A.635.020. A. Any question or doubt as to the need to report abuse/neglect should itself be cause to make contact with an appropriate enforcement agency. B. Every staff member is required to report within 48 hours to the proper law enforcement agency when he/she has reasonable cause to believe a child has suffered child abuse or neglect. C. The staff member may opt to make a timely report of potential abuse or neglect in the presence of, and with the assistance of, the building administrator/designee. However, the responsibility to report cannot be deferred or transferred to the administrator/designee. 1) The administrator/designee shall not discourage the reporting of potential abuse or neglect. D. Best practice is to first notify and report to local law enforcement, then to Child Protective Services (CPS). However, notification and report to either does meet the requirement under the law.

6. School personnel must treat all aspects of a report and/or investigation as confidential and restrict communication to appropriately involved personnel/officials. A. BISD staff will communicate and/or release confidential information as otherwise required by law and/or court order.

Reviewed: October 11, 2007 Revised: November 6, 2007

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B. School Communication with Law Enforcement Personnel

1. A law enforcement officer shall contact the principal or designee upon entering the school building.

2. An officer may request and be granted access to student directory information in accordance with all applicable laws, including the Family Rights and Privacy Act.

3. Should a student allegedly commit any of the below listed infractions, the building administrator or designee will contact police and attempt to notify the student's parents. The latter may be deferred under emergency circumstances, as determined by the administrator/designee. A. Possession of a weapon, as such is defined by law. B. The use of, or threat to use, any object as a weapon. C. Alcohol use, possession, or distribution. D. Drug use, possession, or distribution, including the misuse of prescription medications. E. Arson, attempted arson, use/possession of explosives including fireworks on campus. F. Serious assaults or a physical altercation resulting in injury. G. Vandalism or the purposeful destruction of property. H. Theft and only after initial inquiries have determined the item(s) were not otherwise misplaced, lost, or borrowed/lent. I. Threats of harm to students, staff, or other individuals. J. Abuse and/or harassment of another when such actions may violate individual protections under the law or potentially constitute a criminal hate act. K. Offenses in the operation and driving of a motor vehicle. L. Other school rule violations the administrator/designee would consider a potentially criminal act.

C. Procedure for the Interview of Students at School

1. The district would expect law enforcement personnel to follow those procedures for the interview of juveniles as set forth under the National Juvenile Operations Protocol. A. In the interview of students, law enforcement officers should work to use the least coercive among reasonable alternatives ? these strategies being consistent with preserving public safety, order, and individual liberty.

2. If a student is under twelve (12) years of age, an officer may make preliminary inquiries of the student without parent permission. However, parent notification and permission is necessary prior to an interview or interrogation ? except under allegations of child abuse/neglect. These age provisions are determined by, and may change with, applicable statutes and prevailing case law. A. A school administrator/designee will attempt to notify the parents when such preliminary inquires have been made, unless directed not to by law enforcement. B. The district prefers the presence of a school administrator/designee when preliminary inquiries are specific to a possible criminal event and investigation. C. Any student considered a suspect and subject to custodial interview should be read a Miranda warning, including the juvenile clause, by the law enforcement officer. D. The district would prefer the officer also make the parent aware of their child's Miranda rights.

3. At age twelve through seventeen (12 ? 17), permission of a parent is not necessary under the law for either preliminary inquiries or custodial interview. These age provisions are determined by, and may change with, applicable statutes and prevailing case law.

Reviewed: October 11, 2007 Revised: November 6, 2007

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A. The district prefers the presence of a school administrator/designee when preliminary inquiries or custodial interviews are made, except as might be conducted by a school resource officer in their normal course of on-campus duties.

B. It is the preference of the district that parents be contacted prior to a custodial interview by law enforcement officers. Law enforcement personnel must recognize the potential time delay for the parent to be contacted and a reasonable time for the parent to arrive if the parent chooses to be present. If unable to contact parents/guardians or a designated adult after a reasonable time, the officer may nevertheless proceed with the interview/interrogation when, in the judgment of the officer an emergency exists and further delay would impair the handling of that emergency.

C. Prior to meeting with a law enforcement officer, it is the district's preference that the building administrator/designee be allowed to first greet the student and to make that youth aware of the officer's intent to meet.

D. However, school personnel must defer to the judgment of the officer, will consult with the officer prior to taking an action, and may not obstruct or hinder the officer's duties.

E. School personnel must understand they cannot represent the student's legal interests, nor can they waive the student's right to remain silent or have legal representation present.

4. Other law enforcement guidelines for the interview of students at school may typically include: A. Interviews would typically be conducted for no more than two hours, with reasonable breaks provided during that time. B. No more than two officers will interview at any time, unless otherwise determined essential by the law enforcement officers. C. Whenever possible, interviews will be conducted in a more confidential administrative office setting. D. Any student considered a suspect and subject to custodial interview will be read a Miranda constitutional warning, including the juvenile clause, by the law enforcement officer. E. The law enforcement officer, whenever feasible, will make his/her on-campus presence known to the building administrator/designee prior to proceeding.

D. Procedure for Taking a Student into Custody

1. A law enforcement officer may take a youth into custody and/or issue a citation when there is, in that officer's judgment, probable cause to believe the youth has committed a violation of the law.

2. An officer may also take a student into custody when that youth is a known runaway, wanted under an arrest warrant, pursuant to a court order, or if it is determined the child is endangered in his/her immediate surrounding. A. Law enforcement may act upon a probation officer's request to take a student into custody for violation of probation or provisions of a detention order.

3. Law enforcement officers, as appropriate, may exercise their discretion to release a student (who has allegedly committed an offense) to the custody of the school or parent and without formal action if: A. The offense is a misdemeanor not involving drugs, sexual conduct, an apparent risk of violence; and B. The youth has no substantial record of law violations; and C. The officer believes an informal handling of the situation is in the best interest of the youth; and

Reviewed: October 11, 2007 Revised: November 6, 2007

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D. A parent or legal guardian has been notified; and E. The alleged victim is included in the decision-making process ? to the extent determined

necessary and appropriate by the officer.

4. Officers shall typically release a student only to a parent, guardian, or school authority who agrees to accept responsibility for the youth when he/she: A. Is under the apparent influence of alcohol or drugs; B. Has committed a violent or sex offense; C. Represents a risk of harm to self or others. Note: Under these circumstances at school, BISD personnel will not retain custody of a student without consent of the administrator/designee, with available constant supervision and an understanding the parent has been notified and will soon arrive to take their child. Should the student, while in school custody, become difficult to manage or attempt to leave, law enforcement will be immediately contacted.

5. Officers are encouraged to make a reasonable effort to notify the parent or guardian of any youth under the age of eighteen (18) who is: A. Detained for a significant period of time. B. Interviewed as a criminal suspect. C. Taken into custody. D. Issued a citation for a criminal offense, DUI, or anything other than a minor traffic violation. The procedures above (1 ? 5) are based on local law enforcement policies and may vary as those policies change/adjust.

6. School personnel shall cooperate in the apprehension and detention of a student sought for an alleged criminal violation. A. BISD personnel may not hinder or obstruct the officer in completion of his/her duties. B. To the extent such would not interfere with the officer's duties, that officer will work with school authorities to minimize disruption to building operations or educational environment. C. Unless immediate intervention is necessary, the officer will first report his/her presence to the school administrative office or school resource officer, to inform the administration/designee of their purpose and seek assistance as necessary.

7. Whenever possible, and at such time as an officer would take a student into custody, that officer will inform the administrator/designee as to whether the action is by warrant, court order, request of a probation officer, permission of the custodial parent, reasons of runaway status, reasons of danger to self or others, and/or action of arrest. A. In the event a student is taken into custody by a law enforcement officer, the school will attempt to notify the parent unless otherwise directed by the officer. B. Prior to removing a student in custody from school premises, the officer will sign a statement or notice at the building office. C. Any doubt by an administrator/designee as to the authenticity of the law enforcement officer's status should be cause for the school official to make immediate 911 emergency contact of known law enforcement.

8. Local law enforcement officials will make available staff training as to the proper school management of sexual abuse cases.

Reviewed: October 11, 2007 Revised: November 6, 2007

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9. Any concern or complaint by BISD personnel as to an officer's handling of a case at school will be communicated to the administrator/designee. A. A concern or complaint communicated by the administration/designee and to the officer will be made with due respect and without hindrance or obstruction. B. That concern or complaint can be deferred and forwarded to the superintendent for handling at that level. C. Given availability of a school resource officer, that individual's assistance in the informal resolution of a concern or complaint is preferred.

E. Annual Notification

1. The BISD will notify parents annually of the district's responsibility to cooperate with law enforcement personnel, including those disciplinary situations that may be cause to initiate a reporting to law enforcement.

2. The Bainbridge Island School District will annually notify local law enforcement of any changes in these procedures and respective policy, as well as request information pertaining to their own changes/adjustments in relevant policy/procedure.

F. Public Communication and Press Releases

1. Whenever possible, it is preferred the written press/media release of information and statements regarding a criminal event and/or investigation associated with the school system will be made in collaboration between and under the stated origination of both agencies.

2. Any and all scheduled press conferences regarding such matters should be arranged so as to allow for the presence and participation of representatives from both agencies.

3. The unanticipated or unscheduled appearance and/or inquiry of the press/media regarding such matters should, whenever feasible, be reason to contact the other agency to make representatives aware of the press/media interest.

4. Points of contact on the above would be the offices for the BISD Superintendent or designee and the respective police chief, sheriff, or administrative designee.

G. Other

1. As BISD personnel are made aware of student planned events/activities outside school hours and/or off school premises, and the events may involve criminal activities, the administrator/designee will notify law enforcement officials in a timely manner.

2. Law enforcement will work to keep BISD officials informed of a student's alleged criminal conduct outside school hours and/or off school premises when such activities might also be cause for disciplinary action by the school district. A. However, it is understood these officials cannot initiate the dissemination of an arrest or allegation of criminal conduct except through the regular, normal, and routine course of oncampus business conducted by a school resource officer and/or as consistent with the Criminal History Records Information Act.

Reviewed: October 11, 2007 Revised: November 6, 2007

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