INVESTIGATION

IF POLICE WISH TO INTERVIEW... Non-student school staff, witnesses, and victims STUDENTS

Principal must permit police to interview these people, but they cannot be compelled to submit to questioning

If parent does not object, principal must permit police to interview the student and principal must remain present.

Release of student information

A school can only release a student's record to NYPD/SSA's if there is a health and safety emergency or imminent danger, a court order, subpoena, or informed written consent from parents.

Imminent danger = active investigation of a violent crime where the student is a suspect or has critical information.

Principal must make every reasonable effort to contact parents before allowing police to interview a student IS CONTACT WITH PARENTS MADE?

IS THE STUDENT A SUSPECT?

Interview permitted if officer and principal agree there is a continued threat of imminent danger.

No interview (unless principal and police agree there are dangerous circumstances).

If the principal disagrees about the presence of danger, they must contact the Office of Legal Services.

If interview happens without parental consent, principal must be present but must not compel the student to submit to the interview.