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Guidelines for Interviews of Students

Guidelines for Interviews of Students

Cooperation between school districts and the various law enforcement agencies in a community is vital to school safety and the administration of justice. To these ends, school districts and law enforcement agencies should cooperate with each other, within the confines of the law and consistent with their respective legal responsibilities.

This publication, Guidelines for Interviews of Students at School by Law Enforcement Authorities, is designed to assist law enforcement authorities and school officials in determining when it is appropriate for law enforcement authorities to interview students while the students are at school or participating in school-related activities.

It is recommended that these guidelines be supplemented with continued training to ensure that both students’ rights and law enforcement’s need for effective investigation are protected. School officials are also encouraged to consult board legal counsel as may be needed.

Contents include:

  • School Officials’ Authority Over Matters Relating To School Discipline
  • School Police Liaison Officers or School Resource Officers ( SROs)
  • Interviews of Students by School Officials
  • Interviews of Students by School Resource Officers (SRO)
  • Law Enforcement Interviews About School-Related Incidents
  • Law Enforcement Interviews About Non-School Related Matters
  • Attempts to Interview Students at School by ICE
  • Arrest and Removal of Students from School
    • By Law Enforcement Authorities, Excluding ICE Agents
    • By ICE Agents
  • Sharing Of Information
  • Interviews and Examinations of Students at School by DCFS
  • Judicial Proceedings, Court Orders and Subpoenas

Download Guidelines for Interviews of Students at School by Law Enforcement Authorities by clicking HERE.

IASB expresses its gratitude to these Illinois Council of School Attorneys and others for their time and expertise in this project:

Editors: Maryam T. Brotine, Illinois Association of School Boards; Heidi A. Katz, Robbins Schwartz; Kimberly A. Small, Illinois Association of School Boards; Scott F. Uhler, Klein, Thorpe & Jenkins, Ltd.; George A. Wagner, Klein, Thorpe & Jenkins, Ltd.

Reviewers: Sara Boucek, Illinois Association of School Administrators; Heather K. Brickman, Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP; Marcilene Dutton, Illinois State Board of Education; Kevin B. Gordon, Scariano, Himes and Petrarca, Chtd.; Mary Kay Klimesh, Seyfarth Shaw, LLP; J. Christian Miller, Miller, Tracy, Braun, Funk & Miller, Ltd.; Merry C. Rhoades, Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C.; Caroline A. Roselli, Robbins Schwartz; Brian D. Schwartz, Illinois Principals Association;  Patricia J. Whitten, Franczek Radelet, P.C.; Peter K. Wilson, Jr., Mickey, Wilson, Weiler, Renzi & Andersson, P.C.

Original participants: DuPage County Regional Superintendent Dr. Darlene Ruscitti; First Asst. DuPage County State’s Attorney Nancy Wolfe and Assistant State’s Attorney Robert Berlin; Villa Park Deputy Police Chief Mark Johnson, Detective Mike Lay, and D.A.R.E. Officer Marc Bregman; Villa Park School District 45 Superintendent Dr. William Schewe; Maercker School District 60 Superintendent Joseph Matula; and ICSA member Heidi Katz of Robbins Schwartz.

The original document was also reviewed by DuPage County Assistant State’s Attorney Robert Berlin and Illinois Department of Children and Family Services’ Wendy Skrobin.

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