519 Procedure: Interviews of Students by Outside Agencies

I.    Purpose

The purpose of this regulation is to establish the procedures a school site leader must follow in allowing interviews of students by outside agencies on school district premises during the school day.

II.    Interviews Conducted under the Maltreatment of Minors Act

A.    Interviews Conducted by Hennepin County Child Protection (Child Protection) or Law Enforcement

1.    The principal or site leader will schedule an interview of a student by Child Protection or law enforcement after receiving a notice in writing of a need to schedule the interview.  For interviews by Child Protection, the notification will be signed by the Hennepin County Social Services Director or  their designee.  The notice must include the name of the student, the purpose of the interview and the legal authority for the interview.

2.    The interview may take place at school and during school hours. The site leader may schedule the time, place and manner of the interview subject to the paragraph A. 3. below. The time, place and manner of the interview must be reasonable. Reasonable conditions for the interview may include:

i.    The investigators will remain in the administration’s offices.

ii.    The interview will not be held during the time the student is receiving instruction unless such an interruption is unavoidable.

iii.    The interview will be conducted in a private room or area where confidentiality can be maintained.  

3.    The principal or site leader will defer to Child Protection or law enforcement if either agency selects a location for the interview other than the school.

4.    The principal or site leader will allow the interview of a student only after the interviewer provides an identification card or otherwise can reasonably verify that they are employed by Child Protection or Law Enforcement.

5.    School district principals or site leaders may request that they be allowed to attend the interview if they believe their presence is in the best interests of the student being interviewed, but  Child Protection or local law enforcement agency shall have the exclusive authority to determine who may attend the interview.

6.    Principals or site leaders may not notify parents or guardians of the interview by Child Protection or law enforcement.   Only Child Protection or law enforcement may notify the parents that an interview is scheduled or took place on school property.  If the student is removed from the school premises for the interview or misses a bus or is otherwise unable to keep a usual schedule, the site leader will direct all inquiries from a parent or guardian to Child Protection or law enforcement without providing any other information.

B.    Interviews Conducted by the Minnesota Department of Education (MDE or Agency)

1.    The principal or site leader will schedule an interview by MDE after receiving a notice in writing of the need to schedule an interview in a Maltreatment of Minors investigation.  The notice will include the name of the student, the purpose of the interview and the legal authority for the interview.

2.    The principal or site leader will notify a student’s parents of any incident at the school involving the student and a school district employee.  The principal or site leader does not notify the parents of an interview of the student by MDE concerning a maltreatment report.

3.    The principal or site leader will allow MDE to conduct the interview even if the Agency is not able to reach the parent or guardian of a student prior to the interview.      

4.    The principal or site leader will allow the interview of a student only after the MDE investigator provides an identification card to show that the interviewer is affiliated with MDE.

5.    If the person alleged to have maltreated the student is a school district employee or official, MDE may set the time, place and manner of the interview and determine who should attend the interview.   

III.    Interviews Conducted for Other Purposes

Site leaders may schedule interviews of students by outside agencies for any other purpose if specifically authorized by the student’s parent or guardian or in an emergency when the site leader determines that access to the student is in the student’s best interests.  In all cases, the site leader will consider the disruption to the student’s education by scheduling interviews only during non-instructional time if at all possible and at a place that protects the privacy interests of the student.   

Legal References
M.S. 626.556, Subd. 10(c) and (d)
        
Cross References
Policy 414 – Mandated Reporting of Maltreatment of Children or Vulnerable Adults