When students are at school or involved in a school activity off school grounds, the school has an obligation to the students and parents as well as to authorities such as law enforcement and the Department of Social Services. This policy balances the rights of students and parents with the rights and responsibilities of law enforcement and the Department of Social Services as those entities investigate juvenile delinquency/criminal matters and matters of child abuse and neglect. It is, therefore, the policy of the District that:

·         Should a law enforcement officer wish to talk with a student under the age of 18* while the student is at school and interview the student for a reason other than investigating suspected child abuse or neglect, the District will not allow the law enforcement officer to question the student unless the school has first notified the student’s parents and received permission from a parent for the student to talk with the law enforcement officer. The parents have the right to deny the request from law enforcement. The parents shall also have the right to be present during the interview should permission be granted by parents for law enforcement officer to talk with the student.

·         Should the Department of Social Services (DSS) or a law enforcement officer (LEO) be investigating suspected child abuse or neglect and wish to talk with a student under the age of 18* while the student is in school, the request to talk with a student shall be in writing and given to the school. The DDS/LEO written request shall include the name of the per- son making the request, date of request, date of interview, and that the request is made for the reason of investigating suspected child abuse or neglect. The law in South Dakota requires investigation of suspected child abuse to be kept confidential and can be done without notification to parents. Therefore, the school will not notify parents of a request by the Department of Social Services or law enforcement to talk with a student in such instances.

·         Upon the student reaching the age of 18, the student is a legal adult and has the authority to make decisions without parental involvement. However, the student, even if age 18 or older, may choose to contact his/her parents for advice before responding to a request by the authorities to meet with and talk to law enforcement and/or Department of Social Services.