When it becomes necessary for any law enforcement officer to interview a student on Montgomery County Public School premises, the principal shall be contacted immediately. The principal or his/her designee shall make a reasonable effort to contact the parent or guardian and have the parent or guardian in attendance for the conference. If the parent or guardian cannot be present for the conference, then the principal or his/her designee shall be present throughout the interview. All such interviews shall be conducted in accordance with Policy 7-3.1. However, the Montgomery County School Board encourages law enforcement officers, when possible, to make all reasonable attempts to conduct such interviews during non-school hours and off school premises to avoid disrupting the school operations and to avoid removing students from class.
The Montgomery County School Board encourages servers of legal process on school employees or students to make all reasonable attempts to serve such documents off school premises; however, if the documents must be served on school premises, they shall be served at the principal's office of the school at which the student is in attendance or the main office of the facility at which the employee is assigned.
In any case in which custody or visitation of a minor child is at issue and a summons is issued for the attendance and testimony of a teacher or other school employee who is not a party to the proceeding, if such summons is served on school property, it may be served only be a sheriff or his deputy.
The division superintendent shall seek to develop, in cooperation with the local law enforcement agencies, juvenile and domestic relations court judges and personnel, parents, and the community at large, programs and procedures to prevent violence and crime on school property and at school-sponsored events. The division superintendent shall obtain and use Sex Offender Registry information in accordance with School Board Policy 2-2.2.
Report to Law Enforcement Officials
As required by applicable law, reports shall be made to the division superintendent, principal or their designees and, except as may otherwise be required by federal law, regulation, or jurisprudence, the division superintendent, principal or their designees shall immediately report to local law-enforcement officials all incidents involving:
1. the assault and battery which results in bodily injury, sexual assault, death, shooting, stabbing, cutting or wounding of any person, or stalking of any person described in Virginia Code § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity; or
2. any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications; or
3. any threats against school personnel while on a school bus, on school property, or at a school-sponsored activity; or
4. the illegal carrying of a firearm onto school property as defined in Virginia Code § 22.1-277.07; or
5. any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in Virginia Code § 18.2-85, or explosive or incendiary devices, as defined in Virginia Code § 18.2-433.1, or chemical bombs, as described in Virginia Code §18.2-87.1, on a school bus, on school property, or at a school-sponsored activity; or,
6. any threats or false threats to bomb, as described in Virginia Code § 18.2-83, made against school personnel or involving school property or school buses; or
7. the arrest of any student for an incident occurring on a school bus, on school property, or at a school sponsored activity, including the charge therefore; or
8. any illegal possession of weapons, alcohol, drugs, or tobacco products.
The division superintendent, principal or their designees MAY immediately report to local law-enforcement officials incidents involving the assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity. In addition, the principal of any Montgomery County School at which hazing which causes bodily injury occurs shall report the hazing to the local Commonwealth Attorney.
In addition to the reports described immediately above, the principal or his or her designee shall notify the parent of any student involved in an incident required to be reported under this policy, regardless of whether disciplinary action is taken against such student or the nature of the disciplinary action. Such notice shall relate to only the relevant student’s involvement and shall not include information regarding other students.
In
addition, except as may be prohibited by federal law, regulation, or
jurisprudence, the principal shall also immediately report any act enumerated
above that may constitute a criminal offense to the parents of any minor
student who is the specific object of such act. Further, the principal shall report that the incident has been
reported to local law enforcement as required by law and that the parents may
contact law enforcement for further information, if they so desire.
Reports By Law Enforcement Officers
The division superintendent, principals or their designees shall receive such reports on offenses, wherever committed, by students enrolled in their schools as authorized by Virginia Code § 22.1-279.3:1, 16.1-260, 16.1-301, 16.1-305.1, 16.1-305.2, or other applicable law. When the division superintendent receives notification that a juvenile has committed an act that would be a crime if committed by an adult pursuant to Virginia Code § 16.1-260(G), the division superintendent shall report such information to the principal of the school in which the juvenile is enrolled.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 8.01-47, 8.01-293, 9.1-101, 16.1-260, 16.1-264, 16.1-301, 16.1-305.1, 16.1-305.2, 18.2-56, 18.2-371.2, 22.1-70, 22.1-78, 22.1-279.3:1, 22.1-279.9, 22.1-280.2:1.
Revised: August 2004,
Revised:
September 2005, September 2006