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FAQ: Law Enforcement Interaction with Students

For the past several years, NKC Schools has had Board policies in place that govern what information may be shared with law enforcement and how interactions may occur. These policies include JO-1: Student Records and JFGA: Interviews with or Removal of Students. The answers in this FAQ are informed by our existing Board policies. 

Student Interviews by Law Enforcement/ICE

Q1: Can law enforcement/ICE interview a student at school?

Law enforcement/ICE (with the exception of the established partnership with our School Resource Units) cannot interview students at school unless:
A valid warrant or court order is presented; or,
The parent/guardian consents, or the student consents (if 18 or older and competent); or,
Exigent circumstances exist, meaning delaying the interview poses an imminent risk to the health or safety of the student or others in an emergency (such as a threat to school safety).

Q2: Who will be present during an interview?

If an interview is required, the principal or a designee will be present.

Q3: Will parents/guardians be notified?

Yes, the school will notify the parent/guardian before or immediately after the interview.

 

Student Removal by Law Enforcement/ICE

Q4: What happens if law enforcement/ICE wants to remove a student from school?

The principal must:
Verify the identity of the law enforcement/ICE agent; and,
Confirm the agent’s legal authority (e.g., subpoena, warrant, or court order); and,
Ensure the removal is conducted in the least disruptive manner possible.

Q5: Will parents/guardians be notified?

Yes, the principal will notify the parent/guardian if the student is being removed.

 

Access to Student Records

Q6: Does law enforcement/ICE have special access to student records?

No, law enforcement/ICE (with the exception of the established partnership with our School Resource Units) does not have special access to student records beyond what is available to the public. It has access to directory information, limited directory information, and in emergency situations.

Q7: What is considered "directory information"?

Directory information includes: Student's name, date of birth, parents' names, grade level, enrollment status, student ID numbers, dates of attendance, participation in activities, previous schools attended, and photographs/videos, unless releasing such information would be harmful or an invasion of privacy. Families may choose during enrollment or at any point during the year to opt out of sharing directory information. 

Q8: What about "limited directory information"?

Limited directory information includes students' and parents' addresses, phone numbers, and email addresses. 

Q9: Can law enforcement/ICE access student records (beyond directory information) in emergencies?

Yes, law enforcement/ICE may access records if there is an articulable and significant threat to the health or safety of a student or others.

Q10: What if there’s no emergency and the request is not for directory information?

Law enforcement/ICE (with the exception of the established partnership with our School Resource Units) must have either parental consent or a valid subpoena/court order to access student records.

 


If you have further questions, please contact your school principal.