Removal of Student During School Day
Schools must exercise a high order of responsibility for the care of students while in school. The removal of a student during the school day may be authorized in accordance with the following procedures:
- Law enforcement officers, upon proper identification, may remove a student from school without a warrant provided that the law enforcement officer may be requested to sign a statement that he/she is removing the student from the school. Residential parents should be contacted as soon as possible when a student is taken into custody unless directed otherwise by the law enforcement officer (see 4310 P1).
- Any other agencies must have a written administrative or court order directing the school district to give custody to them. Proper identification is required before the student will be released;
- A student will be released to the residential parent or the nonresidential parent, unless the residential parent provides the school with a certified copy of a court order restricting and/or prohibiting the student’s contact with the nonresidential parent. When in doubt as to who has custodial rights, the school district will rely on enrollment records. Parents (or guardians) have the burden of furnishing schools with accurate, up-to-date information regarding custodial rights;
- The school should always make a reasonable effort to notify the residential parent before releasing the student to a nonresidential parent;
- Prior written authorization from the residential parent or guardian is required before releasing a student into someone else's custody unless an emergency situation justifies an exception;
- Police should be called if a visitor becomes disruptive or abusive; and
State law requires that school personnel not remove, cause to be removed or allow to be removed a student from school grounds during school hours without the consent of the student’s parent or guardian, unless the employee is the student’s parent or guardian, the employee is providing bus transportation, the employee is supervising an extra-curricular activity and providing transportation for the student, or the student requires transportation for emergency medical care and the parent cannot be contacted. Anyone officially responding to a 911 emergency call may remove a student without prior parental authorization.
School personnel should exercise discretion as to whether the student will be transported by ambulance or private automobile to a doctor or hospital in the case of an emergency when the school is unable to reach the parent or their authorized representative.