Chapter 409

2005 -- H 6103

Enacted 07/19/05

A N A C T

RELATING TO EDUCATION

Introduced By: Representatives Ajello, Almeida, Lally, Sullivan, and Anguilla

Date Introduced: March 01, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Title 16 of the General Laws entitled "Education" is hereby amended by

adding thereto the following chapter:

CHAPTER 21.5

STUDENT INTERROGATIONS

16-21.5-1. Legislative intent. – (a) Community policing and the presence of school

resource officers on school campuses serve a vital role fostering a safe learning environment for

pupils, faculty and staff.

(b) In order to enable school resource officers to more effectively fulfill this role, it is the

intent of the legislature to encourage them to form positive relationships with both parents and

pupils who are part of the school community.

and informed participants in situations involving interaction with school resource officers or other

members of the law enforcement community in the school setting.

(d) In furtherance of this objective, it is the intent of the legislature to increase the level of

participation of parents when their minor children are being questioned by law enforcement in

school or at a school-sponsored activity.

16-21.5-2. Procedure for interrogating elementary students. – (a) Before making an

elementary school pupil available to a law enforcement officer for the purpose of being

questioned, the principal of the elementary school, or his or her designee, shall take immediate

steps to obtain the oral consent of the parent or guardian of the pupil to permit the questioning.

(b) If the parent or guardian requests that the pupil not be questioned until he or she can

be present, the pupil may not be made available to the law enforcement officer for questioning

until the parent or guardian is present.

to exceed one hour, to contact a parent or guardian in order to obtain consent pursuant to this

subdivision, a school administrator, school counselor, or school teacher who is reasonably

available and selected by the pupil, shall be present during the questioning.

(d) If the school administrator, school counselor, or school teacher selected by the pupil

declines to be present during the questioning, the principal, or his or her designee, shall be present

during the questioning.

(e) In those cases in which school officials are unable to contact the pupil's parent or

guardian, after the questioning has been completed, the principal or his or her designee shall

immediately notify the parent or guardian that the questioning has occurred and make the staff

member who was present during the questioning available to inform the parent or guardian about

questioning.

16-21.5-3. Procedure for interrogating high school students. – (a) Before making a

high school pupil under eighteen (18) years of age available to a law enforcement officer for the

purpose of questioning, the principal of the school, or his or her designee, shall inform the pupil

that the pupil has the right to request that his or her parent or guardian or an adult family member,

or person on the list of emergency contacts for the pupil be present during the questioning.

(b) If the person selected by the pupil cannot be made available within a reasonable

period of time, not exceeding one hour, or declines to be present at the questioning, the principal

or his or her designee shall inform the pupil that the pupil may select as an alternate, a school

administrator, school counselor, or school teacher who is reasonably available to be present

during the questioning.

principal, or his or her designee, shall so inform the pupil and advise the pupil that the principal,

or his or designee, will be present during the questioning if the pupil so requests.

(d) If the pupil exercises his or her right, pursuant to this subsection, to have one of the

persons designated in paragraph (a), (b) or (c) present during the questioning, the pupil may not

be made available to the law enforcement officer for questioning until that person is present.

16-21.5-4. Student interrogations under exigent circumstances. – The provisions of

section 16-21.5-2 and 16-21.5-3 shall not apply if any of the following conditions exist:

(a) The law enforcement officer reasonably believes that, due to exigent circumstances,

the inability of the officer to immediately question the pupil will materially interfere with the

ability of the officer to conduct his or her investigation and any delay would significantly impede

the timely apprehension of a suspect. In that case, if an elementary school pupil is being

questioned, the principal or his or her designee shall be present during the questioning and shall

take immediate and continuous steps to notify the parent or guardian by telephone about the

questioning, and if unsuccessful in doing so before the questioning, shall take immediate steps to

notify the parent or guardian about the questioning after the questioning has been completed. If a

high school pupil is being questioned, the pupil shall be given the option of having the principal,

or his or her designee, present during the questioning.

(b) The law enforcement officer reasonably believes that there is a substantial risk of

immediate personal injury or substantial property damage. In that case, if an elementary school

pupil is being questioned, the principal or his or her designee shall be present during the

questioning and shall take immediate and continuous steps to notify the parent or guardian by

telephone regarding the questioning, and if unsuccessful in doing so before the questioning is

completed, shall take immediate steps to notify the parent or guardian regarding the questioning

after it has been completed. If a high school pupil is being questioned, the pupil shall be given

the option of having the principal or his or her designee present during the questioning.

neglect, and either the principal or his or her designee or the law enforcement officer has

reasonable belief that the pupil would be endangered by the notification requirements of section

16-21.5-2 or 16-21.5-3. In that case, if the pupil is an elementary school pupil, the principal of

the school, or his or her designee, shall inform the pupil that the pupil has the right to select a

school administrator, school counselor or school teacher who is reasonably available to be present

during the questioning, as provided in paragraphs (c) and (d) of section 16-21.5-2. If the pupil is

a high school pupil, the principal of the school, or his or her designee, shall inform the pupil that

the pupil has the right to select another person to be present during the questioning as provided in

subsection 16-21.5-3(b).

(d)(1) In the case of an elementary school pupil, the law enforcement officer's

questioning of the pupil concerns the commission of criminal activity by the person who would

otherwise be present during the questioning pursuant to section 16-21.5-2. In that case, the

principal of the school, or his or her designee, shall inform the pupil that the pupil has the right to

select a school administrator, school counselor, or school teacher who is reasonably available to

be present during the questioning as provided in subsection 16-21.5-2(c).

(2) In the case of a high school pupil, the law enforcement officer's questioning of the

pupil concerns the commission of criminal activity by the person selected by the pupil pursuant to

section 16-21.5-3. In that case, the principal of the school, or his or her designee, shall so inform

the pupil and advise that the pupil has the right to select another person to be present during the

questioning as provided in subsection 16-21.5-3(c).

(e) The pupil is on probation or parole and is being interviewed or otherwise contacted by

a probation or parole officer in the normal course of duties of the probation or parole officer.

(f) Except in exigent circumstances as determined by the law enforcement officer, any

questioning of a pupil by a law enforcement officer for any reason other than the ordinary, day-

to-day conversation that is to be expected among members of a school community, shall take

place in a private location, including, but not limited to, the principal's office, and may not take

place in a classroom or hallway or other areas where pupils or others may be present.

(g) A school official present during the questioning of a pupil under this section may not

disclose matters discussed with the pupil other than to the parent or guardian of the pupil, the

attorney for the pupil, other school officials, or a court.

(h) Any school officer or staff member present at the questioning of the pupil by a law

enforcement officer pursuant to this section is immune from civil or criminal liability arising from

his or her participation during the questioning of the pupil.

(i) For the purposes of this section, "questioning" means only formal questioning in

which the principal, or his or her designee, makes a pupil available to a law enforcement officer,

at the request of the law enforcement officer, the principal or his or her designee, for questioning

as a victim, suspect, or person with information concerning a suspected violation of a school rule

that constitutes grounds for expulsion or a suspected commission of a crime. For the purposes of

this section, "formal questioning" means only questioning of a pupil by a law enforcement

officer that occurs on school grounds. "Formal questioning" does not include ordinary, day-to-

day conversations between a pupil and a law enforcement officer.

16-21.5-5. Definition of elementary and high school students. – For the purposes of

this chapter, "elementary school pupils" are the pupils who are enrolled in kindergarten or any

grades 1 to 8, inclusive. "High school pupils" are the pupils who are enrolled in any grades 9 to

12, inclusive.

SECTION 2. This act shall take effect upon passage.

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LC02115

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