Subject: SROs – Investigating Incidents on School Property – For the Blogs
This is the police directive for SROs related to obtaining school records, including video surveillance records. I am requesting that you please post on the blog to ensure that all principals have a good understanding of the parameters within which the school resource officers are allowed to work. This is directly from the police operations manual and is being used with their permission. Thanks. ~Chris
Investigating Incidents on School Property
- Sworn personnel investigating an incident of any kind on school property must comply with the Family Education Rights and Privacy Act (FERPA). FERPA protects a student’s education records, which is broadly defined as any record that directly relates to a student and which is maintained by the school division or someone acting on the school division’s behalf.
- FERPA does not apply to information that is not contained in a record maintained by the school division. Thus, for example, FERPA does not prevent an officer from interviewing a school employee or student about what (s)he personally witnessed.
- Before obtaining an education record, such as a written statement, video surveillance, etc.., the officer shall:
- Coordinate with the appropriate HCPS administrator or staff to determine if an emergency, posing an actual, impending, imminent threat to the health and safety of a person or persons, would permit an exception to usual FERPA disclosure requirements.
- The Commonwealth Attorney’s Office should be contacted to request a subpoena duces tecum for needed student records in a case already charged. If a situation is under investigation, but no charges have been sought, the officer shall seek a search warrant through the magistrate’s office. If needed, the Commonwealth Attorney’s Office can be contacted for guidance on an investigation and/or search warrant.
- Questions regarding FERPA and access to HCPS records should be referred to the Commanding Officer, Community Services.
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