Alexandria, Va. (December 20, 2010) - A ruling by the 9th U.S. Circuit Court of Appeals threatens to disrupt school officials' interactions with child protective services workers and law enforcement officers who seek to interview suspected child abuse victims at school.
The National School Boards Association (NSBA), joined by the Oregon School Boards Association and the California School Boards Association, filed an amicus brief asking the U.S. Supreme Court to overturn the ruling in Camreta v. Greene, noting that schools must "act in a manner that protects the safety and welfare of the children in their care."
The case arose when a child protective services workers and police officer interviewed a student at an Oregon elementary school because they suspected her father was sexually abusing her. The girl's mother later sued the school district, alleging that the caseworker and police officer violated the Fourth Amendment when they interviewed her child without a warrant, probable cause, or parental consent.
The 9th Circuit ruled last December in this case that police and child welfare officials needed a warrant, court order, parent consent, or emergency conditions to interview a child at school. Doing so without one, the court decided, violated Fourth Amendment "search and seizure" protections of children.
"Schools have an obligation to ensure the safety of their students. They should not have to decide whether law enforcement or child protective services are acting constitutionally in order to do so," said Anne L. Bryant, NSBA's Executive Director.
Schools are frequently called to assist child protective services agencies and law enforcement personnel to help investigate reports of child abuse or neglect by interviewing students at school. Some states require school officials to cooperate.
"Schools need clarity about when the Fourth Amendment is implicated, particularly because many jurisdictions require educators to permit access to students by child protective agencies and law enforcement officials," said Francisco M. Negrón, Jr., NSBA's General Counsel. He continued, "The 9th Circuit’s ruling places schools in the untenable position of either risking a lawsuit or denying law enforcement/protective services access that may be in a child’s best interest."
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Founded in 1940, the National School Boards Association (NSBA) is a not-for-profit organization representing state associations of school boards and their more than 90,000 local school board members throughout the U.S. Working with and through our state associations, NSBA advocates for equity and excellence in public education through school board leadership. www.nsba.org
Amicus Brief:
http://www.nsba.org/MainMenu/SchoolLaw/AmicusBriefs/Camreta-v-Greene.aspx