Harrison County (West Virginia) school board discusses potential ICE detentions in schools

The policy in place in Harrison County Schools requires administrators to vet the validity of court orders that would require school officials to surrender custody of a child to law enforcement, Sarah Starkey, a social worker with the school system, told board members.

Harrison Sheriff’s Deputy Coty Shingleton told the board that students wanted by ICE would stay in their classroom until the court order had been fully verified.

Board President Frank Devono asked whether students being interrogated by ICE have the right to representation by an attorney, as well as the right not to speak until their parents arrive.

“If we are instructed by a court order that the parents aren’t supposed to be there, then we need to follow the order from the federal agency or the state agency,” Starkey said. “If we don’t follow that court order, we would be obstructing and potentially face legal challenges ourselves.”

Starkey did not say explicitly whether students have the right to an attorney during questioning. But she did say that students have the right not to incriminate themselves when questioned by law enforcement about a crime on school grounds.

However, student cannot terminate an interrogation and leave on their own will.

“Whenever an agency is there to question a student in our building, the principal or his or her designee shall be present throughout the proceedings unless they are prevented from doing so,” Starkey said.

Board member Doug Hogue asked whether an ICE officer could remove a student from school without parents being notified.

“With the right court order, that could happen,” Shingleton said. “But that’s not really protocol. I don’t see them just showing up and saying, ‘Hey, we’re here to remove this person.’ I do not foresee them ever coming to the school without notification.”

Board member Dr. Jenny Santilli asked what protections there are for students while in the parking lot or getting on or off buses. Starkey said all students are in the care of the school until they leave the campus.

“If there is a court order, we have to follow that. If children are being removed without a court order, we would notify our prevention resource officer, we would notify Child Protective Services. There are steps we would take to ensure their safety,” Starkey said.

Also Tuesday, board members approved a change in the school schedule to hold instruction on Presidents Day, Feb. 17, but decided to wait to get the public’s opinion on whether to hold instruction on Good Friday, April 18.

Harrison County Schools Communications Specialist David Oliverio was instructed to put together a survey through which parents, teachers and students to voice their opinions.

No update was provided on a cybersecurity incident involving the school system that occurred on Jan. 18.