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Questioning by School Administrators
Generally, school administrators can question students at school without a parent or guardian being present. The school district may have a policy that requires the school to first contact a parent, but each school district is different so it is important that you check the actual policy. It is important to know that what a student says to school staff or a school police officer can be used against him or her in either a school discipline case or in a court case. Students may tell school staff or school police officers that they do not want to answer any questions, make any statements, or write any statements without a parent, guardian, or lawyer.
Questioning by Police Officers in Schools
Generally, there is no requirement to notify parents when a student is being questioned by a law enforcement officer, unless the student is in a custodial settingand under 17 years old.The school district may have a policy that requires the school to first contact a parent, but each school district is different so it is important that you check the actual policy.
What is a "custodial setting"? Generally, a person is in a custodial setting when he or she is with the police and does not feel free to leave. The United States Supreme Court has said that whether or not a person feels free to leave can depend on their age: children may not feel free to walk outif they are being questioned by the police, even if an adult in the same situation may feel free to leave.The child'sperception must be taken into account by officers and courts when determining if appropriate warnings about the students rights were given.
StudentsRemember!You may not be told you are under arrest but could still be in a custodial setting. You can always ask an officer if you are free to leave. You do not need to say anything or make any written statements and you may ask for a parent, guardian, or lawyer to be called.
Ask Ask Ask!!!
Even though there is no requirement that a school call a parent/guardian whenever a student asks (except when the student is arrested)students who feel uncomfortable speaking with school administration or school police officers should request that a parent/guardian be present.
Parents/guardiansshould look at local school policies on the right to be present with students, and then communicate with the school if they have concerns.
