Does a school have the right to interrogate a student without parental notification?
Question Details:
School interrogated my 12 year old daughter. They accused her of being on drugs (of which none of this is true), shined flashlights in her eyes to determine dilation, and put her in ISS. I was not notified either by phone or otherwise and now it's all over school. Her cousin, also 12 years old, was done the same way as her. Are they allowed to do this?
I am sure that the law varies somewhat from state to state, but generally it is not required that school officials contact parents before questioning students concerning an alleged infraction of a school rule.
Unlike police interrogators, who are required to read the Miranda rights to a suspect held in a custodial setting, school officials may question students in the absence of their parents, whether or not parental consent has been given.This may be different if the school official questioned the child or children at the request of the police. Then there may be constitutional issues to be raised.
What concerns me here is the "test" that was administered without your consent. Whether or not that violates her rights is a question you need to speak with an attorney in your area about.
