Last Updated on July 27, 2022 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
Schools may legally question students to investigate bullying, ask about fights, or look into broken school rules. But, should students talk when questioned?
Students Can Incriminate Themselves
A school investigation can end up in a student revealing they committed an expellable offense and land them at the local continuation school. Sometimes they may even be referred to law enforcement. As such, student “talking” and telling a school bad acts they did can be a bad idea.
Everything students tell a school will be used against them.
As students will never get any kind of “you have the right to remain silent” type of warning prior to a school interview, they often think they have to talk.
Guide a Student BEFORE a School Interview
How do we prevent student confessions that end up getting them suspended and expelled? Parents must educate students to politely decline to make a statement.
The problem is that students have been raised to respect and comply with authority figures. They usually feel a sense of obligation to “tell all” to cops, school principals, teachers, adults…
Unfortunately, when they “tell all” to a vice principal and that “all” involves potential sexual harassment, threats, fights, etc., students are not hailed nor praised for their honesty, they are kicked out!
Most students will probably be questioned at some point in their long school careers. Many times this can be innocent. But if not, parents can arm them in advance by instructing them as follows:
1) If you are ever called into the office, be polite.
2) If school personnel ask you questions about something you or your friends did, respectfully say: “My parents have told me that I am not allowed to answer questions without them.”
3) Ask that your parents be called.
Parents may even want to print up a formal card with these instructions and all contact information for the parent(s).
Schools Still May Not Call
Despite these instructions, and even a card, there is no guarantee or obligation for the school TO call parents. This is just the best chance students have to get through the interview process, unscathed.
The fortitude of the student to politely stand up to or refuse to answer questioning, if the school won’t call, will be important.
Ultimately, there is no one size fits all answer for these scenarios. Students and parents can only do the best they can.
When Parents Are Called
If a parent is called about student discipline or a school needing to speak with a student, going to the school site is important.
Once a parent arrives, the student can be excused and the parent can speak to school personnel alone about the requested interview.
Then, if it turns out the school is accusing the student of e.g. selling drugs, having a weapon, grabbing a girls private parts, etc. the parent can refuse the interview.
Don’t Make the School’s “Case” For Them
When student’s confess to bad acts at school, the school can proceed to hearing and expel them.
But why should the student do the school officials’ jobs for them? Make the school do their investigation and prove their allegation without the student handing it to them. Make the school work for it!
Michelle Ball is a student lawyer who assists in school interviews, suspensions, expulsions and many other discipline matters. As a school attorney for students in Sacramento, she can get involved statewide, in Redding, Hanford, Burbank, Clovis, Anaheim, Fair Oaks, Lincoln, and wherever students need her.
Education Attorney for Students
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Please see my disclaimer. This is legal information, not legal advice and no attorney-client relationship is formed by this posting. This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.