Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
Schools may question students to investigate bullying at school, ask about fights a student has seen, or inquire about something the student may have done at school. However, such a school investigation can end up in a student revealing something that is held against them. How do we prevent student confessions that later end up getting them suspended and even expelled? We educate our kids to respectfully decline to make a statement.
The problem is that kids usually feel a sense of obligation to "tell all" to authority figures. Unfortunately, when they "tell all" to a school official and that "all" involves e.g. potential sexual harassment, threats, fights, disruption, etc., they are not hailed for their honesty, they are kicked out!
Most kids will probably be questioned at some point in their long school careers. Parents can arm them in advance by instructing them as follows:
When a parent thereafter arrives, they can talk to the school personnel without the student in the room. Then, if it turns out the school is accusing the child of e.g. selling drugs, the parent can refuse the interview.
As an attorney for students, you don't know how many times I have shaken my head when I saw a student's written or verbal confession being used against them. I have also seen expulsions crumble without a student confession.
Why do the school officials' jobs for them? If the school wants to expel your kid, don't make their job any easier by handing them a confession. Make them work for it.
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- Can A Parent Withdraw A Student Or Move Away To Avoid A Pending School Expulsion Hearing?
By Michelle Ball, California Education Attorney for Students since 1995 As a California expulsion lawyer, I frequently meet with parents regarding pending school expulsions. One of the questions which often comes up is whether, if the parent...
- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
By Michelle Ball, California Education Attorney for Students since 1995 I earlier blogged regarding the Big 5 mandatory expulsion categories, for which a student must be both recommended and expelled should allegations be proven correct [http://edlaw4students.blogspot.com/2011/01/when-is-school-expulsion-mandatory-in.html]....
- Bullying- Some Good Weekend Reading
By Michelle Ball, California Education Attorney for Students since 1995 Bullying is certainly a hot topic in the school setting and can be very destructive if not addressed. As such, parents and students may be interested in reading the below letter...
- When Is School Expulsion Mandatory In California Public Schools?
By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure. To be removed entirely from a school district to have to attend school elsewhere (continuation school,...
Law and Rights
If Your Child Is Questioned At School, Don't Allow Them To Provide A Statement Lest They Be Expelled
By Michelle Ball, California Education Attorney for Students since 1995
Schools may question students to investigate bullying at school, ask about fights a student has seen, or inquire about something the student may have done at school. However, such a school investigation can end up in a student revealing something that is held against them. How do we prevent student confessions that later end up getting them suspended and even expelled? We educate our kids to respectfully decline to make a statement.
The problem is that kids usually feel a sense of obligation to "tell all" to authority figures. Unfortunately, when they "tell all" to a school official and that "all" involves e.g. potential sexual harassment, threats, fights, disruption, etc., they are not hailed for their honesty, they are kicked out!
Most kids will probably be questioned at some point in their long school careers. 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.
As an attorney for students, you don't know how many times I have shaken my head when I saw a student's written or verbal confession being used against them. I have also seen expulsions crumble without a student confession.
Why do the school officials' jobs for them? If the school wants to expel your kid, don't make their job any easier by handing them a confession. Make them work for it.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- Can A Parent Withdraw A Student Or Move Away To Avoid A Pending School Expulsion Hearing?
By Michelle Ball, California Education Attorney for Students since 1995 As a California expulsion lawyer, I frequently meet with parents regarding pending school expulsions. One of the questions which often comes up is whether, if the parent...
- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
By Michelle Ball, California Education Attorney for Students since 1995 I earlier blogged regarding the Big 5 mandatory expulsion categories, for which a student must be both recommended and expelled should allegations be proven correct [http://edlaw4students.blogspot.com/2011/01/when-is-school-expulsion-mandatory-in.html]....
- Bullying- Some Good Weekend Reading
By Michelle Ball, California Education Attorney for Students since 1995 Bullying is certainly a hot topic in the school setting and can be very destructive if not addressed. As such, parents and students may be interested in reading the below letter...
- When Is School Expulsion Mandatory In California Public Schools?
By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure. To be removed entirely from a school district to have to attend school elsewhere (continuation school,...