Rights violated? What are my options?

What is the name of your state? Pennsylvania

Yesterday, 1/24/2008, my 14 year old daughter was turned in for smoking a cigarette in school. She is not allowed to smoke, by law or by my law, but she was influenced by her friend and she made a poor choice, obviously. I know that she has the right to have a parent present before being questioned because I read this website. I also know that she has the right for a lawyer to be present before questioning for the same reason, the website. Thank you! Before I get to my question, I need to give a short background. My family has never had extra money, in fact, we are poor. This is a fact that my daughter is well aware of because she doesn't have the things that other kids her age have, etc., etc.

She was being questioned about the smoking, and she admitted taking a drag (she used the word "puff") of the cigarette. As soon as she admitted to that, the principal succinctly informed her that her choice was going to cost her $221.00 and that she was going to be suspended from school. The principal did this without her parents or legal representation being present. He did not inform her of her rights and did not try to contact us until she was crying uncontrollably in the office, hyperventillating and spitting up into a garbage can.

My question is this: Do I have any legal recourse against the school official? I am not a lawsuit happy person, but she is baby, and I am extremely angry about this abuse of her rights.

She's not a baby.

So, are you saying that she has the right to an atty or her parents present before the principal comes down on her?

No rights were abused. She has no "RIGHT" to have a parent present before being questioned by the principal. She has no "RIGHT" to have a lawyer present before being questioned by the principal. Imagine if a parent or a lawyer had to be called before school officials were allowed to speak to children...wow!

Looked it up

I found that she has the right to have her parents and/or an attorney present before being questioned by school officials and/or police in this website under "juvenile law" or something like that.

My question is this, can you imagine a world in which authority over minors is not questioned at all and the minors themselves have no rights whatsoever as you suggest?

newcreation58 said:

I found that she has the right to have her parents and/or an attorney present before being questioned by school officials and/or police in this website under "juvenile law" or something like that.

My question is this, can you imagine a world in which authority over minors is not questioned at all and the minors themselves have no rights whatsoever as you suggest?

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There is no legal requirement that a parent or an atty be present before the principal calls your dearest delinquent into the office and reads her the riot act.

Was she arrested?

And, yes, I can. When you send your child to school, you are entrusting their safety and discipline into the competent adults' hands. Your precious 'baby' has the right to follow the rules and THE LAW. She doesn't get a pass because she is poor. She doesn't get a pass because you love her.

Your kid got busted smoking. Deal with THAT issue. Maybe letting her learn that this little incident had a pretty serious consequence will cure her of ever taking another 'puff' from the cancer stick again.

If you think about it, in the long run, that's a pretty cheap lesson.

What you do have the right to do is appeal the harshness of the punishment (IF this punishment is actually issued....a principal just THREATENING that this could happen isn't the same as it actually occurring. Heck, it may be a teaching tactic. Ever heard the phrase "scared straight"?) If this is a first incident, I would think removal to an alternative school for a bit of time (as opposed to expulsion) would be appropriate.

newcreation58 said:

I found that she has the right to have her parents and/or an attorney present before being questioned by school officials and/or police in this website under "juvenile law" or something like that.

My question is this, can you imagine a world in which authority over minors is not questioned at all and the minors themselves have no rights whatsoever as you suggest?

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Post a link to the thread that you found this information on.

My guess is that she likely has a right to the presence of a parent or attorney if she asserts that right ... it may also only be available under questioning regarding a criminal matter, not a violation of administrative rules at school.

- Carl

Okay

Thank you for your advice.

I, too, want to see the links from this site where you found that information.

here you go...

http://criminal-law.freeadvice.com/juvenile_law/questioning_parents_present.htm

http://criminal-law.freeadvice.com/juvenile_law/school_attorney_presence.htm

newcreation58 said:

http://criminal-law.freeadvice.com/juvenile_law/questioning_parents_present.htm

http://criminal-law.freeadvice.com/juvenile_law/school_attorney_presence.htm

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Ok, let's just ASSume that this information is valid in YOUR particular case.
Did your daughter ASK for you or an attorney? The principal doesn't have to offer it.

And in the end, WHO was in the wrong, really?

The Principal, for confronting your daughter?
Did you want him/her to let it go, so your daughter could be ~~free~~ and ~~groovy~~ and have funsies?

Or you, for trying to get the only person who cared about your child at that moment??

Her "friends" sure didn't care about her. You weren't there to protect her, and she made her own choice. How do you like it? What's your reaction -- to punish someone ELSE? The someone who stood up to Miss Teen Smoker and said NO.

Hmmmm.

This information can also be found where you obtained that information.

What if I am called from class by a school administrator, taken to a room to be questioned by the police, social worker, or other official, do I have to talk to them?
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No. School administrators are routinely allowing students to be called from their classes to be questioned by the police, social workers and other officials. This is done without first notifying the student’s parents or obtaining prior consent. The courts have said this is legal. You have a right to demand your parent be present before any questioning takes place and/or have an attorney present before you answer any questions.
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Can statements made by me to school officials, teachers, or counselors be used to suspend or expel me from school and also used against me for prosecution in juvenile court?

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Yes. Any statements made to school officials, teachers, counselors, can be used to suspend/expel you from school and also used to bring criminal charges against you.

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The school still didn't do anything illegal. It's as Carl stated, she would need to assert her right.

The school is in "loco parentis" while your child is on school grounds.

Happy Trails said:

The school is in "loco parentis" while your child is on school grounds.

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Which is WHY the Principal acted as a PARENT and GAVE A DARN about YOUR kid.

Dang!

Rights and Kids

I believe it is very important that when your minor children are in trouble, it does pay to have you as a parent there when being questioned by a police officer (or similiar). It is not much different then having a lawyer present as an adult that is in trouble.

Not because they should not tell the truth or pay for their mistakes, but because they are often very nervous (they should be) and when being questioned can often answer the questions incorrectly, or misunderstand the questions being asked because they are scared and unsure.

Telling your kids that if a situation arises when they are in trouble legally, to always wait to you get there and why. Then as a parent, keep you head on straight.