L
liltom
Guest
Last October my son (13 yr. at the time) was pulled out of class and questioned for 4 ½ hours. The reason was that earlier in the day, he was showing a list of girls that were making “fun” of him. This was not a secret list. He let anyone and eveyone see it. Some of the girls were ex "girl friends". The prinicipal found out and pulled him for questioning (a list, school shootings etc etc).
Unfortunately, on the same day, he was walking to a next class and a made a “treating” motion with a pair of school issued scissors. This was to a friend that he knew for 2 years.
During the 4 ½ hours, the principal put these two incidents together and my son was charged with felony assault.
Some background:
1. My wife works 100 yd. away from the middle school in the attached high school. The principal knew this.
2. In the preceding May, the principal and my wife had a major argument regarding my son’s modifications for his ADD.
3. A week after this argument, the principal demanded that my son stop wearing those big baggy jeans that the kids wear. (Other students were and are wearing them). We stopped it.
4. In September, one month prior to the incident,the principal pulled my son in to tell him to take the blond streak out of his hair. (Many other students have the same and still do). We changed it.
The kid did some stupid things that day!! Never before or since (at another school) has he been in trouble.
My questions is one of Civil Rights.
1. During the 4 ½ hours the principle relied on the lies – this stinks for a 13yr old kid. A principal that in retrospect was making a case. But……
((((CAN SCHOOL OFFICIALS LIE TO ME AND TELL ME NOTHING WILL HAPPEN TO ME IF I MAKE A STATEMENT AND THEN USE MY STATEMENT AGAINST ME TO SUSPEND OR EXPEL ME OR HAVE ME ARRESTED? Yes. Just as the police can lawfully lie to you, school officials can also lie to get you to make incriminating statements.))))
2. The principle did not contact my wife during this time, even through my son stated were she was and wanted to talk to her (this was after about one hour of questioning. The principal told him to be quiet and just sit there.
(((AM I ENTITLED TO HAVE MY PARENTS PRESENT BEFORE BEING QUESTIONED BY A SCHOOL OFFICIAL, TEACHER, OR COUNSELOR ABOUT A POTENTIAL VIOLATION OF THE LAW? Yes. You are entitled to have your parents present before being questioned.)))
These past months:
We settled with the school. They would drop all actions if we keep our son out of school for the balance of the year. He is able to return this coming year. On the felony assault charge: He was immediately released in our custody, and we agreed (by advice of counsel) to deferred adjudication for six months. Ft Bend ISD and the Ft. BendJuvenile system have little or zero tolerance. We have passed 6 months with colors.
But what about the singling out of my son? WHat about the principal (not the vice principal for his grade)waiting for the something to happen (and it did) and pouncing on him?What about 4 ½ hours of closed room grilling. “This was a hit list wasn’t it?” “No it isn’t”. “Come on…you can tell me, nothing will happen”. This was headed to a felony assault - criminal charge to get my son off campus. The principal keep digging till any student(s) that were called in were wipped into a frensy. Principal, School ISD etc etc. This turned into a school wide distraction. The principal sent a letter out to the entire school popluation (parents) the next day pretty much doing a AL Haig impression - "I'm in charge and everthing under control".
No consideration of the ADD condition. No call the kids mother down the hall. Nothing. Long way around to asking…with some of the things that I have read, it looks like the principal can do what he wants to do. Is this right?
Sorry for being verbose. Many thanks.
Other info:
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? 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.
AM I ENTITLED TO CONSULT WITH AN ATTORNEY AND TO HAVE AN ATTORNEY PRESENT BEFORE BEING QUESTIONED BY A SCHOOL OFFICIAL, TEACHER, OR COUNSELOR, ABOUT A POTENTIAL VIOLATION OF THE LAW?
Yes. Many school districts have zero tolerance rules and any admission to violating certain disciplinary rules will result in automatic suspension, possible immediate arrest, referral for criminal prosecution and expulsion from school.
[Edited by liltom on 07-12-2001 at 01:30 PM]
Unfortunately, on the same day, he was walking to a next class and a made a “treating” motion with a pair of school issued scissors. This was to a friend that he knew for 2 years.
During the 4 ½ hours, the principal put these two incidents together and my son was charged with felony assault.
Some background:
1. My wife works 100 yd. away from the middle school in the attached high school. The principal knew this.
2. In the preceding May, the principal and my wife had a major argument regarding my son’s modifications for his ADD.
3. A week after this argument, the principal demanded that my son stop wearing those big baggy jeans that the kids wear. (Other students were and are wearing them). We stopped it.
4. In September, one month prior to the incident,the principal pulled my son in to tell him to take the blond streak out of his hair. (Many other students have the same and still do). We changed it.
The kid did some stupid things that day!! Never before or since (at another school) has he been in trouble.
My questions is one of Civil Rights.
1. During the 4 ½ hours the principle relied on the lies – this stinks for a 13yr old kid. A principal that in retrospect was making a case. But……
((((CAN SCHOOL OFFICIALS LIE TO ME AND TELL ME NOTHING WILL HAPPEN TO ME IF I MAKE A STATEMENT AND THEN USE MY STATEMENT AGAINST ME TO SUSPEND OR EXPEL ME OR HAVE ME ARRESTED? Yes. Just as the police can lawfully lie to you, school officials can also lie to get you to make incriminating statements.))))
2. The principle did not contact my wife during this time, even through my son stated were she was and wanted to talk to her (this was after about one hour of questioning. The principal told him to be quiet and just sit there.
(((AM I ENTITLED TO HAVE MY PARENTS PRESENT BEFORE BEING QUESTIONED BY A SCHOOL OFFICIAL, TEACHER, OR COUNSELOR ABOUT A POTENTIAL VIOLATION OF THE LAW? Yes. You are entitled to have your parents present before being questioned.)))
These past months:
We settled with the school. They would drop all actions if we keep our son out of school for the balance of the year. He is able to return this coming year. On the felony assault charge: He was immediately released in our custody, and we agreed (by advice of counsel) to deferred adjudication for six months. Ft Bend ISD and the Ft. BendJuvenile system have little or zero tolerance. We have passed 6 months with colors.
But what about the singling out of my son? WHat about the principal (not the vice principal for his grade)waiting for the something to happen (and it did) and pouncing on him?What about 4 ½ hours of closed room grilling. “This was a hit list wasn’t it?” “No it isn’t”. “Come on…you can tell me, nothing will happen”. This was headed to a felony assault - criminal charge to get my son off campus. The principal keep digging till any student(s) that were called in were wipped into a frensy. Principal, School ISD etc etc. This turned into a school wide distraction. The principal sent a letter out to the entire school popluation (parents) the next day pretty much doing a AL Haig impression - "I'm in charge and everthing under control".
No consideration of the ADD condition. No call the kids mother down the hall. Nothing. Long way around to asking…with some of the things that I have read, it looks like the principal can do what he wants to do. Is this right?
Sorry for being verbose. Many thanks.
Other info:
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? 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.
AM I ENTITLED TO CONSULT WITH AN ATTORNEY AND TO HAVE AN ATTORNEY PRESENT BEFORE BEING QUESTIONED BY A SCHOOL OFFICIAL, TEACHER, OR COUNSELOR, ABOUT A POTENTIAL VIOLATION OF THE LAW?
Yes. Many school districts have zero tolerance rules and any admission to violating certain disciplinary rules will result in automatic suspension, possible immediate arrest, referral for criminal prosecution and expulsion from school.
[Edited by liltom on 07-12-2001 at 01:30 PM]