Can a teacher question a minor about her living situation without a parent

[Loisrenee]

What is the name of your state (only U.S. law)? Texas

 

[Taxing Matters]

What is the name of your state (only U.S. law)? Texas

In general the answer to the question in your subject line is yes, but details of what questions were asked and why might make a difference.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

Are you a minor living without a parent? Are you homeless?

Teachers are often the first to recognize a problem with a student or with a student's living situation. It would not be unusual for a teacher to talk to a student (in private) out of concern for the student.

I agree with Taxing Matters that additional (non-identifying) details could help us answer your question more fully.

 

[LdiJ]

Are you a minor living without a parent? Are you homeless?

Teachers are often the first to recognize a problem with a student or with a student's living situation. It would not be unusual for a teacher to talk to a student (in private) out of concern for the student.

I agree with Taxing Matters that additional (non-identifying) details could help us answer your question more fully.

Teachers do not normally do that. That is the job of guidance counselors. A teacher who suspects a problem would normally send the child to the guidance counselor. Now, if the teacher has reason to suspect abuse or neglect, as a mandated reporter the teacher would normally call CPS/DFS/DYFS (whatever your state calls it) rather than questioning the child.

 

[PayrollHRGuy]

Yes, actually teacher do that very often before they escalate the issue.

 

[quincy]

Teachers do not normally do that. That is the job of guidance counselors. A teacher who suspects a problem would normally send the child to the guidance counselor. Now, if the teacher has reason to suspect abuse or neglect, as a mandated reporter the teacher would normally call CPS/DFS/DYFS (whatever your state calls it) rather than questioning the child.

I don't think it is unusual at all for a teacher to speak to one of his/her students about problems they may be having at home, this before referring the student to a school counselor and certainly before contacting CPS/DFS (or another agency) should the teacher note a problem.

 

[Zigner]

Teachers do not normally do that.

You've surveyed enough teachers in Texas to know this is true?

 

[Just Blue]

Teachers do not normally do that. That is the job of guidance counselors. A teacher who suspects a problem would normally send the child to the guidance counselor. Now, if the teacher has reason to suspect abuse or neglect, as a mandated reporter the teacher would normally call CPS/DFS/DYFS (whatever your state calls it) rather than questioning the child.

Please give us the Texas statutes that would back up you opinion. Thank You.

 

[quincy]

I think LdiJ does not have anything but "a feeling" to back up her statement.

I would think it highly UNusual for a teacher to contact a counselor or agency BEFORE speaking with the student.

 

[Just Blue]

I think LdiJ does not have anything but "a feeling" to back up her statement.

I would think it highly UNusual for a teacher to contact a counselor or agency BEFORE speaking with the student.

My "feeling" as well.

 

[quincy]

My "feeling" as well.

I am from a family of many teachers so I know that a teacher speaking to a student about what is going on at home would not be unusual. Teachers are adults students often trust enough and feel comfortable enough with to talk about their home issues.

Of course, details matter. A teacher should not question a student in front of a classroom full of other students. Speaking to a student in private without the student's parent present shouldn't be a problem in and of itself, however.

 

[ajkroy]

I am a high school teacher and I have my students for three, sometimes even four years. It is impossible not to develop a bond during that time and we are usually the first to notice changes in the daily behavior of a student. That said, many of my students either don't have parents, the parents don't speak English, or wouldn't show up at the school unless they were paid to do so. For me to wait until a parent is present to ask a question to a student would mean questions would never be asked.

What prompted the OP to ask the question in the first place?

 

[Just Blue]

I am from a family of many teachers so I know that a teacher speaking to a student about what is going on at home would not be unusual. Teachers are adults students often trust enough and feel comfortable enough with to talk about their home issues.

Of course, details matter. A teacher should not question a student in front of a classroom full of other students. Speaking to a student in private without the student's parent present shouldn't be a problem in and of itself, however.

Curious to know if LD will back up her opinion.

 

[cbg]

Just to add something to the answer to the OP;

Since we have no information at all about the circumstances here, or even to know who is posting (the kid, the parent, or the teacher) this should be considered simply an example.

Let's suppose the minor is in an abusive situation. The teacher notices that there is a problem and addresses it with the student, to try to help the student. It would be counter-productive if the parent had to be present; do you think the minor would admit there being a problem when the parent is there? Generally it's hard enough to get them to acknowledge abuse when the abuser is NOT present.

For this reason, and other similar ones, there is no overriding requirement that a parent be present for any questioning about home life. As the others have said, details matter.

 

[quincy]

I am a high school teacher and I have my students for three, sometimes even four years. It is impossible not to develop a bond during that time and we are usually the first to notice changes in the daily behavior of a student. That said, many of my students either don't have parents, the parents don't speak English, or wouldn't show up at the school unless they were paid to do so. For me to wait until a parent is present to ask a question to a student would mean questions would never be asked.

What prompted the OP to ask the question in the first place?

It would be nice if Loisrenee would return to provide some details.

I would like clarification on the wording of the title. I first read it as a student living without a parent but see how it could mean that the questioning by the teacher was done without the student's parent present.

Not that there would be anything unusual or wrong with the questioning either way ... depending on facts not yet disclosed.