Fifth amendment in school

[theMadHatter]

What is the name of your state? New York

I read that the fifth amendment applied to students in school officials. Atleast in California. How about New York. If this is true:
Say I get called down to the office for acting up in class or something (I'm actually a good kid I was just wondering aobut this). The principal asks me a question like, "what happend". I don't have to respond correct? I can just sit there and stare at him. Or would I have to say "I plead the fifth amendment" or something.
Thanks.

 

[BelizeBreeze]

What is the name of your state? New York

I read that the fifth amendment applied to students in school officials. Atleast in California. How about New York. If this is true:
Say I get called down to the office for acting up in class or something (I'm actually a good kid I was just wondering aobut this). The principal asks me a question like, "what happend". I don't have to respond correct? I can just sit there and stare at him. Or would I have to say "I plead the fifth amendment" or something.
Thanks.

You may be a 'good kid' but your legal knowledge is sorely lacking. You can just sit there and stare and you can be suspended for it. Plain and simple.

 

[theMadHatter]

So you don't have to answer but it is advised to. Gotcha.

 

[VAsinglemom]

Your principal of your school doesn't have any LEGAL authority over you. You do not have ANY legal rights in regards to being questioned by a school official. Just as the poster above me stated, you don't HAVE to tell them anything but don't expect them to let you get away with it.

 

[JLR80]

No freedom is absolute, there are limitations. Yes, you are corrent that the Supreme Court has ruled that students don't shed their constitutional rights at the school house gates and become stripped of their liberties upon entering the building. Yes, you can exercise your right to remain silent but the school can discipline you for insubordination or whatever they wish to classify your misbehavior as.

If you witnessed something illegal (i.e. a fight where another student or faculty member was injured) you could be issued a subpoena and required to testify about what you witnessed in a court of law.

 

[Nedved]

What is the name of your state? New York

I read that the fifth amendment applied to students in school officials. Atleast in California. How about New York. If this is true:
Say I get called down to the office for acting up in class or something (I'm actually a good kid I was just wondering aobut this). The principal asks me a question like, "what happend". I don't have to respond correct? I can just sit there and stare at him. Or would I have to say "I plead the fifth amendment" or something.
Thanks.

Interesting question, i was wondering more or less the same thing myself.. if it has to do with school and it does not have to do with any criminal behavior, but could get you in trouble with the school (being a distraction in class would be a pretty good example), the fifth amendment wouldn't apply. Obviously they cant FORCE you to answer a question, but they could punish you for not doing so. If it has to do with anything criminal, I doubt they could punish you if you respectfully refused to answer them. Don't quote me on that though -- and as far as I know, the Supreme Court hasn't ruled on this yet...

 

[kingsknoll]

The principal is asking you the question because he is conducting an investigation to make a determination if you were being disruptive. If you say nothing, so be it. In that case, the only info he would have would be from the teacher's referral. Is the teacher's side all you want to be considered? If not, speak up!!!