Required to answer questions asked by school faculty?

[TheInterested]

California-

Are students required to answer questions asked by school staff, ie principal, teacher, dean (even janitor).
Does this go under Miranda rights or something?

 

[PaulMass]

Are students required to answer questions asked by school staff?

Nope, but they can kick you out of school if you don't.

 

[Ohiogal]

Nope, but they can kick you out of school if you don't.

That is not quite true.

 

[FlyingRon]

That is not quite true.

In California, there's state law on the matter. One of the criteria permitting suspension is:

Disrupted school activities or otherwise willfully defied
the valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
​

Not answering questions most likely can run afoul of the willful defiance clause above.

There's no federal protection on the matter other than for certain protected students (special ed). Even then it's just more process rather than an outright ban.

 

[Ladyback1]

California-

Are students required to answer questions asked by school staff, ie principal, teacher, dean (even janitor).
Does this go under Miranda rights or something?

No, but if you are a minor and they are wanting to question you, then you can request for a parent/guardian present during questioning.

 

[CdwJava]

California-

Are students required to answer questions asked by school staff, ie principal, teacher, dean (even janitor).
Does this go under Miranda rights or something?

That depends on the facts. However, the school has a great deal of leeway in addressing matters on campus. If you are asked to provide a statement about an incident and you refuse, there can and often will be consequences for that.

Miranda might only apply if the school staff are asking the questions at the behest of law enforcement, and then only if the child were in custody or the equivalent restraint. In the overwhelming majority of instances on CA school campuses, Miranda will not apply when dealing with school staff.

 

[CdwJava]

No, but if you are a minor and they are wanting to question you, then you can request for a parent/guardian present during questioning.

Asking for it does not mean they have to provide it, and there can still be consequences for not speaking to the administration.

 

[Zigner]

No, but if you are a minor and they are wanting to question you, then you can request for a parent/guardian present during questioning.

Do you have any citation saying that the school would have to abide by such a request? Teacher: "Billy, did you do your homework?". Billy: "I would like to have my mother here before I answer any questions." It just doesn't make sense, does it?

ETA: Yeah, what CdwJava said!

 

[Zigner]

I would like to point out that this thread is in the Education Law forum, not the Criminal Law forum.

 

[Ladyback1]

Do you have any citation saying that the school would have to abide by such a request? Teacher: "Billy, did you do your homework?". Billy: "I would like to have my mother here before I answer any questions." It just doesn't make sense, does it?

ETA: Yeah, what CdwJava said!

I did not say the school has to abide by the request. And of course each circumstance would require a liberal application of common sense! (by all parties involved...)

 

[quincy]

California-

Are students required to answer questions asked by school staff, ie principal, teacher, dean (even janitor).
Does this go under Miranda rights or something?

The California Supreme Court has made it clear that school officials have the authority to ask questions of students. From In re Randy G., (2001), the Court said: "... we conclude instead that the broad authority of school administrators over student behavior, school safety, and the learning environment requires that school officials have the power to stop a minor student in order to ask questions or conduct an investigation even in the absence of reasonable suspicion, so long as such authority is not exercised in an arbitrary, capricious, or harassing manner" (http://law.justia.com/cases/california/supreme-court/4th/26/556.html).

However, students are not required to answer questions asked by school officials. Everyone has the right to remain silent, although maintaining one's silence when questioned by school officials can have undesirable consequences. But, if a student believes he is suspected by school officials of committing a crime, it would be smart for the student to exercise that right and say nothing.

If a law enforcement officer becomes involves in the questioning of the student, the school will/should notify the parent or guardian of the student, or the student can/should request a parent/guardian/attorney be present during the questioning. The law enforcement officer should inform the student of his/her right to remain silent.

 

[TheInterested]

Sorry- so what about in Wisconsin?
Does anyone know about that?

Perhaps it would help if I explained myself.

I have a friend who basically screwed himself by admitting to something when the office questioned him.
What's the legal issue on this... in general?
(In wisconsin)

 

[quincy]

Sorry- so what about in Wisconsin?
Does anyone know about that?

Perhaps it would help if I explained myself.

I have a friend who basically screwed himself by admitting to something when the office questioned him.
What's the legal issue on this... in general?
(In wisconsin)

Your friend had the right to remain silent. He didn't.

If he admitted to a crime, he might want to find an attorney to see if the attorney can help him get out of whatever it is he got himself into.

See my post above for the rights of school officials to question students. It does not vary much from state to state.

 

[Ladyback1]

Sorry- so what about in Wisconsin?
Does anyone know about that?

Perhaps it would help if I explained myself.

I have a friend who basically screwed himself by admitting to something when the office questioned him.
What's the legal issue on this... in general?
(In wisconsin)

Did he admit to a criminal act that could/will result in criminal charges?
Or did he admit to a violation of school policies/rules?

How old is your friend?

 

[TheInterested]

Did he admit to a criminal act that could/will result in criminal charges?
Or did he admit to a violation of school policies/rules?

How old is your friend?

Oh, it wasn't anything serious, he logged on to a teacher's computer at school apparently, and they're pretty mad at it.

But yes, when they asked him he did admit.
18 some, in high school. 12th grade.