Q: What are my child’s rights if he/she is arrested at school?
A: Your child has basically all the same rights if arrested at school as in the community. This means that police officer arresting your child must inform your child of his/her Miranda rights. Miranda Rights include:
Right to remain silent. Your child has the right to not give any information to school officials, police, security, or anyone else until he/she has talked to a lawyer. Tell your child to request a lawyer if he/she is ever facing arrest. Once a lawyer is requested the police have to stop their questioning.
Right to not sign anything. As part of the right to remain silent, your child does not have to sign any papers until a lawyer is consulted.
Right to an attorney. Your child has the right to a lawyer. This lawyer can be hired by you, if you can afford it, or the court will appoint a public defender in the event that you can’t afford a lawyer.
Q: What should I do if the school calls to tell me my child is being arrested?
A: Here are some suggestions.
If possible, go to the school. Do not reprimand your child in front of law enforcement or school officials.
Tell your child to remain silent. Tell police and school officials that your child will choose whether or not to speak with them after consultation with a lawyer.
Do not sign anything until you consult with a lawyer. Your child will be assigned a lawyer once they are booked.This person can help you.
If your child is receiving Special Education service, be sure to tell your child’s lawyer!
Q: Is the school required to call me if my child is being arrested?
A: Yes, if the child is under 17 years old. If your child is 17 or older, the school is not required to notify you.
Pyramid Community Parent Resource Center Pyramid HelpLine 504-218-8922 Fax 504-899-1455 info@pyramidparentcenter.org
