Plainview, NY asked in Education Law for New York

Q: Do students have any type of miranda rights before being questioned about miscondut which could lead to a suspension

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1 Lawyer Answer
James K. Riley
James K. Riley
Answered
  • Pearl River, NY
  • Licensed in New York

A: If a student is being questioned by a school adminstrator, such as a building principal or assistant principal or by a teacher, the student is not entitled to receive Miranda rights or warnings in a public or private school situation or setting. In fact, a student could be subjected to student disciplinary proceedings if he or she refuses to answer questions from a school building administrator, such as an Assistant Principal. Only police officers and police authorities are required to advise a person concerning Miranda rights,including the right to remain silent, etc.

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