Dallas, TX asked in Education Law for Texas

Q: In Texas, does the school have to stop questioning a child after they requested a parent or lawyer

My daughter's high had three assistant principals continue to question my daughter after she asked for a parent or lawyer to be present.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Generally, school administrators can question students at school without a parent or guardian being present, whether they ask for a parent or lawyer or not. Some school districts have policies to the contrary. A violation of the district policy may subject the administrator to adverse employment action, but it does not necessarily give rise to either a civil or criminal action on behalf of the student.

Your best course of action is to train your daughter to say, "I'm not going to talk about that without my parent present" and then not talk about it.

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