School Detention Legal Rights

Summary

In California, school officials can question students without parental consent but cannot detain them indefinitely without cause. They must have reasonable suspicion of a rule violation, and the detention must be reasonable in length and conditions. Parents should be notified promptly. If your daughter is being held in the office and not allowed to leave, this is considered being detained. She should be informed of the accusations against her and has the right to request parental involvement. If the school refuses to release her, you should call the school and request her immediate release. If they still refuse, consider seeking legal counsel.

Full Conversation

Hi my daughter is being kept in the office of her school because the vice principle and principle suspect she did something of sexual inappropriateness. The other mother who reported supposed actions had been out to get my daughter for about 4 months now making up ridiculous lies to get her into trouble can the office hold her in there without any real proof?
In California, school officials can question students without parental consent. However, they can't detain a student indefinitely without cause. Here are some important points:
- They must have a reasonable suspicion the student violated a school rule.
- The length and conditions of detention must be reasonable.
- Parents should be notified as soon as possible if a student is detained.
- If you believe your daughter's rights are being violated, consider consulting with a lawyer.
they are keeping her in the office would that be considered ad being detained
Yes, if your daughter is being held in the office and not allowed to leave, this is considered being detained. It's important to ensure they have a reasonable suspicion of rule violation, the detention time is reasonable, and they've informed you promptly.
do they need to inform the student on what they supposedly did?
Yes, the student should be informed about the accusations against them. It's crucial for due process and fairness that they understand what they are being accused of. This allows them to respond and defend themselves effectively.
what should my kid say to the principle about this?
Your child should politely request the reason for her detention and ask to have her parents notified. If she feels comfortable, she can also express her side of the story. However, it's important for her not to divulge too much without a parent or legal representative present.
my kid has no clue what happened and they wont tell her they are keeping her detained in the office and has been told to stay there until further notice is there anything she can do or say to get taken back to class?
Your daughter can say, "I've cooperated and would like to return to class. If there are further concerns, I'd like my parents involved in the conversation." She has a right to education and cannot be kept out of class indefinitely without cause.
what if they still wont let her leave?
If they still won't let her leave, it's time to get more directly involved. You could call the school and request immediate release. If they refuse, consider seeking legal counsel. Remember, your daughter has rights and they must respect them.
what's are all of my daughters legal rights in this situation?
Your daughter has several rights in this situation:
- Right to know the accusations against her.
- Right to a reasonable detention period.
- Right to parental notification.
- Right to education and not being kept out of class indefinitely.
- Right to legal representation if needed.

If these rights are violated, consider legal counsel.
how could my daughter desplay her rights to them in order to be let go?
Your daughter can assert her rights by doing the following:
- Politely ask for the accusations against her.
- Request a reasonable detention time.
- Insist on parental notification.
- Express her right to education and her desire to return to class.
- State her right to legal representation if required.
If these aren't respected, consider taking legal action.
okay my kid just informed the principle what now?
If the principal still refuses to let your daughter leave, you should call the school and request her immediate release. If they still refuse, you should consider seeking legal assistance.