interviewing children in trouble at school

[Mickey2255]

Four days into the school year and difficult child is suspended for a day and a half for aggression with another child. The BIP was half followed. What has me smokin' mad is that it happened at 9:45 in the morning and they didn't call me until 1:10 in the afternoon. They also quoted difficult child as having said some really odd things - like that he knew exactly what he was doing when he hit the kid.

I'm very seriously considering telling the school that they CAN NOT interview my child after an incident without either me or husband being present OR taping the full interview and providing me a copy. I'm 100% sure I could tell difficult child not to talk to them without us there or it being taped and he would comply with no problem - but is this "legal" or allowed? Oh yeah, I guess I should remind you that difficult child is a very immature just turned 10 year old with ADHD/ODD and sensory issues. His IEP now says ADHD but we are still working under the old one for S/L. We meet again next week to go over all the evaluations and test results from this summer and past couple weeks...

Anyone have any thoughts on this? Even my cop friends say they usually limit suspect interviews to 2 hours or less so they don't get an attorney to tear them up at trial that they made their client too "tired" to answer honestly!

THANKS!
Michelle

 

[Martie]

I do not know the answer to your question as a matter of law, but you could ask to have immediate notification if there are problems such as you describe written into the IEP.

As a concerned and involved parent, you must be kept in the loop. It would e interesting to be a fly on the wall in the meeting to hear the SD reasoning if they would try to deny your request. It should be part of the BIP if you want it to be...

Remember, you are a full participating member of the IEP team.

Martie

 

[C.J.]

Put it in writing! While N* was in middle school, she was accused of stealing $18.00 from another difficult child in a math class for Learning Disability (LD) kids.

School Resource Officer (SRO who was a city cop) interviewed her without me present at 14 because it was allowed in my state. Explain to your child NOW that if questioned in private by authorities (principal, police, other school admin) for a problem they could get in trouble for, to say, "I will answer your questions when my mom/dad/guardian is here."

I explained during an IEP meeting that N*'s civil rights were not to be trampled on, and if she were questioned again without my prior knowledge and consent, there would be problems.