School Officials Don’t Need Probable Cause to Question Student

Guidance Counselor - Taking NotesMany parents are outraged when their child or adolescent is questioned by school officials regarding misconduct in a school setting without appropriate Miranda warnings and without notifying the parents. A district court in Michigan recently ruled that a school was able to detain a student for questioning. To detain a student, a school must have a reasonable suspicion that the student violated a law or school rule. A lesser standard is appropriate, the court reasoned, because school officials act in loco parentis for a student and in order to maintain order, a student’s freedom may be restricted in some ways. D.J.Y. v. Ypsilanti Community Schools 115 LRP 6578 (E.D. Mich. 2015).

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About MickiMoran

Micki Moran is the founding partner of The Child and Family Law Center, Ltd. She dedicates her practice to providing legal assistance to children and families who are in need of representation in the areas of special education, disability law, juvenile and young adult criminal law, abuse and neglect, guardianship and mental health issues. Micki's practice is founded on the principle that children and their families require and deserve excellent legal representation with a multidisciplinary approach that works with multiple systems of care and creates communities that support and improve the quality of all peoples' lives.
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