Can School Officials Interview My Child Without Permission?

Does a school official need my permission before interviewing my child for a disciplinary investigation?

In a public school (K-12), the school officials act “in loco parentis”, meaning “in place of the parent”, during the hours that a student is in their physical custody. As a result, school officials may interview and obtain written statements from students suspected of a violation of the code of conduct, without first notifying a parent. Similarly, school officials may interview and obtain statements from students they believe are witnesses to disciplinary incidents without parental permission.

Does my child have to participate in an interview with school officials?

Although school officials do not need parental permission before interviewing your child, your child has the right to refuse to participate in an investigation. It may be difficult, however, for a child to make this decision on their own, particularly when speaking with administrators and teachers that they know and trust. In some circumstances, students may be led to believe that providing a statement will improve the outcome of their situation, although this is often not the case.

Can school officials involve police officers in a school disciplinary interview?

If school officials believe that an incident may be criminal in nature, or if they believe a threat has been made toward another student, employee, or to the school, the school may involve law enforcement in their investigation - usually a school resource officer (S.R.O.). Under Florida law, a parent or legal guardian be notified if a law enforcement officer conducts a custodial interrogation with their minor child; however, there are circumstances in which your child may be involved with law enforcement officer in a school interview that does not constitute a “custodial interrogation”, such as when they are considered a witness to an event, or when the SRO is present during, but not conducting, an interview.

Can I request that the school ask permission before interviewing my child?
Your school district may allow you to make a standing request of this type before a disciplinary issue arises. For example, the Orange County Public Schools Code of Conduct allows parents to request, in writing, that their student not participate in student discipline investigations without prior authorization from a parent/guardian. Such a request must be submitted before a disciplinary investigation begins, and is ideally submitted at the beginning of a school year. Of course, the submission of such a request does not prevent the school from investigating a disciplinary matter involving your child, but simply limits their ability to interview or obtain statements from your child without your consent. Further, this request would not apply to law enforcement officers conducting criminal investigations (although, as previously noted, there are laws which restrain a law enforcement officer’s ability to interview a child without notifying a parent).