Apr 29

School Discipline and Miranda Warnings

A recent School Law Blog in the April 26 Education Week  edition presents a scenario that administrators need to careful to avoid. When a student is suspected or discovered with involvement of illegal activities in school, the building administrators need to exclude the School Resource Officer (SRO) in the initial office investigation conversation.  Establishing student guilt for a school infraction, even if it is criminal needs to be done between the student and the administrator before having an SRO present. If  the action is deemed illegal by the administrator, then the SRO must then become part of the conversation and offer the student a Miranda warning. Any actions after that point toward civil actions can be carried out by the SRO with the correct procedure having been followed.

The blog in Education Week describes the results of the failure to follow correct protocol. You may access it at: