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Unalienable Rights at Risk: 'In Loco Parentis' Empowers Schools to Breach Boundaries!
This is based on whether your student is suspected of Contraband
Get acquainted with the Search Procedure. The Public School District may not readily disclose its approach to carrying out the procedures. They might assert that all details are outlined in the Student Code of Conduct. This document informs students and parents about the established procedures (i.e., what will transpire). The Discipline Guideline explains the process and its intended execution. The illustration below is extracted from page 182 of the 2023-2024 Discipline Guideline Manual for the Public School District, which implicated my student with a level IV infraction. Each Public School District typically provides a similar guide for staff to adhere to.
Due to the "In Loco Parentis" principle, there is no obligation to safeguard the rights of our students. I have observed that they easily infringe upon the rights of parents and students due to a lack of transparency in the implementation process of Level IV procedures and other related matters. If parents and the Public School District are to collaborate for the improvement of students, why withhold information about the process?
Search Process
My daughter underwent a search, and the dean found nothing on her person or in her belongings. As per the outlined procedure, I was supposed to receive a phone call once nothing was discovered. According to the flowchart, it is evident that a level IV infraction could not have occurred if the proper procedures were followed. However, I did not receive a call to pick her up after the search, and the Dean proceeded to interrogate my daughter in my absence. This happened because "In Loco Parentis" School staff have the authority to question her without providing a Miranda warning or allowing her to contact a parent/guardian or attorney. Unfortunately, my daughter had no one there to represent her, and she was recorded without my presence. I only received a call after the referral had already been written.
The Unethical and Unconstitutional Realty of "In Loco Parentis"
The invocation of "In Loco Parentis" in this situation has led to a series of detrimental consequences for both my daughter and me. Following a search of my daughter, where no evidence was found on her person or belongings, the prescribed procedure mandated that the parent be informed once the search yielded nothing. However, this crucial step was neglected, causing a breakdown in communication.
The absence of the expected call became a pivotal factor as it left me unaware of the situation and prevented timely intervention. As a result, the Dean, under the authority granted by "In Loco Parentis," proceeded to interrogate my daughter without the presence of her parent. This absence of parental oversight raises concerns about the potential misuse of authority and the compromising of my daughter's rights.
The negative implications of "In Loco Parentis" become further apparent as it empowers school staff to question my daughter without providing a Miranda warning or allowing my daughter to contact a parent, guardian, or attorney. This lack of procedural safeguards undermines the rights of my daughter, leaving her vulnerable during the interrogation process.
Adding to the complications, the absence of a representative for my daughter during the questioning and the recording of the interaction without my presence raises additional ethical and legal concerns. The principles of "In Loco Parentis" seemingly enable actions that may infringe upon the daughter's rights and compromise the fairness of the disciplinary process.
Furthermore, the delayed notification to me, occurring only after the referral had been written, underscores a lack of transparency and timely communication. This delay hinders any parent's ability to advocate for their child and participate effectively in the resolution of the matter.
The application of "In Loco Parentis" in this instance has resulted in a cascading series of negative consequences, including a breakdown in communication, a lack of parental involvement during interrogation, potential rights violations, and delayed notification—all of which collectively compromise the fairness and integrity of the disciplinary process.
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