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Sam, Attorney at Law
Category: Education Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Can a 15 yr old IEP student be questioned by two adult teachers

Customer Question

Can a 15 yr old IEP student be questioned by two adult teachers about his intention to transfer schools ( within the district) without a parent present?
Can his answers be used in court?
Submitted: 5 months ago.
Category: Education Law
Expert:  Sam replied 5 months ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. Unfortunately, yes. There are no laws prohibiting such conversations without a parent present. The only thing a parent can do is advise their children that they are under no legal obligation to participate in such conversations and if they happen to simply say I want my parent(s) present before we continue.It is possible the statements may be used in a court case. Keep in mind that in a criminal matter, if one is placed under arrest they need to be read their rights before they are questioned. This is not so in a civil matter. There are no such rights.
Expert:  Sam replied 5 months ago.
Please let me know if you have other questions in this regard. Otherwise, thanking you in advance for a positive rating as that is how I get credit for my time and information. Thank you.

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