Legal Question in Civil Rights Law in Minnesota

My 14 year old child was pulled out of class and questioned by both the Dean and school police office for something that happen in the evening off school grounds. Is that legal? The parent of another child does not want my daughter to be friends with his son. He thinks his son is too immature to be in a boyfriend girlfriend situation. He called the school a month ago and made an initial complaint. They pulled my daughter out of class at that time to tell her about the other parents request. I was called after they had spoke to both kids at school. Last night my daughter went to a neighborhood park was at the playground and walking on the trail. This boys house borders the park. While on the trail my daughter saw this boy with his friends playing football in thier back yard. She stopped to watch and said hi while on the park trail. The boys father saw her and called the school today and complained that my daughter was stalking his son. My daughter goes to this park several times a week, maybe more in warmer weather. My daughter was told she was harassing this boy and that if she did it again she would be arrested. I was again called after they had pulled her out of class. Is it legal for them to speak with and question her with out a parent present? Why would the school be involved when this did not happen during school or on school grounds? It does not seem like harrassment. There have been no other incidents. My daughter got straight A's for the entire school year and has never been in any kind of trouble ever. I do not want my daughter pulled out of class without a parent present. Do they legally need to respect my decision?


Asked on 6/10/10, 8:31 pm

1 Answer from Attorneys
Landon Ascheman Ascheman Law

There may be enough interaction that the other parents are seeking a harassment restraining order. This would force your child to refrain from contact with the boy or face possible criminal charges. She would have to be served with the order first.

There may also be a possibility of charges involving stalking. Based on the information you provided, I find this highly unlikely, although sometimes all the information isn't clearly presented.

Depending on the school regulations, in most cases they can pull your child out of class at will. I would tell your daughter that the instant she is asked to step out of the class room in regards to this, the only words she should say are either "I want my parents" or "I want my lawyer." If she asks for her lawyer, she will probably be denied, but it may stop the questioning, or any information gained will have little use to the court system. The request for a parent may be denied as well, but might assist in giving a cause of action against the school.

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Answered on 6/14/10, 2:31 pm


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