Can School Officials talk to my child alone after I have requested to be present?

[parents2two]

What is the name of your state (only U.S. law)? New York

Does the school (any school official) have the legal right to question our child alone AFTER we have requested the right to supervise anytime our children are being questioned by the school? We requested that No One question either of our children alone, to instead call one of us (parents) and that we would immediately come to the school to be present. We were told that the school does not have to call us and that the courts will back them in the matter. Thank you in advance.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? New York

Does the school (any school official) have the legal right to question our child alone AFTER we have requested the right to supervise anytime our children are being questioned by the school? We requested that No One question either of our children alone, to instead call one of us (parents) and that we would immediately come to the school to be present. We were told that the school does not have to call us and that the courts will back them in the matter. Thank you in advance.What is the name of your state (only U.S. law)?

The school is correct.

 

[parents2two]

Thank you.

Thank you.
__________________________

The Doctrine of Parens Patriae

“[T]he admonition to function in a ‘parental’ relationship [of standing] is not an invitation to procedural arbitrariness.” Kent v. United States, 383 U.S. 541, 555 (1965). States may not exercise such power in a manner that has “all-encompassing scope and . . . sweeping potential for broad and unforeseeable application.” Wisconsin v. Yoder, 406 U.S. 205, 234 (1972). With respect to school teachers, they have only such portion of parental authority as a parent may choose to temporarily commit to the teacher's charge, in order to answer the purposes for which the parent has initiated the employment. Vernonia School District 47J v. Action, 515 U.S. 646, 654-55 (1995)(quoting 1 W. Blackstone, Commentaries on the Laws of England 441 (1769)).
State governments may not properly override parental decisions or terminate custody, unless 1) parents delegate their authority to the state voluntarily and knowingly, or 2) the state demonstrates through appropriate due process that there is clear and convincing evidence that the parents have triggered state parens patriae interests by placing their children in clear and present danger. C.f. Croft v. Westmoreland County Children & Youth Servs., 103 F.3d 1123 (3d. Cir. 1997).

Under the The Right to Direct the Upbringing of One's Own Child, otherwise known as the Parental Liberty Doctrine, is a crucial civil liberty. It includes direction of a child's education, health care, lifestyle, regimen, religious observance, and discipline. The characterization of the liberty as "fundamental" under the substantive due process of the Fourteenth Amendment of the United States Constitution makes an enormous practical difference to home educators and court litigants.
"Fundamental" Liberties
In the parlance of United States constitutional jurisprudence, a "fundamental" right is a civil liberty of paramount importance. Whenever an individual can show that the government is interfering with an exercise of a "fundamental" civil liberty, the government has the burden to prove to a court that the government action can survive the "strict scrutiny" standard of court review.

 

[Zigner]

Thank you for posting that.

Thank you.
__________________________

The Doctrine of Parens Patriae

“[T]he admonition to function in a ‘parental’ relationship [of standing] is not an invitation to procedural arbitrariness.” Kent v. United States, 383 U.S. 541, 555 (1965). States may not exercise such power in a manner that has “all-encompassing scope and . . . sweeping potential for broad and unforeseeable application.” Wisconsin v. Yoder, 406 U.S. 205, 234 (1972). With respect to school teachers, they have only such portion of parental authority as a parent may choose to temporarily commit to the teacher's charge, in order to answer the purposes for which the parent has initiated the employment. Vernonia School District 47J v. Action, 515 U.S. 646, 654-55 (1995)(quoting 1 W. Blackstone, Commentaries on the Laws of England 441 (1769)).
State governments may not properly override parental decisions or terminate custody, unless 1) parents delegate their authority to the state voluntarily and knowingly, or 2) the state demonstrates through appropriate due process that there is clear and convincing evidence that the parents have triggered state parens patriae interests by placing their children in clear and present danger. C.f. Croft v. Westmoreland County Children & Youth Servs., 103 F.3d 1123 (3d. Cir. 1997).

Under the The Right to Direct the Upbringing of One's Own Child, otherwise known as the Parental Liberty Doctrine, is a crucial civil liberty. It includes direction of a child's education, health care, lifestyle, regimen, religious observance, and discipline. The characterization of the liberty as "fundamental" under the substantive due process of the Fourteenth Amendment of the United States Constitution makes an enormous practical difference to home educators and court litigants.
"Fundamental" Liberties
In the parlance of United States constitutional jurisprudence, a "fundamental" right is a civil liberty of paramount importance. Whenever an individual can show that the government is interfering with an exercise of a "fundamental" civil liberty, the government has the burden to prove to a court that the government action can survive the "strict scrutiny" standard of court review.

(The school is still correct)

 

[parents2two]

Indeed it would seem so. Thanks again.