A Federal judge in Missouri has ruled in L.G. by M.G. v Columbia Public Schools that the parents of a student with a disability had valid constitutional claims against a school district for interrogating their daughter without their knowledge regarding an off-campus crime. The student, who was diagnosed with Anxiety Disorder, OCD and Depression, was pulled out of class during final exams and questioned by school administration and police regarding a community crime that was committed outside of school hours and off school property. The court found that schools can be held liable for violating 4th and 14th amendment (unreasonable searches and deprivement of liberty without due process) rights of students, and the practice of permitting law enforcement officials to seize minor students, during school hours, without a valid warrant or notifying their parents is particularly harmful to a student who already has mental health needs.
July 2020
