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Should My Child Talk to Police at School Without Me?

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Two separate processes

If a school resource officer or local police get involved, that is separate from the school's discipline process. Fla. Stat. 1006.07 requires each district to adopt a code of student conduct with the rules, consequences, and procedures — that code covers suspension, expulsion, and hearings. A police investigation, an arrest, or a juvenile court case follow a different set of rules. The two can happen at the same time, but they are not the same thing, and they do not run on the same timeline.

What Florida law says about referring students to police

Under Fla. Stat. 1006.13, zero-tolerance policies must still allow case-by-case consideration. The law says schools may not require a referral to law enforcement for petty misconduct. This does not mean police can never be called at a school — it means the decision is not supposed to be automatic.

Should your child talk to police without you?

The material behind this guide is clear on one point: your child should not give a statement to police without a parent present, and ideally without an attorney. If police are involved, contact the public defender or a legal-aid office before your child answers any questions.

• Do not let your child answer questions from police alone, even briefly.
• Ask to be present, or ask that questioning wait until you arrive.
• Call the public defender's office or a legal-aid office as soon as you can.

This guide does not give criminal-defense advice — that is a separate area of law, and it is not legal advice.

What the school still owes your child

Even where police are involved, the school's own process keeps running. Under Goss v. Lopez, a student is owed notice and a chance to be heard before a suspension. Fla. Stat. 1006.09 limits a principal's suspension to 10 school days per incident, and expulsion can be imposed only by the school board, after notice and a hearing under the district's procedures. Ask the school, in writing, for the notice, the specific code provision charged, and the hearing date.

Where to get help

FloridaLawHelp.org offers free education-law help for families who qualify. If your child has been arrested or is facing juvenile court, contact the public defender's office or legal aid before any further statements are made. Confirm the district's own process by checking its code of student conduct and speaking with the hearing office.

What to do next

Paste the school's notice and what your child says happened into the free tool. It reads your own document and your own account — nothing is invented, nothing is stored — and shows you what the school must provide, the deadlines, the records to request, and a response letter. It does not give criminal-defense advice; for police or arrest situations, contact legal aid or an attorney directly. This is not legal advice, and it can be wrong — confirm anything important with the district or a professional.

School Discipline Response FL explains Florida school-discipline law and district procedures in plain language; it can be wrong, and it is not legal advice. It never names other students. For expulsion, arrest or a special-education dispute, contact legal aid or an attorney. Nothing you paste is stored.