Girl, 12, 'interrogated' by school staff until she gives up Facebook password

[legalmania]

I guess I am just jaded but I won't believe that the school was wrong until I hear the school's side of the story. My friends dd is 12 and she is a pathological liar. Without a doubt I can see her saying the adults treated her in a manner in which the child in this story is accusing. I can without a doubt see her mother believe her and file a lawsuit. I am jaded, because IME kids aren't always as innocent as we would like.

I also don't see a problem with my dd being in a conference room with 3 adults from the school. Let's see the principal, the counselor and the teacher. Yep I would have no problem with that situation. MOO

I have read about 5 different versions of the story so far. This started in 2010. I believe this little girl is angry because she had to go to a new school, where she felt she wasn't liked by the school monitor and then was mad because someone turned her in, then a mother turned her in for talking about sex on the computer to her son, that is when the password was demanded. The school claims they did have a parents permission. So I wonder if the dad said o.k. and that is why the little girl was so upset, her dad gave her up. I think there may be a divorce or separation, because the mother is suing. The school says they're not going to comment because they haven't received any complaint yet. Then I read there is a complaint. It's confusing. With time the true story will come out it always does.

 

[prayers4missing]

Why would this child's mother let her continue with a facebook after being suspended for something she wrote on it in the first place. Kids under a certain age can't have public profiles on FB, so it had to be private - who cares what she wrote on her private facebook. If the snitch doesn't like what she says, delete her as a friend.

Sounds like a political deal to me.

BBM

Sure if she was honest about her birth year when she set up her account, and we know she wasn't honest because she is only 12. I very likely wasn't a private page, I have seen some many 11 and 12 year olds with public facebook pages that it isn't even funny.

From Nova:

And if she had a conversation with her friends at the mall, would you expect the school to intervene? If she were making explicit threats of violence, I would expect anyone who heard to call LE. But complaints about a teacher? I'm really not getting something here.

Students are not employees.

And I have news for everybody, 12-year-olds were talking about sex long before Facebook. Even before the internet and before cable TV.

But talking on the phone or in person with a friend is NOT the same is it being out on facebook for the whole world to see. Students are not employee's but I don't really see why that makes a difference.

I really think there is a lot about this case that we haven't heard about yet. MOO

 

[kgeaux]

:banghead:

Why would this child's mother let her continue with a facebook after being suspended for something she wrote on it in the first place. Kids under a certain age can't have public profiles on FB, so it had to be private - who cares what she wrote on her private facebook. If the snitch doesn't like what she says, delete her as a friend.

Sounds like a political deal to me.

Although the school says the mother was aware of the situation and okayed the school to get her daughter's FB password, it is not clear whether the mother was informed of these specific FB posts, or whether Mom just signed a generic "I have been informed of school policies concerning Internet use" forms at the beginning of the school year-----I know I signed plenty of those for my kids who attended public high school, but I sure never considered that they would interrogate my kids and
have a deputy in the room flashing his tasar!

Did she say she was going to kill the monitor? Was she bullying the monitor? Otherwise, heck no. IMO

Nope, no threats. The articles state she said the monitor was mean. So, yep, totally agree, HECK NO!

There is another thing that concerns me. Why did 3 adults feel it was ok to go into a room with a 12 year old girl? The actions are wrong on so many levels; as adults
as LE, as school employees, they handled the situation incorrectly. IMHO

I really believe, and please forgive me if you disagree, that schools have become an arm of the government, attempting to mold model citizens....and they regularly, routinely overstep their boundaries.

JUST AS AN EXAMPLE:
One of my boys was attending school for the first time as a ninth grader, and the school was made aware of another student's threats to "pull a Columbine."

The school did not inform parents----we learned of the threats when our kids came home and told us! I could not believe the school would keep such pertinent information from parents, but when I complained, I was informed that public schools consider themselves to BE the parent in absentia......honestly, the school did not understand why I was upset.....I had signed a form at the beginning of the year saying it was ok for the school to make decisions in my absence. Since I was a stay at home mom, and live about a quarter of a mile from the school, I figured I would always be available and never be "in absentia". But what the school meant was that they did not even have to inform me ahead of time, regardless of whether I was available or not.

We've only heard one side of the story so far, so we don't know how far it went. She did use expletive the F word when asking who turned her in. The school sounds pretty confident that when all the facts come out they will prevail.

You have a very valid point, and I am admittedly biased when it comes to public schools. However, the use of a cuss word doesn't bother me, as it has nothing to do with the school's actions.

I am looking forward to hearing the other side of the story, but if no threats
were made by the 12 year old, then I predict the school district will be paying out a settlement.

 

[legalmania]

Isn't that the standard response in a lawsuit?

Yes, but the Supreme Court has ruled in several cases favoring schools.

 

[kgeaux]

Yes, but the Supreme Court has ruled in several cases favoring schools.

That just amazes me. It really does. By ruling that schools can hold children accountable for actions they take while under parental supervision is just evidence of the erosion of parental rights.

I really enjoy reading your opinions, legal mania. You stretch my mind!

 

[legalmania]

That just amazes me. It really does. By ruling that schools can hold children accountable for actions they take while under parental supervision is just evidence of the erosion of parental rights.

I really enjoy reading your opinions, legal mania. You stretch my mind!

I stretch your mind, I hope that's a good thing.

 

[kgeaux]

I stretch your mind, I hope that's a good thing.

Oh, yes, it is a good thing! I could be stuck thinking my point of view was the ONLY point of view! You make me think beyond my biased opinions, and that can't be anything but good!

 

[daisy7]

Yes, but the Supreme Court has ruled in several cases favoring schools.

The Supreme Court has ruled in favor of schools obtaining private social network passwords of students? Please provide a link to these cases. TIA!

 

[vlpate]

:banghead:
<snipped>
Although the school says the mother was aware of the situation and okayed the school to get her daughter's FB password, it is not clear whether the mother was informed of these specific FB posts, or whether Mom just signed a generic "I have been informed of school policies concerning Internet use" forms at the beginning of the school year-----I know I signed plenty of those for my kids who attended public high school, but I sure never considered that they would interrogate my kids and
have a deputy in the room flashing his tasar!

Wasn't the girl suspended once before for posting something disagreeable on her facebook? I very possibly could have misread, but that's what I was referring to.

Great post btw.

 

[Kimberlyd125]

The Supreme Court has ruled in favor of schools obtaining private social network passwords of students? Please provide a link to these cases. TIA!

And interrogating a 12 year old, with LE involved, without a parent's presence or even knowledge.

 

[kgeaux]

And interrogating a 12 year old, with LE involved, without a parent's presence or even knowledge.

The school is saying that a parent was informed and agreed that the school could have the FB password.....then there is the lawsuit that claims the parent did not know! I think this is something we will definitely be hearing more about.

 

[Kimberlyd125]

Well, he said she said then.

Isn't it against the law for a member of LE to question a minor without a parent? That happened at the school right?

 

[daisy7]

The school is saying that a parent was informed and agreed that the school could have the FB password.....then there is the lawsuit that claims the parent did not know! I think this is something we will definitely be hearing more about.

If the school had parental permission, why was LE there?

 

[legalmania]

The Supreme Court has ruled in favor of schools obtaining private social network passwords of students? Please provide a link to these cases. TIA!

Actually let me rephrase that they refused to hear the cases. The issue here is if they violated her first amendment rights and he fourth amendment rights.

http://www.wired.com/threatlevel/2012/01/scotus-student-social-media/

 

[vlpate]

Political? Seems so -

Lawsuit: School administrators force 12 year old to give up her Facebook password

"The case has been brought by the American Civil Liberties Union (ACLU), and comes amid growing concern in the United States about individuals’ ability to keep their email and other online accounts secret from their school, employer and government authorities."

The filing is here: http://dockets.justia.com/docket/minnesota/mndce/0:2012cv00588/124914/

 

[legalmania]

Oh, yes, it is a good thing! I could be stuck thinking my point of view was the ONLY point of view! You make me think beyond my biased opinions, and that can't be anything but good!

It's what I use to do for a living, so I always like to get the facts together and then make a decision.

 

[kgeaux]

Well, he said she said then.

Isn't it against the law for a member of LE to question a minor without a parent? That happened at the school right?

If the school had parental permission, why was LE there?

We are hearing one side of the story at this time. I believe that as the story continues to unfold, we will find that the student's rights have been compromised, BUT I could be wrong. It is certainly within the realm of possibility that the parent did give the school permission to get the girl's password, perhaps not knowing how intense the "interrogation" would be. I don't think that is what happened, but I am admittedly biased against public schools.

And, yep, right now it is "he said, she said."

 

[legalmania]

Wasn't the girl suspended once before for posting something disagreeable on her facebook? I very possibly could have misread, but that's what I was referring to.

Great post btw.

Yes this was actually her third post, the first was in early 2011 where she spoke of the school monitor, (detention) second she wanted to know who the F turned her in,(in school detention and banned from the school ski trip) third a mother turned her in for the girl and her son talking sex on the computer. The third one is where they asked for the password, but the school claims they had permission from a parent.

 

[Kimberlyd125]

I don't understand how a school can give a student detention, prevent her from going on a trip, and demand a password from a child that posted something on her FB.

 

[legalmania]

If the school had parental permission, why was LE there?

It sounds like he/she was already there. Many schools have LE around most of the day to handle fights, drugs, kids skipping school and so on. It sounds like the officer and a counselor were called in as witnesses. Just a guess.