Legal Question in Civil Rights Law in Nebraska

Re: student rights

No child should be subjected to questioning by any adult without a parent or guardian present. To do so is probably a violation of that child's rights, and is certainly very poor policy.

The matter should be taken up with the school board. There should be strict written policies in place forbiding such practices.

No adult who is not a school official should ever be permitted to question any child without the parent's presence.

Re: student rights

Merely meeting with another adult who is not part of the school staff is not a violation of the child's rights, so long as a certified staff member is present. However, when the meeting turns into questioning and is directed not by a staff member but an adult not associated with the school, this is clearly poor educational practice. Unless the other parent is a law enforcement officer, or some other government agent, classic constitutional rights cases concerning questioning won't apply. You don't mention whether the children were searched, and so I assume they were not. The same analysis applies to searches as to questioning.

More information is needed to determine whether there has been a constitutional rights violation. Is the school a public school or a private one? What was the subject of the questioning? Did the parent of the bully have some other legal justification in questioning the children- for example, are they associated with the school district, law enforcement, child protective services, etc? Were the children upset intentionally, because of a malicious intent on the part of the parent?

It is possible that this is more of an educational malpractice case than a civil rights case. Consult with a local attorney who can examine this in more detail, and I echo the advice of Mr. Aspinwall, make sure that the school board or superintentdent know of your concerns about this event.