Osceola county in florida.
Can a school make a 11 yr sign a letter with his mom present. If not legal then i'd like to know what i can do about it?
2007-03-15 14:37:31 · 13 answers · asked by Thebronx 5 in Politics & Government ➔ Law & Ethics
Last I looked you cant force someone to make a confession or give evidence against themselves. A public school is still part of the government.
The real issue is, what authority does the school say it has to force a child to sign anything without a parent's consent or knowledge?
I'll agree that children do not have all of the protection and privacy rights that adults have, but that's because they are incapable of consent and are dependent upon their parents to make decisions for them that are in their best interest.
I agree that this scenario does not pass the smell test, unless something is missing.
2007-03-15 15:45:37 · answer #1 · answered by krollohare2 7 · 1⤊ 0⤋
The school can probably force the student to sign a letter or other document. But since the signature is that of a minor the document has no legal force or effect. The single exception is if the minor is signing a contract for "necessary" provision like food for example. But I doubt this is the situation.
2007-03-15 14:42:35 · answer #2 · answered by fredrick z 5 · 0⤊ 0⤋
I don't know what the letter is but if the parent (mom or dad) is there and the parent gives consent then I guess they can. If a parent isn't there or doesn't give consent then I can't imagine they could. I would follow up with a lawyer and find out exactly what you rights are and then take it from there. I do know that a minor can not enter into any legal binding agreement without the consent of a parent or gaurdian.
2007-03-15 14:51:52 · answer #3 · answered by regina g 3 · 1⤊ 0⤋
Without a parent present, the signature is meaningless legally! That does not mean the school won't try to hold it over the kids head. If they do, I would first schedule a meeting with the Principle, and teacher, with a letter of my own, and make them sign it as documentation of the meeting. See how they react to that!!!!!
2007-03-15 14:44:54 · answer #4 · answered by Paully S 4 · 2⤊ 0⤋
I guess what the letter entitled makes a big difference, but for the most part I have to say the parents need to be present or aware. But if it was something like a promise to behave in class, that is already expected upon enrollment so it would be deemed the parents already approved.
2007-03-15 14:42:07 · answer #5 · answered by ThaiGold 3 · 0⤊ 0⤋
Your use of the word "force" is a bit vague. However, I think it is legal to ask a child to sign something that furthers his or her education, such as a pledge to finish all homework assignments and turn them in on time. And, if the child refuses then the parent should be brought into the loop.
It is really a fact specific analysis.
2007-03-15 14:47:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is illegal to FORCE anyone to sign something. It is called coercion.
In the case of a minor, it would not be legally binding anyway.
And what you should do about it is seek the advice of an attorney.
2007-03-15 15:39:59 · answer #7 · answered by Wyoming Rider 6 · 0⤊ 0⤋
I am wondering why you are even asking this. When was the last time you were at a teacher -parent conference? Are you a member of the PTA? Just how involved are you in your child's education? What are his teachers names? Are you just another lazy "want to be" parent who does nothing but criticize the system? Get involved!
2007-03-15 15:20:50 · answer #8 · answered by Don 6 · 0⤊ 0⤋
The letter doesn't have any legal force of any kind since the signer is a minor, so what is it you're worried about?
2007-03-15 14:50:53 · answer #9 · answered by kscottmccormick 6 · 0⤊ 0⤋
No it is not legal, and since the child is a minor, it can't be legally binding to anything anyway.
Minors can't sign legal documents.
2007-03-15 14:41:08 · answer #10 · answered by royalpainshane 3 · 4⤊ 0⤋