Midwest Education Law

Yesterday, in a closely divided 5-4 decision, the United States Supreme Court ruled for the first time that police must take into account a child's age in deciding whether to give a “Miranda warning” advising them of their constitutional rights, including the right to remain silent.  You can find the Court's opinion in J.D.B. v. North Carolina here.Speaking for the majority, Justice Sotomayor stressed that children, particularly in the school setting, “will often feel bound to submit to police questioning when an adult in the same circumstances” would not. The Court noted that a student required by law to attend school, and who is subject to disciplinary action for disobedience, might well believe that he or she must answer all police questions.

The dissenting opinion complained that the Court is abandoning the objective,bright-line rule of Miranda, which is undeniably true.  Yet,because the Court gave virtually no guidance as to at what age Miranda warnings should be given or precisely how an investigating officer should factor in age when making this decision, the practical effect may be that, out of an abundance of caution, law enforcement will give warnings to anyone who doesn’t appear close to eighteen years of age.

Recent changes in the law require school districts in the state of Missouri to develop a policy on the use of seclusion and restraint, as well as other responses to emergency or crisis situations, in which student and/or educator safety is at risk.  Section 160.263, Mo. Rev. Stat., mandates that all school districts must adopt a written, comprehensive policy, covering the spectrum of behavioral interventions ranging from "time-outs" to physical restraint, no later than July 1, 2011.  Last week, the Missouri Department of Elementary and Secondary Education published its Model Policy on Seclusion and Restraint.  The Model Policy should provide a useful starting point, but given that this is an area rife for litigation and the fact Congress is pondering its own restraint/seclusion legislation (House Bill 4247, the "Keeping All Students Safe Act," which is awaiting passage in the Senate), there is as yet no one-size-fits-all solution.