Court says age must be considered in interrogation
Court Alerts
The Supreme Court says courts must consider age when examining whether a child is in custody and must be given Miranda rights.
The high court on Thursday ruled that police and school officials were wrong when they interviewed a 13-year-old special education student about a string of break-ins in Chapel Hill, N.C.
The interview took place in a closed room at his school. The boy was never read his Miranda rights, and his lawyer challenged the use of his confession.
The North Carolina Supreme Court refused to throw out the confession and said courts cannot look at age when examining whether the boy thought he could leave.
But the U.S. Supreme Court said in a 5-4 vote that courts have to consider how old the child was during the interrogation.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.