Can a public school legally hold your child?

Question

Is there any situation in which a public school can legally keep you from checking your child out of class early?

Answer 1

I was told that once. There was severe weather coming and they were considering extending school hours. I live a couple blocks away and went to pick her up early, before the bad weather got to town. I took my child out anyway. I just informed them that I could either sign her out or simply leave with her as she was my child. They decided to "allow" me access to my own child. I don't know if it was legal or not but the school certainly thought they owned my child and I had no rights on school grounds.

Answer 2

You have the right to remove your child from school at any time as long as you have legal custody of your child. The only exception to this is if the school (the entire school) is in lockdown. Schools go into lockdown when there is a serious situation/threat to the school or students.(ie Someone with a gun, robber, murderer, crazy person, etc.)  During these situations no one enters or leaves a classroom or the school.

Answer 3

There are many situations. You need to show good cause for early removal.

Answer 4

I wouldn't think so, as long as you are on file as a custodial parent. I would be ticked and taking it up with someone's supervisor.

Answer 5

Well, if you don't have proof that you are on the emergency card, they can. There are other situations as well, but none come to mind at the moment.

Answer 6

The only situation I can think of would be where a parent doesn't have the legal right to have the child with him/her in the first place. But that's the only one. They can't stop you from booking appointments or going on vacation or anything like that, so I can't see how they could stop you from checking your child out of class early.

What they CAN do however, is stop you from daily doing it due to truancy laws. Or rather, they could report you for doing it daily, but they can't actually hold your child there.

ADDED: I would discuss the matter with the school board and if no satisfaction there, with the police--not to press charges, necessarily, but to find out the legal information and pass it onto the school. They can discourage you, but I don't see how they can have any legal right to stop a parent from taking their child home early. They could stop a child from leaving on their own if weather was really bad, but with a parent there... No, I can't see how they have the legal right to do it.

Answer 7

As long as you bring ID and are legally the parents then not at all. Most schools just let you take the kid and run. Call your BOE and see what your policy is.

Answer 8

As far as I know they have no right to hold your child. At any time!

That being said I know here they have a  policy here saying you can't check them out like the last 45 minutes.