In Loco Parentis
State & Federal Law
State and federal law recognizes that teachers and school administrators have a need to stand in the place of parents over children entrusted to them at school. This is a legal concept called in loco parentis. While this authority is not equal to a parent’s authority over a child, it does permit school personnel to exercise a degree of supervision and control over students while students are on school grounds, Sunrise Academy transportation, or attending a school activity.
Section 1003.31(1) Florida Statutes
Section 1003.31(1), Florida Statutes, also recognizes that students are under the control and direction of the principal or teacher in charge of the school. This authorizes school personnel to search without a warrant based on reasonable suspicion and are not held to the higher standard of “probable cause” by which law enforcement is bound. This concept authorizes school personnel to question a student without providing the student with Miranda warnings or allowing the student to call a parent or attorney.