Oakland Parents Want to Be Present if Students Questioned by Police
Oakland parents, students and community members are shocked to find out that there are no provisions requiring Oakland’s law enforcement agencies to notify parents before interrogating students. Oakland parents expect to receive a call when their students are sick or hurt, and we’ve even heard stories of parents getting called when their child forgets their lunch. But surprisingly, public school parents almost never get a call when their child faces being interrogated by the police. No matter the reason, parents say they want to know if their child is being questioned.
Police contact with youth is one of the best predictors of whether a student will fail to finish school, have to repeat a year, or will end up being funneled into the juvenile or criminal justice system. Studies have found that even one arrest can double a student’s chances of dropping out, and in a city like Oakland, where Black youth make up more than 70% of juvenile arrests, it’s no question which group of students are being impacted the most.
California leaders have started to recognize that keeping youth in school, means keeping them out of the criminal justice system and there are many implications that parent notification has in terms of supporting youth against the school-to-prison pipeline. Currently, California officers have no legal duty to contact a parent or guardian upon questioning a minor. According to the Oakland Police Department (OPD), a minor can be arrested and taken into custody for up to six hours before an officer attempts to contact their parents. BOP parent leaders are concerned with this kind of policy because students who are questioned without a parent, guardian or other caring adult present to advocate for them, are subject to having their rights abused or incriminating themselves without even knowing it. The standard reading of Miranda Rights is not enough when dealing with a minor and leaves youth susceptible to admitting guilt, whether or not they are guilty, based on a lack of knowledge of their rights or a fear of getting into trouble.
Through the Bettering Our School System (BOSS) campaign, students, parents and community members are working to pass a Memorandum of Understanding with OPD and an internal policy for the Oakland School Police (OSP) that would limit and clearly define the role of police in our schools, but the community’s demand for parent notification is being met with some tension from law enforcement. The drafting of the policy, however, was initiated by BOP members along with legal partners Public Counsel and ACLU, and originally included the parent notification provisions. Parents and students are calling for OUSD, OPD, and OSP to approve both policies with language that requires parents to be notified when their child is being called in for questioning by police and allowed time to be present with their child during questioning, enabling them to protect their child from having their rights abused.
Other community leaders are taking steps to protect Black and Latino students who are disproportionately arrested and cited on and around their school campuses. San Francisco Unified School District passed a similar MOU with the San Francisco Police Department in February. Allowing time for parents to be present when students are interacting with police could mean the difference between receiving a citation, facing jail time, or staying in school. This small and practical provision could prove extremely meaningful in securing the success of students of color in Oakland.
“Community members and allies have organized for 2 years developing the policies and we are excited that the internal policy is finally ready to be passed. However, we were disappointed when the parent notification language was removed because we believe that this language is critical in protecting the rights of children in Oakland schools.,” says Jackie Byers, Executive Director for BOP.
On Wednesday, May 28, OUSD will vote whether or not to approve the internal policy, accepting or denying the parent notification clause. It’s extremely important that we move our school board members to implement a policy that works for the community and is in the best interest of our young people. You can help us make this change by showing your support at tomorrow’s regularly scheduled school board meeting, starting at 6pm or by sending a letter to the school board member in your district to let them know you stand behind parent notification.