HUTTO, Texas — Parents Toya Allen, Tomeka Powell and Melvin Powell are demanding answers from the Hutto Independent School District regarding its notification policy following what they call drastic and unusual disciplinary actions against their two daughters.
The two teenage daughters of Allen and the Powells are being accused of credit card fraud on campus. The allegation resulted in a criminal investigation by campus police, consisting of questioning and fingerprinting the 13-year-old students without the knowledge of their parents.
“My daughter was afraid. She was scared. She honestly thought she was going to jail,” Tomeka Powell said.
According to Allen and the Powells, the alleged incident happened back in January when their daughters had lunch with a group of friends at Hutto Middle School. A meal was purchased via DoorDash on another student’s cellphone. Weeks later, that same student claimed her phone was stolen and the lunch order was purchased without her consent.
The incident led to an in-house investigation at the middle school. Allen and the Powells said that in addition to the fingerprinting, their daughters faced in-school suspension and possible state felony charges.
“When do we start charging 13-year-olds like criminals for ordering French fries?” Tomeka Powell asked.
Allen says she witnessed a recording which shows a group of kids eating lunch that was purchased on the same order. She also stated that a different student picked the order up from the office and delivered it to the school cafeteria.
“The main issue: Why were our girls handpicked out of seven students? That doesn’t sit well,” Allen said.
“The only two African American students involved and you charge them,” Tomeka Powell said.
Claire Carter is a criminal defense attorney who practices education and juvenile law. She says the state laws in Texas do not require school districts to contact parents; however, it is often implied within the school system.
“The school district’s policy in Hutto to the best of my understanding is that the school will notify parents as soon as it’s practical to do so. In this case I believe the girls involved asked for their parents and were denied the opportunity to talk to their parents,” said Carter.
Spectrum News 1 reached out to Hutto ISD about the incident. A spokesperson for the district provided the following statement:
"Hutto ISD follows district policy and state law as outlined in pages 99-101 in the Student/Parent Handbook as to when to notify parents of disciplinary action. When the communication with parents is made depends on the circumstances, the situation, and the status of the investigation.
“In this case, Hutto ISD police spoke with parents of both students when they became suspects and after they were processed.
“The victim reported the offense to the Hutto ISD Police Department and requested formal criminal charges be filed. Hutto ISD police have filed charges with the county attorney’s office against two students for the State Jail Felony of Credit Card Abuse."
According to Allen and the Powells, their daughters offered to pay for their portion of the meal, but were told not to worry about it. They added that the students often ordered group meals and ate lunch together.
“It would have been fair if all of the kids involved were charged. We even offered to speak to the parents involved. The principal refused and the police officer refused to let that happen,” Tomeka Powell said.
Spectrum News 1 will continue to follow this story as it unfolds.