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Asked in CA May 19, 2022 ,  0 answers Visitors: 2
Is there a California law/reg/code/statute that addresses a student being interviewed during school hours by school administrative personnel w/o parent notification? In a nut shell, there's an ongoing investigation re my child being sexually assaulted by a teacher during school hours. Administrative personnel (school district law enforcement, personnel and their legal counsel) have numerously (7) pulled my child out of class to interview her w/o a parent present/notified.
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2 Answers

Felicia Curran
Felicia Curran ( Ask a Question )
4
Oakland, California
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Posted on / Jul. 01, 2011 10:22:00

I am sorry to hear what happened to your child. That is truly awful. But, unfortunately, there is no law that requires the school to notify the parent that their child is being interviewed by police or school personnel. The legislature tried to pass such a law but it was vetoed by Governor Schwarznegger.

Tell your child that if she is pulled out of class she should say that she does not want to talk to them without you present. She should refuse to talk until you are present. Put in writing that you do not want your child interviewed without you being present --with copies to the legal division, school superintendent, and principal.

Right now it sounds like only the school district police are involved. Because they work for the school district, they have a conflict of interest in doing a fair, impartial investigation. Call your local police station and report the crime. They will tell you what to do. Call CPS and find out if the school has notified them. They also do their own investigation.

You should contact an attorney in your area who specializes in this type of case. Good luck.

Felicia Curran
Felicia Curran ( Ask a Question )
4
Oakland, California
Agree 0
Reply

Posted on / Jul. 01, 2011 10:22:00

I am sorry to hear what happened to your child. That is truly awful. But, unfortunately, there is no law that requires the school to notify the parent that their child is being interviewed by police or school personnel. The legislature tried to pass such a law but it was vetoed by Governor Schwarznegger.

Tell your child that if she is pulled out of class she should say that she does not want to talk to them without you present. She should refuse to talk until you are present. Put in writing that you do not want your child interviewed without you being present --with copies to the legal division, school superintendent, and principal.

Right now it sounds like only the school district police are involved. Because they work for the school district, they have a conflict of interest in doing a fair, impartial investigation. Call your local police station and report the crime. They will tell you what to do. Call CPS and find out if the school has notified them. They also do their own investigation.

You should contact an attorney in your area who specializes in this type of case. Good luck.

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