Legal Question in Education Law in California
Spoken Defamation
Our High School Seniors English teacher has accused him of not writing his term paper. She will not accept it and has given him an F for the 2nd quarter. We've had meetings with her,principal and an assistant superintendent of the district. They have all sided together. There are only accusation by this teach that other student/s provided him with this tp or that he got it from the internet. This affects his credits for graduation. Do we have grounds for defamation and punitive damage since they are unable to provide proof and do have his hand written report.
There was also an education code violation that they have swept under the carpet. This ed., code has to do with parents right to obtain copies of child/s work or anything related to his school file.
2 Answers from Attorneys
Re: Spoken Defamation
This is a complicated situation. The state education code does provide some protections for students. However, I would need a much more detailed account of what has occurred. If you would like to discuss this confidentially, please call my office and set up a telephone conference appointment. I would be more than happy to speak with you directly.
Re: Spoken Defamation
It can't be defamation if it's true. That's the first question you have to ask your son. Even if it isn't true, who is going to line up against you and will it be a "he said, she said" kind of case? If it isn't true, the next question would be, what are my damages? They might be difficult to quantify. Defamation actions tend to be notorious losers unless you get a high profile client and a less than lovable defendant. For example, a hollywood actor who is suing a tabloid for lies. Since this all revolves around free speech, which is constantly being litigated, the issues can get pretty complicated.
Will you get punitive damages? No. Schools have immunity that's pretty tough to get around.
Should you have received access to your child's files? Yes. There's a federal law that guaranties access to all records about your child. There are penalties for failure to provide access.
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Resources for teachers I am a special education teacher and a Califonria attorney.... Asked 12/18/00, 11:48 pm in United States California Education Law