Legal Question in Education Law in California

Can you take leagal action to fire a teacher who descriminates againts students

I had a teacher last year who called my parents on a saterday while softball and percussion practice where taking place because she believed I lied about why I wasn't at softball practice. She asked me (infront of my parents) if I thought she picked on me, and if I like her. She asked me this several times each time pushing me to answer. I finally just told her I didn't like her i didn't see the point in the meeting we where having,and I quit softball. A few days later my friend quiet also, and then another girl a few days later. After all this the teacher told my friends who thought she was the best teache ever that i was trouble and I was just useing them. She told one girl the grade I was getting a D in her class (this being true). I was lucky enough that I had a class with her where she offten picke on me and told me to stay after class so she could ''talk to me''. This whole ordeal has been very imbarassing, and it just horrifies me that this women is teaching. Is there any leagal action I could take here?

I am sorry for my spelling errors.


Asked on 7/27/01, 6:57 am

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Can you take leagal action to fire a teacher who descriminates againts stude

Based on your letter, you are under the age of 18. If this is correct, your parents could take legal action on your behalf, if it is warranted.

Now, a teacher may have a responsibility to parents to make them aware when you are not in a place where she thought you should be. It might have been a breach of her duty if she did not call your parents.

If you really have a problem with this teacher, then talk to your parents and tell them that you want to meet with them, the teacher and the principal of the school to discuss the problem. You can request to be moved to another class or something along that line. Since it is summer now, it could be that you are out of the class already.

Now, the problem could be that she picks you out to talk to after class because she knows that you are capable of better grades than a "D". The reality probably is that you are capable of doing better work, and that you just don't make the effort.

You probably are angry that she is not treating you as an adult. The point is that you are not acting as an adult. Adults do not quit, just because they are unhappy with their boss. The fact that you did not see the point in the meeting does not mean that there wasn't one. Here is my best suggestion for you:

1. Rejoin the softball team (if they will take you).

2. Go to the teacher in question and say that you are sorry that the two of you had a misunderstanding. Notice that I am not saying that you say you were wrong or she was right. Adults work out misunderstandings, they don't blame others.

3. Start applying yourself in school! Nothing shows that you deserve to be treated like an adult like good grades while you are enjoying other worthwhile activities, such as softball.

4. Quit apologizing for your spelling. Learn to spell. I do a number of talks to 8th graders in my city, and I tell them if they would take the time to learn just one new word a day from a dictionary, that within 5 years, they would have a better vocabulary than 90% of the people in the United States.

5. Get an attitude adjustment. The only person who can control the outcome of your life resides in the mirror. In the long term, that is the only person who will care about what you do with your life.

Don't try to use what you thing is the easy way out by using "legal action." Grow up and take charge of your life by being a better person and taking your education seriously.

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Answered on 7/27/01, 4:11 pm


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