Legal Question in Civil Rights Law in California

minor's rights

My 14 yr. old daughter (9th grade) was with a group of kids near a local middle school but not on campus. A middle school parent passing by took a photo of my kid holding a cigarette. That parent gave it to a teacher, who forwarded the pic to my kid's school. They put it in her file and won't give it to us. Has my child's rights been violated?


Asked on 5/23/07, 3:49 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: minor's rights

What right of your daughter's do you feel was violated? The right to give herself cancer? I'm not aware that the original photographer did anything wrong by taking a picture of your daughter while both she and the photographer were in public. I'm not aware that either the photog or the teacher violated her privacy rights by disseminating a photo of her smoking a cigarette in a public place. I suppose if you feel you need to have a copy of the picture, you can write a letter requesting it, and in my opinion they would be legally required to give you a copy under the California Public Records Act or whatever section of the Education Code gives you, as a parent, the right of access to school records.

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Answered on 5/23/07, 4:13 pm


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