Legal Question in Education Law in California

No, they cannot do this, particularly since your child is a minor and, most importantly, there is a likelihood that not only will there be criminal charges but a civil lawsuit against the district/school/principal/offending teacher. It is a violation of the state bar's code of professional conduct for the district's legal counsel to interview a potential party to a civil suit in the absence of legal counsel being present to represent your child (and you). There is considerable misconduct by a number of individuals. They should know better. As you have sensed, it is inherently unfair for a school to take advantage of its power to preemptively "interview" your child without you being present. You can contact me if you wish. (805) 549=7745. (This event must have happened in the recent past since school has been dismissed for the year.)

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.