Legal Question in Education Law in California

Counseling an 8 year old at school

In California, The grade school has been sending my 8 year old son to the school counselors office for several weeks now. They have never notified me. I just found out about it today from someone other than the school. Also, after an incident where my son became angry with his teacher and told her he would throw fire crackers in the class room, the police were called and my child interviewed same person told me of this today. Is any of this legal?


Asked on 10/01/07, 8:37 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Counseling an 8 year old at school

Hello!

First, what the school did IS LEGAL. When a parent "hands over" their child to the school, the school stands in "loco parentis" or literally the "shoes of the parent" and the school has "parenting authority" during the school day.

Where a school perceives a danger or other calamity to an child impending, the school can act apropriately.

Should you have been told? Well yes and no. If the school perceives the danger to the child stemming from the child's parent(s), then no! The school is protecting the child in their view.

I suggest that you NOW make an appointment with the school administrator and or counselor, get to the bottom of hteissues and see if the school believes that your child is in need of some further intervention. Maybe there is a misunderstanding, maybe not.

Rather than getting outraged, be concerned and go forward appropriately.

Regards, Mark Mitchell Geyer

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Answered on 10/02/07, 11:56 am


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