Legal Question in Education Law in California
My second grade daughter in a public school was embarrassed when the teacher accused her of kissing a boy and spoke to her (nicely) about why she isn't supposed to do that. The teacher also spoke to the entire class about it, further embarrassing my daughter. My child swears she did not do what she is accused of doing. She did not get in any trouble or suffer any disciplinary action, but she swears she did not do it and has been falsely accused. I met with the teacher, who told her that more than one school employee told her that they saw this happen. I asked who the employees were and she said she can't disclose that information? I say I have a right to know who is saying that my child did this, being as that they are school employees acting within the scope of their employment. Am I wrong or right?
1 Answer from Attorneys
Since your daughter is not facing any discipline I doubt that you are entitled to the employees' identities. On the other hand, I doubt this is confidential information that prohibits the teacher from telling you. Do you really need to launch an investigation over whether your daughter kissed a boy? Why would the teacher and the employees have any reason to make it up?
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