Legal Question in Education Law in California

a schools legal responsibility to it students and the parrents

my child was attending yolo high school. durring the day police were called and my child was hand cuffed and placed in the police car,shortly there after was released by the officer while still on school property. my child then left the school and called me to tell me what happened. my child also told me that one of the office personail to leave,just leave. this was just pior to the police showing up. i picked up my child and went to the school an asked where my child was. their anser was that she had been arrested,whitch was not true. my question is does the school have any legal obligations to know where the students are durring school hours and notify the parrents if the student has left or been taken from the school?


Asked on 1/08/08, 8:24 pm

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

Re: a schools legal responsibility to it students and the parrents

Hello and Happy New Year.

If your generic question is "should the school have called you that your child was arrested", then the school has no such obligation.

If your question is do you have any case against the school of misinformation about the arrest, the answer is no. Your daughter was "detained" in the strictest of legal senses and the school is neither a judge or attorney nor can it give legal advice on any subject.

If your child was hurt, or some other calamity occurred while on campus in what would be the course and scope of education, then during those times the school stands in "loco parentis" which is in the shoes of the parent. Your fact pattern is outside the scope of supervision of a student by the school. There is nothing actionable.

The school was sloppy and a poor communicator, but the intevention of law enforcement generally cut off any potential liabilty of the school.

I hope this has been helpful.

Regards,

Mark Geyer

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Answered on 1/09/08, 11:36 am


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