Legal Question in Education Law in California

I think that my son is a victim of harrassement at school by his teacher. He is in 6th grade and his teacher called him a liar yesterday because she says he did not put his assignment where he said put it. He started to get upset because she did in front of the entire class. He asked her if he could step outside and take a moment to call me (his mom) and she would not allow him to do so. She then began to push him on what was wrong with him and asked if him and his best friend where having problems, he said no, then asked if he was having problems at home, he said no, then asked him if he took his medicine this morning (he is ADHD), he said yes, then she asked him if his parent were fighting, he said no. Then she said well, your family does not have a lot of $ so that must be why your parents are arguing - he then screamed no at her (out of frusteration) and she then told him he needed to take a minute and leave the classroom. While he was out of the classroom, she leaned over to his Best Friend (who was waiting on my son so they could continue their partner project) and told his Best Friend that if he wanted another partner, she would understand because my son is selfish. Now, I have not verified any of this through the teacher. I am so upset that I feel like I would lose my cool with her and have requested a meeting with her and the vice principal of the school. I left two voicemails and sent an email. The VP decided that she would email and said she could schedule a meeting if that is what I wanted but that it did not sound like the teacher's normal behavior and wanted to know if he had issues all year or just now. Anyways, my concern and question is - if the school does not do anything about this situation - is there any legal recourse. My son is 11 years old and I truly feel that she emotionally attacked him. When I picked him up from school, he got in the car and just started crying and shaking. He was up all night throwing up but went to school anyways this morning. Maybe I am a bad Mom for telling him that he has to face his fears but I just did not want him to think it was okay to run away from his problems. Thank you so much for help.


Asked on 5/27/10, 2:29 pm

2 Answers from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Obviously this teacher's conduct is reprehensible, plus it is likely a tort because of the infliction of severe mental distress; the teacher clearly intended to create the emotional upset in your child and was fully aware of the impact her conduct would have on him. The teacher may be liable for defamation because of the comments about you, or for revealing private facts about yourself that she was privy to. (There may be other potential torts that are statuatorily unique in California that I am not aware of at this time.) The principal and VP may also be negligent if they were aware of this teacher's conduct but nothing about it. You may persue a civil action if you would like to. Also, I suggest that you speak to a member of your school board, or better yet put the complaint in writing.

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Answered on 5/27/10, 5:50 pm
James Goff James R. Goff, Attorney at Law

A written complaint requesting an investigation of the teacher's conduct is appropriate. It should initially be directed to the principal and if an inappropriate or unsatisfactory reaction occurs you should forward your complaint to the school superintendent and then to the school board. If your son has an IEP you should request an emergency IEP team meeting to relate the incident and have it documented in the IEP document produced at the meeting. You should also request a 504 meeting based on discrimination arising from your son's disability and the teacher's conduct. Good luck.

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Answered on 5/27/10, 7:26 pm


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