Legal Question in Education Law in California

Hi my name is Martha Lopez I am mother of Fabian Garcia. Fabian Garcia attends Vincent Children center, Covina valley school district. I want you to know an incident that happened to my 4 year old son. On Wednesday 12/05/12 at 9:13am. My son Fabian goes the Vincent center for preschool and special speech therapy. He leave the bus stop on Valencia st. At 8:30am to go to school. I received a phone call from Fabian's teacher asking me if I dropped of Fabian to school because he was found by himself outside the locked gate very upset and crying without his back pack. As a mother receiving a phone call like that made my mind race in so many directions, what happened to him? Who hurt him? Who was he with? How long was he alone? Did he walk into the busy streets? Did someone molested him? So many worries came to my head. Wasn't he sopose to be safe in the bus drivers hands or the teacher aids hands? I believe this a failure to supervise situation, very irresponsible. I need to do something about this worry and concern. Is this worth a lawsuit?I need answers and I need them fast. Today is 12/12/12 and still with no answers.

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Asked on 12/12/12, 1:57 pm

1 Answer from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

Yes, this is negligence. Unfortunately, this happens all too frequently. I have handled cases throughout North America where children have been seriously hurt or killed as a result of failures to supervise. Your child doesn't seem to have been hurt, so it appears that the only damages may be your own mental distress. By all means, talk to the principal and superintendant of schools. Show them this email if they aren't convinced that there is a problem.

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Answered on 12/12/12, 2:06 pm


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