Legal Question in Education Law in California

Re: Spoken Defamation

This is a complicated situation. The state education code does provide some protections for students. However, I would need a much more detailed account of what has occurred. If you would like to discuss this confidentially, please call my office and set up a telephone conference appointment. I would be more than happy to speak with you directly.

Re: Spoken Defamation

It can't be defamation if it's true. That's the first question you have to ask your son. Even if it isn't true, who is going to line up against you and will it be a "he said, she said" kind of case? If it isn't true, the next question would be, what are my damages? They might be difficult to quantify. Defamation actions tend to be notorious losers unless you get a high profile client and a less than lovable defendant. For example, a hollywood actor who is suing a tabloid for lies. Since this all revolves around free speech, which is constantly being litigated, the issues can get pretty complicated.

Will you get punitive damages? No. Schools have immunity that's pretty tough to get around.

Should you have received access to your child's files? Yes. There's a federal law that guaranties access to all records about your child. There are penalties for failure to provide access.