Legal Question in Administrative Law in California

Can a public schoolcounselor talk to my child without my written permission?


Asked on 3/18/11, 1:44 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Absolutely! There is a legal doctrine called "in loco parentis" - legal Latin for "in place of the parent" - under which the school and its teachers and staff are considered to stand in the place of the child's parents while the child is in attendance. This school privilege allows teachers to search students' backpacks for weapons and drugs, for example. It also allows the school to provide medical assistance to a pupil in an emergency. And, it allows the school staff to give counseling and advice, just like a parent. For more information, do a Google search using "in loco parentis" and "school" as the search terms.

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Answered on 3/18/11, 2:23 pm


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