Legal Question in Education Law in California

Hi, I'm an elementary school teacher in California. Recently I was physically assaulted by one of my 8th grade female students. She grabbed the lower part of my leg while she was sitting down. I emailed the incident to my principal expressing concern about this particular student. He never did anything about it and the student is still in my class. What are my rights? Can I request a transfer of this student to another class or transfer to another school within my district? I really don't feel safe teaching with her in my class.

Thanks


Asked on 12/14/10, 10:56 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

The student who grabbed you committed an assault, and is civilly liable in a tort action. Furthermore, your principal has a duty to protect you. He is now on notice. If any other assaults occur, he too is liable for breaching this duty (as is the school district). If there are prior incidents involving this student and other teachers, then both the principal and school district are currently liable for breaching a duty to warn or protect you since they were aware of this student's misconduct or should have been aware. By all means, if there are prior incidents, the student should be transferred to another school that has the ability to monitor and control her. If a transfer cannot be affected and you are still fearful (an element of assault), then an intra-school transfer to another class is prudent.

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Answered on 12/20/10, 8:47 am


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