Legal Question in Education Law in California

Does a special education teacher at a public school have the right to walk out of a meeting in which the parents of a child are bringing suit against the school? She was subjected to being "observed and evaluated" by the opposing party and the expert psychiatrist wrote a scathing evaluation that is derogatory and shows a total ingnorance of public teaching techniques...Technically it was not in the psychiatrist domain to observe a licensed, professional teacher and criticize her work, This poor teacher has now been asked to do a follow up in which the evaluation is used to prove how inept she is as a teacher and how this is a basis for suing the school. CAN SHE REFUSE TO BE A PART IF THIS MEETING?


Asked on 2/16/12, 7:56 pm

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

If a civil suit has been filed against the school (and the teacher is not a party), then the attorney for the school should ensure that the plaintiff adheres to the proper procedures concerning discovery. It sounds as if this was not a properly scheduled assessment. The school's lawyer should be advising the teacher, if nothing else, to prevent prejudicial admissions by the teacher when she is being "observed." If the teacher is going to be scapegoated, then she needs her own attorney in the event she becomes a party to the suit. I have served for many years as an expert in civil suits involving schools, and I have never been granted this type of access to a teacher. Contact me if you want to discuss this further.

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Answered on 2/16/12, 8:52 pm


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