Legal Question in Education Law in California

Sorry to hear about this. School is difficult enough without hearing these types of things going on. You have two distinct complaints here which require two answers at minimum, However, as you are a minor, you will need your parent or guardian to act on your behalf, so this information is for your parent or guardian. First, in regard to the rude statements, poor teaching and humiliation of students based on make-up ec... - these appear to be a matter for the school to handle pursuant to the administrative procedures that are in place in your school district. Your parents will have to find out what the procedure is. Most school districts maintain web-sites now with all of the rules and regulations so that is a good place to start. Also become familiar with the California State Education Code also available on-line.In addition, your parent can and should call the school district main office, NOT the school and ask what the procedure is for making a complaint agaisnt a teacher and for a copy of the written rules in this regard. They do not need to tell the details of the complaint at that time, be given your name or the teachers name - just provide general information, such as grade level, school name etc... and that they want the procedures for making a complaint against a teacher for improper conduct in the classroom. If they demand to know what kind of conduct or who the teacher is - I would recommend that the parent inform the school that they are collecting the information for all types of complaints, whatever the conduct may be, against every type of teacher, on duty or off, in addition, obtain any codes of conduct or ethics they are required to follow. In most every instance, they are required to keep information anonymous, including your identity. Have your parent be clear intially at least that thier identification be kept anonymous and not to identify youor your schoolmates. Once you have the information it will be far easier for you to make the proper complaint to the proper parties without any fatal errors.

It is VERY important to follow the ADMINISTRATIVE procedure that the school district follows in regard to teacher complaints prior to doing anything else because if you do not follow the administrative procedure you &/or your parents could loose the right to take any legal action later if necessary. These procedures will be in the school board materials. In most instances, you must make a complaint first to the principal of the school and then to the School Board. You must be totally prepared with the dates and statements made, who they were made to, witnessess and any effects that you are aware of. In this instance, as it appears that this conduct is affecting multiple students AND adults directly, as such, it would be best to have the parents of your classmates convene privately and discuss this matter and put together a joint complaint in written form and follow the procedure as set forth in the school rules. There is greater truth in numbers, so the more instances and parents with students in the school you can find to join this with you the better off you are.

In the second instance, wherein the teacher is allegedly making and has made racist comments, not only to students but to your parent - this is a far more serious charge. It is difficult to tell the best method to handle this without more detail and one must be very careful in what is construed as racist or not. As you are telling me that your parent actually suffered a medical complication due to the statements made, I would suggest that your parent contact the American Civil Liberties Union for advice. Additionally, if racist comments have been made to students, the parents of those students should also do the same. This is a very tricky area of law and to understand whether or not or how this should be pursued would depend on more facts than are available to me. I would suggest your parent consulting the ACLU or a civil ights attorney before doing anthing else. Your parent should pursue this as soon as possible, as it is a very serious allegation and in a different setting than a complaint agasint a teacher based on what you have listed.

Remember, in California, many public school teachers belong to a Union that is very powerful and will defend this teacher to the death if her position or teaching methods are challenged. So your proof must be very clear. If this is a private school, the answer here may be completely different. In either case, you will always run the risk of being viewed as over-reacting or retaliating yourself, especially if you have been in trouble with this teacher or others before. You must be willing to keep your head high and take the risk, always admit to your own shortcomings, and if you truly believe you are not receiving a proper education from this teacher and the methods are abusive and in violation of the standards set for conduct - you move forward. I must assume you have no option to transfer to another class - correct?

In regard to the conduct that may amount to a racist act or hate crime of some sort, that determination can't be made without further investigation of the facts by an attorney that is familiar with the law and the facts in depth. Your parent should seek advice from a civil rights attorney immediately.

You must obtain permission from your parents about this and obtain thier permission before doing anything - and show them this reply, but you may not secretly tape record a person without thier permission-it is illegal. A concealed tape recorder is not the way to proceed. I do not know the subject matter, or if there is a rule regarding this at your school, but students routinely tape record lectures for thier use later on in studying for exams etc... In order to do everything you can to improve your grade and after asking your parents if it is OK, it appears the disruption and hostile atmosphere you have described may be keeping you from fully absorbing and/or remembering the teachings in this class, especially given you have a C+ - a helpful study aide is to record the class for the purpose of reviewing the material later, you bring a recorder to tape the lesson and make sure there is no rule against it - or you have to obtain advance school permission which I would obtain in writing. I would say that you can safely put the recorder on your desk in full view and record the class. Do not try and hide it - set it right on your desk. Make sure and record the whole class every day - do not be selective. I would also record any other class you may have a low grade in. Keep the tapes! If there is a rule that you have to ask permission, even from the teacher - then follow all the rules. Then actually DO re-listen to the tapes. Regardless of all that is gong on, the best response to this other than asserting your legal and administrative rights, is to make the best of it and learn and turn the tables so that your grades and motivation can't be disputed. DO NOT let yourself and your grades be a victim of this circumstance - rise above it and pull out the best grades you can possibly get. Become the model student - which is exactly what I am sure everyone is not expecting of you! Do this for YOU and your future - Monday morning a new you arrives in that class and at that school - do not give that teacher a perfect excuse and/or justification to do anything but treat you and others with respect. And as you are worried about the other teachers as well....DO this in ALL you classes. Make these teachers respect you as a student and as a person they will respect your situation - otherwise, you are correct... they will likely think you unjustly caused trouble. I think you may find that turning the energy you have spent on this teacher's issues would do triple the good if focused ito being a model student - even in THAT class.

As you admitted, you already have a reputation of sorts..... crush it, make it disappear - like I said, think of this Monday as the start of the new you as a serious, courtious respectful, helpful student. After about a week or two of the "new" you - you will be walking on water - I can tell you - your teachers WILL notice and they DO talk. Can you do that?

Just remember, this advice is for your parent or guardian to act on your behalf. You do have rights of your own as a person and a student though. Based on what you read in the school regulations and in consultation with your parents, you will know what these rights are and in consultation with you parents you can determine how to proceed.

Good luck with this and remember your education is the important thing and it should not be impaired by an ineffective teacher if in fact that is what is happening. You will always run the risk of retaliation when you shake things up - the risk of not learning what you need to learn though due to a perceived or actual hostile environment is greater though. In that regard, keep your cool, follow all the rules, consult with and get your parents permission AND let the school or school board officials know that you are afraid of retailation prior to submitting anything and be sure to memorialize why for your record.