Legal Question in Education Law in California

Yesterday on 9/4/14 myself and my sister were issued a 14 day stay away after a volatile confrontation we had with our daughters Kindergarten teacher, Camille Smith. I and my sister have made numerous complaints to the principal, even reached out to the schools Superintendent to get the matter addressed before the blow up. My sister and I had been sitting in our truck parked outside of the school to observe my niece who has ADHD. She has allegedly been running from class, refusing to go to class and allegedly pushed the teacher so we have been going to observe. On 9/4/14, myself and my sister arrived at 11:05 at the gate in front of the school play structure and did not see my niece. After sitting for approximately 5 minutes my niece Jasera Moore emerged with the principal who walked her toward a campus monitor by the name of Ms. Campbell. We observed Ms. Campbell hugging Jasera and patting her on the back because my niece's face was in a distraught state. My sister then proceeded to get out of the car to find out what occurred and see if they needed any help. As my sister entered the campus the principal, Jessica Newburn started to run behind Jasera so she didn't have to speak to my sister. My sister returned to our vehicle and we continued observing. The other students lined up for lunch and we observed my niece running toward the main building. She was out of our view for more than 15 minutes, in the main building so I'm not sure as to what was occurring. My niece then emerged from the main building running toward the cafeteria but a ball bounced toward her, startling her and causing her to run back toward the main building. After about 5 minutes, Lindsey Fuller walked across the yard toward my vehicle and approached my sister and I. They exchanged words regarding Jasera and how the staff was not supporting or helping her get on task. Ms. Fuller threw back at us how it was said after "30 minutes they can contact the parent and myself to come assist". We came out of our vehicle, entered the school and encountered Ms. Fuller, Jasera and Ms. Newburn who started to tell us what happened. My sister and I went into their office to speak about the lack of support for Jasera because she hasn't had an IEP yet. After the meeting Ms. Newburn left to get Jasera lunch because she missed it while they weren't supporting her in the office. Jasera, myself, my sister and a aide for an unrelated student (Ms. Klovis) sat in the office while Jasera ate and walked her back to class. We entered the class with Ms. Klovis and Jasera got seated at a table. I stood by the door speaking to the children as my sister went over to ask Ms. Klovis if she was comfortable with us leaving. While my sister was proceeding toward Ms. Klovis, the teacher, Camille Smith turned to me very angrily asking if I was a volunteer. I told her I was not but that I was there to support Jasera with my sister and she snapped at me saying "I don't want you disrupting the students". I then told her, I didn't know speaking to them was disturbing them and removed myself from the classroom. My sister then approached her but I do not know what was said to her. We proceeded to the office to speak to the principal about the teachers attitude and in my anger I said "I'm going to whoop her ass". No children were present at this time but as I entered the school children were by the water fountain and I did use profanity. We had a meting with the principal who told me that would not be tolerated and then told us she needed time to find out what could be done to the teacher. At 6:00 p.m. Myself and my sister were emailed a letter from their attorney issuing us a 14 day stay away due to the threat and profanity. I feel they placed us in the situation in their negligence to support my niece. I'd like to bring a lawsuit against them for the actions and their untimely handling our numerous complaints leading up to the big blow up.

Asked on 9/05/14, 11:04 pm

1 Answer from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

You are on shaky ground. I don't see you as having any official standing to intervene on behalf of your niece--unless you are the custodial parent.

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Answered on 9/06/14, 7:34 am

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