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Help needed with legal question, Son was coerced into writing false statement at school.
Self | October 28th, 2004 | Self

Posted on 10/28/2004 6:43:59 PM PDT by Sonar5

Hi all,

I need some help and I am fuming about this. Today an incident happened at my son's school that concerns me greatly.

He is in 4th Grade and is age nine. One of his friends brought a small pocket knife to school and allegedly showed it to my son and others at their lunch table. Apparently he did not open the blade, and quickly put it away. No one was threatened. They are all friends in scouts, church, or sports.

One of the other children after lunch, not mine, told a teacher about it. I get a phone call at about 1:15 stating my son was involved in an incident at school. I ask first is he ok, the administrator says yes.

She then explains that my son and others failed to tell an adult or teacher they saw someone else with a knife at school and that she questioned my son. I asked if he was threatened, and she replied no.

She stated the student who brought it would probably be expelled. I thought that was the end of it, since my son didn't bring the knife, no one was threatened, and my son, nor anyone else held it, nor was the blade even shown.

First off, these are 9 year olds. And I'm ok with the kid that told, and whatever happens to the kid that brought it happens. My son didn't feel it was serious.

My concern is the treatment of my son as having done something wrong.

My son got home about 3:40 or so, and I immediately asked him what happened, who was involved, was he threatened, did he or anyone else hold it, etc....

He then told me he was interrogated without my knowledge inside a closed room with only him and the administrator and talked to about what he did wrong by not telling an adult, asked questions, and the administrator was writing down the responses. Two other children who did not say anything were also subjected to this interrogation, seperately.

He and the two others were then pulled out of class before recess and during recess were taken to the office where they, without my knowledge were coerced into writing false statements stating they made bad choices by not telling an adult, and one other example of making a bad choice.

All three were told if they did not bring the form signed by a parent tomorrow, they would miss recess.

So, now my son is made out to have done something wrong. By the way, the administrator signed the form at the top.

My son was never advised of his rights to call us, and have us present, was never advised why he had to write the form, and we were never notified of the form until our son arrived home.

My son is in Scouting and considers a knife a tool, and knows the difference between showing something and getting threatened. He has also been trained in the proper use of a knife, a safety circle, etc... He knew what the student did was wrong, and he knew not to bring those types of items to school.

So what would you do.

We are not signing the form, and I talked to him about his rights, and the fact he did nothing wrong, the student who told did nothing wrong, the only one who did something wrong was the student who brought it, and the way he was treated.

I then went into explaining his rights to him, and about no longer answering any questions without us present.

So put yourself in my shoes, and ask what you would do. I felt the initial incident was no big deal, neither did my son at first. Now I feel my son and we as parents were violated in our rights, as well as our sons.

BTW - I tried calling the administrator who called earlier, and tried to tell her we were not returning the form, and we feel he shouldn't have to miss recess, and be punished, and she replied she didn't like my tone, and then stated the conversation is over, and hung up on me. Nice, huh?

Any help would be appreciated.

Regards, Sonar5


TOPICS:
KEYWORDS: administrator; california; constitution; getagrip; knife; overreactingparent; school; student
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To: Angry Write Mail
Was that what that was? I thought it was the warranty. I threw it away because it was all wet and the ink was running.:')
221 posted on 10/28/2004 9:18:52 PM PDT by CindyDawg
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Comment #222 Removed by Moderator

To: Angry Write Mail
Was that what that was? I thought it was the warranty. I threw it away because it was all wet and the ink was running.:')
223 posted on 10/28/2004 9:19:24 PM PDT by CindyDawg
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Comment #224 Removed by Moderator

To: Sonar5

Home school.


225 posted on 10/28/2004 9:20:07 PM PDT by Experiment 6-2-6 (Meega, Nala Kweesta! Give A+BERT (snakeoil) his name back! Help him, JimRob, you're his only hope...)
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Comment #226 Removed by Moderator

To: HairOfTheDog

I disagree, mostly because the parent does not really know the purpose of the paper the child signed.

I think the parent needs to sit down with the officials and find out the intent. It's one thing if the purpose was to make sure the child understood the rules.

My concern is if the school thought this was a big enough issue to involve the police and child services- then the parents of all children involved, even as witnesses should have been made aware of and allowed to attend any questioning, or signing of any statements. With all the BS rules and laws now, parents have to be careful- some of these things can really get wild.


227 posted on 10/28/2004 9:21:48 PM PDT by Tammy8
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To: Sonar5

Give me the name of the principal and school. I'd like to interview him and skewer him here. Perhaps he needs to feel some heat.


228 posted on 10/28/2004 9:22:29 PM PDT by doug from upland (Michael Moore = a culinary Pinocchio ---- tell a lie, gain a pound.)
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To: Angry Write Mail

Because I told them what I thought of them and a child/student can't do that.


229 posted on 10/28/2004 9:22:29 PM PDT by Netizen
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Comment #230 Removed by Moderator

To: Angry Write Mail; Sonar5
Who snuck a genius in here?

I could give a detailed legal analysis, in addition to providing legal advise as to his options, as well as their consequences.

Unfortunately, I am not licensed to practice in the Great State of California. Thus I am ethically prevented from stating ANY legal suggestions and any causes of action against the school. Not that a jarhead (Sonar5) would either appreciate or completely understand a naval legal beagle.. He would be better served seeking counsel within his jurisdiction.

231 posted on 10/28/2004 9:32:35 PM PDT by Experiment 6-2-6 (Meega, Nala Kweesta! Give A+BERT (snakeoil) his name back! Help him, JimRob, you're his only hope...)
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Comment #232 Removed by Moderator

To: Tammy8
I think the parent needs to sit down with the officials and find out the intent.

Like it or not... it's all the reactions on this thread that make these school resort to things like "zero tolerance" policies. You all want the school to take this really ~nuanced~ view of this situation, read everyone's intent, understand everything I have ever taught my child about knives, politics and oppression and injustice. "but the kid just brought the knife to school, he didn't threaten anyone, he goes to ~church~ and ~boy scouts~ fercryinoutloud, he's not one of them ~bad~ kids...." Unless of course, they're nine and mischievous, or trying to impress each other, or unless the kid keeps getting kicked in the nuts by some mean girl....

NO. Nine year olds shouldn't have knives at school, they decide. Not even the nice church goin' boy scouts of super patriot second amendment quotin' parents. Cut. Dry. No room for nuance.

233 posted on 10/28/2004 9:37:18 PM PDT by HairOfTheDog (<<<loves her hubbit and the horse he rode in on :~D)
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Comment #234 Removed by Moderator

To: Angry Write Mail

Oh no... we wouldn't live there ;~D

We're about 60 miles south, in Olympia area.


235 posted on 10/28/2004 9:43:04 PM PDT by HairOfTheDog (<<<loves her hubbit and the horse he rode in on :~D)
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To: HairOfTheDog
I agree with that up to a point but judgment should play into this. I don't believe a kid that brings a pocket knife to school in his pocket and shows it to his buddies without opening it should be treated like one who gets in a fight on the play ground and pulls a switch blade. They both break the rules and must be punished but make it fit the crime. Cops, social workers?. I think the parent here will view this a little differently after she sleeps on it but It's sad to me what is going to happen to the other nine year old that brought the knife.
236 posted on 10/28/2004 9:46:12 PM PDT by CindyDawg
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Comment #237 Removed by Moderator

To: Angry Write Mail

Raised here, don't know anything different. It's a little bit better the further south you go, imho, with a couple pockets of exceptions. ;~D


238 posted on 10/28/2004 9:51:02 PM PDT by HairOfTheDog (<<<loves her hubbit and the horse he rode in on :~D)
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Comment #239 Removed by Moderator

To: CindyDawg

There wasn't any mention of cops or social workers in this story. You also realize, probably, that "shows it to his buddies without opening it" is the version of the story the kid chose to tell. Fine, but I bet they all wanted to see the knife, not the case.

I know that is sounds nuts to expel the other kid, I wish it was practice to take it away and send him home to his parents with a note too, but look at all the parents here who would likely sue to get the knife back.



240 posted on 10/28/2004 9:58:47 PM PDT by HairOfTheDog (<<<loves her hubbit and the horse he rode in on :~D)
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