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Category: Education Law
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My 10 year old special needs child was assaulted at school.

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My 10 year old special needs child was assaulted at school. The principal of the school and a district rep told me they cannot give us the name of the student that attacked her but they would give it to law enforcement if we file a complaint. Is this legal?
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Yes, it is legal. In fact, in many instances they can't legally disclose the name or contact information of students without specific guidance from law enforcement or a court order.

So, for you to obtain a legal right to the personal identity of this person, you'd have to either file a criminal charge against the assaulter or you'd have to file a small claims/civil claim of assault against the person, named as a John Doe in the suit and then you'd have to subpoena the school for the information.

Law enforcement can subpoena for themselves and law enforcement has certain exceptions around the commonly existing privacy laws for student identifying information, so that is why your filing of the criminal complaint allows the disclosure.
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