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Dwayne B.
Dwayne B., Attorney
Category: Education Law
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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I have a question about penal code 626.4

Customer Question

I have a question about penal code 626.4
Submitted: 2 years ago.
Category: Education Law
Expert:  Zoey, JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
What is your question? Use the reply tab below to respond.
Customer: replied 2 years ago.
Hello Zoey,I am a parent of a son in California who has a learning disability. Over the course of this school year I have expressed my concerns of his mistreatment to the principal have disagreed with some of their decisions regarding his education. All of which was done in appropriate ways. Unfortunately, they have used or taken my concern and my advocating for my son's treatment and education as "disrespect and disruption of orderly operation of the school" On April 30th 2015 I received a letter stating the the school and district has "withdrawn consent to enter his school and all district property." In the letter they cite penal codes 626.4 & 626.7. As outrageous and unfounded as this may be I want to make sure I do not put myself in a bad position legally and want to make sure I follow state law. From what I can gather 626.4 provides that in "no case shall consent be withdrawn for longer then 14 days" Is this correct? Does the withdrawal of consent automatically expire after 14 days? They do not state a time period in their letter to me.As of now it has been 17 day since consent was withdrawn. I coach my son's Little League team which plays it games on district property. If I attend the game would I be in violation of 626.4 and could I be arrested? I know these are multiple questions but any guidance on this difficult matter would be greatly appreciated. Thanks a lot.Scott StokesMountain View Construction, Inc.
710 S. Myrtle Ave.
Monrovia, CA 91016(###) ###-####**@******.***
Expert:  Zoey, JD replied 2 years ago.
Thanks for the detailed explanation. I am going to opt out of this question and send it to Education Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Unfortunately, while 626.4 does have a 14 day expiration term 626.7 does not. The language of 626.7 is a little vague in that it only appears to apply to a warning given once you enter a school grounds and doesn't appear to apply to a "preemptive warning" my best guess (based on a lot of experience with the police and with schools and school districts) is that the police wouldn't distinguish between the two and would arrest you based on the wording of it even if they acknowledged that 626.4 no longer applied.
I am also a little concerned in that the language of 626.4 states that " In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn" it also has language regarding a hearing, etc. which, when read, makes it appear that the hearing could take place outside the 14 day window.
So, in short, I don't think you would be likely to be arrested for violating 626.4 but it is possible but it is much more likely you would be arrested for violating 626.7. Ultimately, I think you would win in either case unless the administrator or school official told you to leave and you refused.
You may want to hire a lawyer to send them a letter since this is pretty obviously a violation of a number of your rights including the right to advocate for your son's best educational interests If you were doing it at a game that would be a different matter but they can't punish you by preventing you from visiting a game because you advocated for his rights at, for example, a parent teacher meeting.

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