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My child is under 18 and is being bullied by other teenage…

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my child is under 18...
my child is under 18 and is being bullied by other teenage girls and is being accused of several things that she either did not do or that are damaging to her reputation. Doesn't the private school have the responsibility to contact us as the parents and legal guardians of our daughter in advance of calling her into their offices. in other words, what are ours and our daughters legal rights? in short, shouldn't the school be required to talk to us first?
Submitted: 3 years ago.Category: Education Law
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Answered in 1 minute by:
6/3/2015
Education lawyer: Ely, Attorney replied 3 years ago
Ely
Ely, Attorney
Category: Education Law
Satisfied Customers: 103,582
Experience: Attorney in general practice,
Verified
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Is this bullying going on only at school, or also outside of school, such as on social media?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Education lawyer: Ely, Attorney replied 3 years ago
Hello,
You haven't replied to my information request, so I will answer based on the information you had provided in the original answer, as I do have to log off in a bit.
in short, shouldn't the school be required to talk to us first?
No, they do not.
The school has the power of in loco parentis, meaning "in place of parent." This means the school can discipline students, resolve issues such as fights, etc, and do so without first involving parents:
"The school stands in loco parentis and shares, in matters of school discipline, the parent's right to use moderate force to obtain obedience (43 A.L.R.2d 473; 79 C.J.S. Schools and School Districts § 493; People v. Curtiss, 116 Cal.App. Supp. 771, 775, 330 P. 801)." Mercer v. State, 450 SW 2d 715 - Tex: Court of Civil Appeals, 3rd Dist. 1970.
The school does not have to call the parents when the students are bullying someone and can intervene and discipline as it sees fit.
Of course, know that the student can sue (or rather, can have her parents sue) the bullying students in civil court. Let me know if you need more information about this.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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