Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a situation where my childs public school teacher released

Customer Question
I have a situation where...
I have a situation where my child's public school teacher released a sensitive private school document about me, to my exwife. My exwife then produced/attempted to use this document in our child custody litigation.
What are the legal implications, law violations, code violations? Is this strictly civil or are there criminal violations?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 hours by:
6/1/2009
Lawyer: JB Umphrey, Attorney replied 8 years ago
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
Thank you for using JustAnswer!

What was the document and why do you believe that the teacher could not release it to anyone else?
Ask Your Own Legal Question
Customer reply replied 8 years ago

The document was an email between my son's teacher and the principal. Thus, the document was a private school related communication between employees of the school. The school district has a policy, based in govt code, which prohibits the transmitting of documents by employees to any private party.

In this case, the email, was a reference to a communication between a student and this teacher as to possible misconduct on my part, to that student. The misconduct was established as baseless, but my exwife produced it in a hearing in an attempt to further her child custody case.

Lawyer: JB Umphrey, Attorney replied 8 years ago
Thanky you.

Does your child attend a public or a private school?

What was the school district's response to your complaint?

What are your "injuries" by the release of the document?
Ask Your Own Legal Question
Customer reply replied 8 years ago

My Child attends a public school. The district has not had time to investigate yet.

By the mere creation of the document, and the release of it, shows a unified concerted effort on the part of the staff at the school to show bias to the father-child relationship.

I now feel uncomfortable participating as a classroom parent as I had before, or to participate in field trips with my son's class, as I had done before. Thus, our relationship has been destroyed and cannot be restored at this school.

 

I am not sure if I told you before. There were also letters written by four teachers on behalf of the mother, against the father, for purposes of the child custody litigation. Again, the letters did not contain anything outrageous, one gave an opinion based on mother's perspective, and how the child custody litigation should be awarded---clearly outside her realm. The letters are also against school district policy.

 

Lawyer: JB Umphrey, Attorney replied 8 years ago
Thank you. Can you please include the school district policy which you claim has been violated?

Ask Your Own Legal Question
Customer reply replied 8 years ago
Administration and staff shall maintain the confidentiality of all confidential records until such time as laws, state regulations and/or bylaws of this district permit disclosure. Information and records pertaining to closed sessions, negotiations and student records are not subject to public disclosure under Government Code 6252-6260.

Any employee who willfully releases confidential/privileged information about students, staff or any topic properly confined to a closed session shall be subject to disciplinary action up to and including dismissal from district service. Confidential information includes any information relating to the Board's employer-employee strategies on matters in negotiation or matters to be placed in negotiation.

Any employee who willingly and for monetary gain uses or discloses confidential/privileged information as defined in Government Code 1098 is guilty of a misdemeanor. (Government Code 1098)

Any action by an employee which inadvertently or carelessly results in release of confidential/privileged information shall be recorded, and the record shall be placed in the employee's personnel file. Depending on the circumstances, the Superintendent or designee may deny the employee further access to any privileged information and shall take any steps necessary to prevent any further unauthorized release of such informat

Lawyer: JB Umphrey, Attorney replied 8 years ago
Thank you.

From the facts you've described and the information that you've provided, it does not appear that the teacher disclosed a "confidential" record as described by the school policy.

If the record is not "confidential" there is no policy violation.

Particularly since your child attends a public school, there's a greater presumption that records are PUBLIC unless there is a specific law which says that a specific document is NON-PUBLIC. In your case, I'm not aware of such a law in your circumstances.

It was entirely appropriate for you to share your concern with the school district. It's up to them to see what they're going to do internally. However, based upon the information you've supplied, there does not seem to be a violation of any law.

I wish you the best. I hope that you find this information to be helpful and this answer to be ACCEPTable!
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
JB Umphrey and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Explains legal matters based on 14+ years experience.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My friend accidentally disclosed a verbal confidential info.
My friend accidentally disclosed a verbal confidential info. As soon as realised she gave an apology. 8 months later she has been suspended with a view to dismissal. There was no benefit received or e… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I had a misdemeanor domestic dispute with my daughter in
i had a misdemeanor domestic dispute with my daughter in 2013 in texas. It was plead down to disorderly conduct. I was never informed about not being able to purchase a firearm and was denied shortly after that when I tried to buy a firearm. Will I ever be able to purchase a firearm again. I am seeing some things that say five years to be able to buy. Can you tell me anything? … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I am not sure I understand confidentiality agreements and
I am not sure I understand confidentiality agreements and breach of contract. … read more
Damien Bosco
Damien Bosco
2,990 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I signed a Confidentiality and Non Disclosure Agreement with
I signed a Confidentiality and Non Disclosure Agreement with my current employer a few years ago. Now I want to start my own business within the same industry, also offering products and services in t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I am a litigation secretary at a law firm and started on
I am a litigation secretary at a law firm and started on August 14, 2017 and was told verbally that I would need to go online and enroll in my medical benefits by September 7, 2017. At the end of Augu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
Have a question, an ex employee has obtained confidential
Have a question, an ex employee has obtained confidential financial info about my company and has filed a claim with Cal State labor board based on false claims. What steps should I take to protect myself? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
Re: mediation Does Florida statute on confidentiality of
Re: mediation Does Florida statute on confidentiality of mediation only apply to court ordered or does it apply to pre-suit when no confidentiality agreement is signed. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I was a trustee/defendant in a probate litigation. The
I was a trustee/defendant in a probate litigation. The plaintiff's attorney accused me of staging a burglary. The police in that jurisdiction conducted a thorough investigation and found that the burg… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
Is a confidentiality agreement cover fraudulent activities
is a confidentiality agreement cover fraudulent activities by the person asking for the agreement? This isn't my employer. This is my soon to be ex boyfriends parents who have committed fraud a few ti… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Yea, i was recently asked to be a confidential informant and
Yea, hello i was recently asked to be a confidential informant and i'm not sure what to do... The police said they need an answer today and i haven't had time to talk to a lawyer. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Is this conversation confidential? I have a question
I have a question regarding a sensitive matter. In the past I have enjoyed looking at non sexualized, non nudity pictures of children in diapers online. Is this in itself illegal? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Is it a breach of client confidentiality for the para-legal
Is it a breach of client confidentiality for the para-legal of an ex-lawyer of a person to try to depose a person from a trust by giving up information to the other lawyer on the ? … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
On account of the active litigation between yourself and my
On account of the active litigation between yourself and my client, please stop sending email, faxes, or other correspondence to New York Life employees and agents.It is inappropriate for you to attem… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,195 satisfied customers
If your in litigation with a company and your have an
If your in litigation with a company and your have an employee related to the head of said company.Do you have to sever ties with your employee. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Is this confidential? Then I will ask this question in a
Then I will ask this question in a rather generic fashion. In this situation, a wage discrepancy was brought to the attention of an employer. Within the next week, numerous threats were then made to fire the employee for a variety of unwarranted things. Finally, the employee was accused falsely accused of a horrible offense which never happened and was fired dramatically in the presence of other employees and customers. Was then humiliated. No accusations could be confirmed. The employee feels that he was wrongfully terminated and slandered. What is his recourse. The job was part time and for the summer only so not a lot of money is involved. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Will signing a Confidential Information and Invention
Hello, will signing a Confidential Information and Invention Assignment Agreement bind me to start a contract with a prospective employer?… read more
Michael Gonzalez
Michael Gonzalez
JD
518 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x