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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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is it legal for school faculty to be on to be on the phone

This answer was rated:

is it legal for school faculty to be on to be on the phone continuously during hour in which they are to perform their duties, such as the school attedance personal that has the ability to say your child is truant, and has told said i may have made a mistake but you still have to go to court

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

It is not illegal for faculty to be on the phone during the hour in which they are supposed be teaching.

BizAttorney :

It may be against the rules, but not illegal.

BizAttorney :

Truancy will only depend on if the teacher notices the student is absent. That is what the principal will defer to and rely upon.

BizAttorney :

Unless the teacher is intoxicated or in some other way is unable to notice the student is gone. That is really the only defense. Being on the telephone isn't enough.

BizAttorney :

Did you have follow up questions tonight?

Customer:

No, i am set for a pretrial in June but i dont want her to lie on the stand because if she accepts lying and am home giving her, her absentee notice because she will have difficulity apply for colleges due to that being on her record

BizAttorney :

I understand. Is there a way you can settle before she takes the stand? That way she doesn't have to lie and the school can still get what they want.

BizAttorney :

If you have to fight it, then you could always subpoena the phone records of the teacher and show that he/she was on the phone at the time the class started and was unable to know if the student was tardy or not there? It is pretty weak in court though.

Customer:

i have to speak to the assistant DA and he can dismiss it. i'll just start doing my homework

BizAttorney :

The DA's office is usually willing to do a plea bargain as they want their resources focused on more criminal issues.

BizAttorney :

So you have a good shot at settling it before the pretrial.

Customer:

ok, thank you very much in guiding me towards the right way to handle this case, i appreciate you time an effort

BizAttorney :

You are very welcome! I wish you the best of luck! Have a great night and please leave me feedback before you go.

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