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What is the name of your state?What is the name of your state? Virginia
I have a simple question regarding the law when it comes to minors. My child is in elementary school. Recently he told us that his teacher has been picking him up by the arms and slamming him down. We took pictures of the bruises and made him an appt for a counselor because he was scared to talk to us. He said he was afraid his teacher would be replaced. The next day, we (parents) went to the school to talk to the principle. She changed his class and informed us she would send the complaint to her boss and that a 3rd party investigator would investigate. We expressed our wishes that he not be questioned by the investigator, or anyone else for that matter, without our prior knowledge and consent until he was able to speak with a counselor. We did not want anyone, not even ourselves, to ask misleading questions and influence what he would tell a counselor. The school office staff and principle agreed. Three days later my son comes home with a business card from an in-school investigator. I asked what they talked about and he said about his teacher and the bruises he left.
When I spoke to the investigator, she said that she has every legal right to speak to all parties involved and any witnesses without prior consent or notice to each child's parents. She also said that she doesn't have the time to speak to every child's parent. I looked through all the codes of conduct listed online at the school's website, the paperwork we signed at the beginning of the school year, as well as the code of conduct booklet that was sent home. Nowhere can I find anything pertaining to the right of the school or student on this matter. So my question is, is there a law that protects a minor from being questioned by a school investigator without prior consent or at least notice to the parent/guardian?
My second question is, what is the state guidelines Children's Protective Services goes by as far as investigating abuse within the school? The investigator told me she is not affiliated with CPS (which is what CPS told me when I called to report the abuse) and that the school legally must report any and all accussations of abuse, whether in the school or at home, to CPS. They never did. She said that CPS has to abide by the state guidelines of what constitutes abuse. Not once did a CPS social worker or representative visit my child or myself like they said they would, so they haven't viewed any evidence.
Third and final question: part A: What is the statute of limitations on a matter such as this? Criminally. part B: What would be more devastating to a school, teacher and board: cival or criminal case.
TIA!
Edited: I wanted to edit to say that I do have an appt. w/an attny on Monday afternoon. I also wanted to say that my son is the second child this has happened to. The attny we made the appt. with is also the attny of the first child. Some of the things the mother of the other child tells me the attny has told her (hearsay I know) doesn't seem to sound right. "This is an open and shut case. The school will not want this to go public so they'll settle immediately." She also said the attny told her he doesn't normally work on contingency but will for this case because he's never seen an easier case against the school? It just sounds fishy. I don't want to walk into the attny's office not knowing anything at all. The teacher remains in the classroom because the superintendent decides when to suspend a staff member.
I have a simple question regarding the law when it comes to minors. My child is in elementary school. Recently he told us that his teacher has been picking him up by the arms and slamming him down. We took pictures of the bruises and made him an appt for a counselor because he was scared to talk to us. He said he was afraid his teacher would be replaced. The next day, we (parents) went to the school to talk to the principle. She changed his class and informed us she would send the complaint to her boss and that a 3rd party investigator would investigate. We expressed our wishes that he not be questioned by the investigator, or anyone else for that matter, without our prior knowledge and consent until he was able to speak with a counselor. We did not want anyone, not even ourselves, to ask misleading questions and influence what he would tell a counselor. The school office staff and principle agreed. Three days later my son comes home with a business card from an in-school investigator. I asked what they talked about and he said about his teacher and the bruises he left.
When I spoke to the investigator, she said that she has every legal right to speak to all parties involved and any witnesses without prior consent or notice to each child's parents. She also said that she doesn't have the time to speak to every child's parent. I looked through all the codes of conduct listed online at the school's website, the paperwork we signed at the beginning of the school year, as well as the code of conduct booklet that was sent home. Nowhere can I find anything pertaining to the right of the school or student on this matter. So my question is, is there a law that protects a minor from being questioned by a school investigator without prior consent or at least notice to the parent/guardian?
My second question is, what is the state guidelines Children's Protective Services goes by as far as investigating abuse within the school? The investigator told me she is not affiliated with CPS (which is what CPS told me when I called to report the abuse) and that the school legally must report any and all accussations of abuse, whether in the school or at home, to CPS. They never did. She said that CPS has to abide by the state guidelines of what constitutes abuse. Not once did a CPS social worker or representative visit my child or myself like they said they would, so they haven't viewed any evidence.
Third and final question: part A: What is the statute of limitations on a matter such as this? Criminally. part B: What would be more devastating to a school, teacher and board: cival or criminal case.
TIA!
Edited: I wanted to edit to say that I do have an appt. w/an attny on Monday afternoon. I also wanted to say that my son is the second child this has happened to. The attny we made the appt. with is also the attny of the first child. Some of the things the mother of the other child tells me the attny has told her (hearsay I know) doesn't seem to sound right. "This is an open and shut case. The school will not want this to go public so they'll settle immediately." She also said the attny told her he doesn't normally work on contingency but will for this case because he's never seen an easier case against the school? It just sounds fishy. I don't want to walk into the attny's office not knowing anything at all. The teacher remains in the classroom because the superintendent decides when to suspend a staff member.
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