BelizeBreeze
Senior Member
Jason,
I'm going to try and be gentle so as not to dampen your enthusiasm. However, if you read the original post again and actually try to understand the law regarding privacy, you'll finally come to the realization that the School Board has no standing in this matter.
Also, the actions of the teacher do not fall under the theory of 'malice' or 'intent' which would be required for any legal action of the parents or minor child to bring against the teacher her/himself.
This was an error in judgement caused by 'mistake' which cause no legally reconpensible damages and therefore holds no legal recourse.
This issue has absolutely nothing to do with privacy inasmuch as the teacher was not, at the time of the incident, an 'agent' of the school but a private individual.
The ONLY controlling theory here would be if the custody order specifically stipulated that the father was NOT to be told anything regarding the child's school performance and/or activities AND that the mother had so informed the school by notice (a copy of the order) or verbally (and be able to prove such).
In fact, the non-custodial parents rights to any and all information pertaining to their child is outlined in the Oklahoma Statutes:
§10-5.2. Certain information and records to be available to both custodial and noncustodial parent.
Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child. For the purpose of this section, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.
Therefore, this is a non-issue.
I'm going to try and be gentle so as not to dampen your enthusiasm. However, if you read the original post again and actually try to understand the law regarding privacy, you'll finally come to the realization that the School Board has no standing in this matter.
Also, the actions of the teacher do not fall under the theory of 'malice' or 'intent' which would be required for any legal action of the parents or minor child to bring against the teacher her/himself.
This was an error in judgement caused by 'mistake' which cause no legally reconpensible damages and therefore holds no legal recourse.
This issue has absolutely nothing to do with privacy inasmuch as the teacher was not, at the time of the incident, an 'agent' of the school but a private individual.
The ONLY controlling theory here would be if the custody order specifically stipulated that the father was NOT to be told anything regarding the child's school performance and/or activities AND that the mother had so informed the school by notice (a copy of the order) or verbally (and be able to prove such).
In fact, the non-custodial parents rights to any and all information pertaining to their child is outlined in the Oklahoma Statutes:
§10-5.2. Certain information and records to be available to both custodial and noncustodial parent.
Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child. For the purpose of this section, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.
Therefore, this is a non-issue.