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Student Safety in school

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papa241

Guest
If a student leaves home in the morning and does not arrive at school for whatever reason
i.e. abduction, runs away, skipping school, etc. and the school does not call the parents to verify where the student is, and the student is not known to have been in danger until they don't come home after school, is the school responsible? I live in California where the ED code states they encourage the schoole to notify parents on the same day of the absence.
Secondly if a student is killed or injured by other students coming late to school with weapons and the school made no effort to contact the shooters parents (as in Columbine) is the school not responsible?
 


A

Attorney_Replogle

Guest
Let me first state that I just spent some time reading the California Education code. I did not see anywhere therein a requirement or suggestion that the school call or otherwise notify the parents or legal guardian if a child failed to show up for class on any given day. There is a requirement for the school to notify by mail the parents or legal guardian if the child through continued unexcused absences becomes a truant.

Next, with regard to the possible scenario of a child being kidnapped. By law that is a crime. All persons who are not involved in that crime are not responsible for that crime. Nor are they responsible for the consequences of that crime. A consequence of the crime of kidnapping is that the kidnapped child will not attend school that day.

Thus in the case of a kidnapping, what is the school to do? Investigate the abscense of every child that is not a truant? Then when they discover the crime of kidnapping has occurred, notify the parents or legal guardians?

With regard to a child running away, that also is against the law. The primary person responsible for said crime is that child. The next responsible person is that child's parents or legal guardian. This would also apply to a child skipping school, with the exception of the seriousness of it. That is to say, skipping school is not the same as running away, thus it is not a crime per se.

With regard to your last question, I don't see what the relevance is to the alleged shooters coming late to class is. If they shot other students at school, does it matter if the alleged shooters were late to class or on time? Also, if the school saw that a student with a gun was threatening to shoot, or was shooting other students, are you saying that the school should be notifying every child's parents or legal guardian? In the midst of notifying the police, Janet Reno and her storm troopers, the media, the school's own attorneys, the school's insurance carrier, and taking a myriad of steps to protect the other students, the school should also telephone the victims or potential intended victim's parents or legal guardian?

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Mark B. Replogle
 
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papa241

Guest
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Attorney_Replogle:
Let me first state that I just spent some time reading the California Education code. I did not see anywhere therein a requirement or suggestion that the school call or otherwise notify the parents or legal guardian if a child failed to show up for class on any given day. There is a requirement for the school to notify by mail the parents or legal guardian if the child through continued unexcused absences becomes a truant.

Next, with regard to the possible scenario of a child being kidnapped. By law that is a crime. All persons who are not involved in that crime are not responsible for that crime. Nor are they responsible for the consequences of that crime. A consequence of the crime of kidnapping is that the kidnapped child will not attend school that day.

Thus in the case of a kidnapping, what is the school to do? Investigate the abscense of every child that is not a truant? Then when they discover the crime of kidnapping has occurred, notify the parents or legal guardians?

With regard to a child running away, that also is against the law. The primary person responsible for said crime is that child. The next responsible person is that child's parents or legal guardian. This would also apply to a child skipping school, with the exception of the seriousness of it. That is to say, skipping school is not the same as running away, thus it is not a crime per se.

With regard to your last question, I don't see what the relevance is to the alleged shooters coming late to class is. If they shot other students at school, does it matter if the alleged shooters were late to class or on time? Also, if the school saw that a student with a gun was threatening to shoot, or was shooting other students, are you saying that the school should be notifying every child's parents or legal guardian? In the midst of notifying the police, Janet Reno and her storm troopers, the media, the school's own attorneys, the school's insurance carrier, and taking a myriad of steps to protect the other students, the school should also telephone the victims or potential intended victim's parents or legal guardian?

<HR></BLOCKQUOTE>

CALIFORNIA CODES
EDUCATION CODE
SECTION 48340-48341

48340. In enacting this article it is the intent of the Legislature
to encourage school districts and county offices of education
maintaining any classes in kindergarten and grades 1 to 12,
inclusive, to adopt pupil attendance policies based on the active
involvement of parents, pupils, teachers, administrators, other
personnel, and community members which include proposals and
procedures for the following:
(a) Notifying parents of pupil absences, including notification of
parents on the day of each absence.
(b) Increasing parent and pupil awareness of the importance of
regular pupil attendance.
(c) Auditing and accountability of pupil attendance.
(d) Staff development for certificated and classified personnel.
(e) Alternative learning programs designed to respond to the
different ways pupils learn, such as independent study.
(f) Joint efforts between law enforcement and schools, such as
school level attendance review teams and periodic efforts to return
truant pupils to school.


48341. The Superintendent of Public Instruction shall prepare and
disseminate to school districts and county superintendents of schools
information regarding effective practices to improve pupil
attendance.

I am only asking schools to do as most do and contact parents of absent students if the parent has not called in for them.

Regarding Columbine I think if the school had called the parents of the shooters when the school took roll in first period and discovered they were not in class and the parents had not called in to report their absence maybe there plan of violence would have been thwarted? Maybe there would be fewer graves in Littleton today?

When a student K-12 leaves home for school when does the responsibility switch from parent to school. Are students at any age responsible for themselves? If a child is kidnapped on the way to school and the parents don't know their child was kidnapped until they don't come home from school this would seriously hamper law enforcements odds of recovering that child, thus I think the school should share the responsibility for a lax policy and for endangering their students.
If your child did not make it to school would you want to know before they didn't come home from school that afternoon?

 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by papa241:
CALIFORNIA CODES
EDUCATION CODE
SECTION 48340-48341

48340. In enacting this article it is the intent of the Legislature
to encourage school districts and county offices of education
maintaining any classes in kindergarten and grades 1 to 12,
inclusive, to adopt pupil attendance policies based on the active
involvement of parents, pupils, teachers, administrators, other
personnel, and community members which include proposals and
procedures for the following:
(a) Notifying parents of pupil absences, including notification of
parents on the day of each absence.
(b) Increasing parent and pupil awareness of the importance of
regular pupil attendance.
(c) Auditing and accountability of pupil attendance.
(d) Staff development for certificated and classified personnel.
(e) Alternative learning programs designed to respond to the
different ways pupils learn, such as independent study.
(f) Joint efforts between law enforcement and schools, such as
school level attendance review teams and periodic efforts to return
truant pupils to school.


48341. The Superintendent of Public Instruction shall prepare and
disseminate to school districts and county superintendents of schools
information regarding effective practices to improve pupil
attendance.

I am only asking schools to do as most do and contact parents of absent students if the parent has not called in for them.

Regarding Columbine I think if the school had called the parents of the shooters when the school took roll in first period and discovered they were not in class and the parents had not called in to report their absence maybe there plan of violence would have been thwarted? Maybe there would be fewer graves in Littleton today?

When a student K-12 leaves home for school when does the responsibility switch from parent to school. Are students at any age responsible for themselves? If a child is kidnapped on the way to school and the parents don't know their child was kidnapped until they don't come home from school this would seriously hamper law enforcements odds of recovering that child, thus I think the school should share the responsibility for a lax policy and for endangering their students.
If your child did not make it to school would you want to know before they didn't come home from school that afternoon?

<HR></BLOCKQUOTE>

My response:

The laws that you quote are "directory" in nature; i.e., they are not mandatory. School, like any other part of local government, are immune from acts of violence off of their grounds, under the Government Code of California. I do understand your concerns, and can empathize with your feelings. However, to take the theory and law of "In Loco Parentes" to the extreme you envision, would require an inordinate quantity of employees to enforce; telephone callers, guards, etc. Some schools have thousands of students, and on any given day, a large percentage of them miss classes for one reason or another. There aren't enough minutes in a day to make calls to each home, and there aren't enough employees to go out on a "manhunt." The best that most school administrators can do is hope, and pray. Most school districts do not have funding for these safeguards - - heck, they barely have enough money for books and to pay teachers.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
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papa241

Guest
I am in agreement with the fact that schools are truly lacking in funds for many areas.
Although I have been researching this area of Parent Notification since Nov 1998 when I called my school to report my grandaughter would be absent and was told that they prefer I don't call only send a note when she returns to class. In my research I have learned that eleven states require parent notification, California does not, however I am finding that roughly only 30 percent of schools in California don't have such policy in place.
I have found that it can be done for schools up to 500 students with no extra funding and it takes little time if done right and the parents are required to call in i.e. 30 students are absent and 25 parents call-in to the answering machine before 8:00 am and only 5 parents don't call or forget to call-in only those 5 return calls need be made. In larger schools they use administrative software programs to compare absence with roll and generate a call-back list which these calls are made by auto-dialers and real people. I spoke with one person who's daughter's high school has 4300 students and if she forgets to call in for her daughter the school calls her at home or at work within 20 minutes. I have found that the larger schools do have funds available for technology such as this. There is talk by some software providers that they will soon offer the capability to pre-excuse your students on the school's website by using a pin code athentication system. Kind of like the way we can go online and do banking or check credit cards status. We can even call and do this over the phone. Why can't we do this for our students and make them all a little safer? I lost a fourteen year old daughter and if there is any way that we could stop someone else from losing a child it is worth every effort.
 
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lars coltrane

Guest
Saving kids should be a priority of our society. Remember though, that the courts are not supposed to make laws. Laws are made by legislators. Thus, if it is easy to track students and it can work to save lives, write your congressman/women, and then keep writing and get all your friends to write as well.

As for liability, we are talking in theories because none of us know the facts. If there are specific facts, please share them with us.
 
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papa241

Guest
FYI...I have been contacting legislators, schools, child safety organizations, etc. since Nov 1998 and am in hopes that a bill will be written for the next legislative session this coming year in California. I have had a tremendous amount of positive support from many legislators. If this saves "One Child One Time" it is worth the effort
 
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papa241

Guest
regarding the facts concerning my daughters loss, it was settled out of court for a substantial sum, as I'm sure you know that no amount of money ever will or could replace her...

Other facts are that kids do use the time their parents think they are in school to run away, abductors/non-custodial parents use this time to get away, students cut class and commit crime/ use drugs.

115,000 kids are reported missing each year in California, many never come home again.

If you would like information e-mail me and identify yourself and I will provide you with more of the information I have collected. [email protected]
 

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