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kmfelder38
Nov 26, 2007, 08:42 AM
My son was accused of saying sexual comments by two girls. Per my son and 3 other boys he did not say the comments in which the girls are accusing him of. No adults where in the classroom when this took place to verify if the girls where lying. However, my son has been bullied at this school on many occasions and nothing has been done. I want the damaging information removed from his school record. He was also suspended for one day. What type of attorney would handle this matter?

JudyKayTee
Nov 26, 2007, 09:14 AM
my son was accused of saying sexual comments by two girls. per my son and 3 other boys he did not say the comments in which the girls are accusing him of. no adults where in the classroom when this took place to verify if the girls where lying. however, my son has been bullied at this school on many occassions and nothing has been done. i want the damaging information removed from his school record. he was also suspended for one day. what type of attorney would handle this matter?


Someone in general practice - do you know why the school believed the 2 girls if your son and 3 others said he didn't do it?

ballengerb1
Nov 26, 2007, 09:24 AM
KM, you are upset with the school and I can see your point. However, did you know your son's school records for discipline do not follow him? Once he leaves the school via transfer or graduation the records go into long term storage for academic record keeping. Discipline and all other temporary information is short term stored and then destroyed. Save yourself some money and don't hire a lawyer to do what time will eventually do. In my 35 year career I never saw a suspension record expunged unless evidence caused the suspension to be over turned. You would have to prove he wasn't guilty.

JudyKayTee
Nov 26, 2007, 10:55 AM
KM, you are upset with the school and I can see your point. However, did you know your son's school records for discipline do not follow him? Once he leaves the school via transfer or graduation the records go into long term storage for academic record keeping. Discipline and all other temporary information is short term stored and then destroyed. Save yourself some money and don't hire a lawyer to do what time will eventually do. In my 35 year career I never saw a suspension record expunged unless evidence caused the suspension to be over turned. You would have to prove he wasn't guilty.


In my experience if a person transfers the school records transfer with him/her; I have seen records "pulled" when a person attempts to enlist in the Military some years later.

I don't know what year the son is in in school -

kmfelder38
Nov 26, 2007, 11:25 AM
my son was accused of saying sexual comments by two girls. per my son and 3 other boys he did not say the comments in which the girls are accusing him of. no adults where in the classroom when this took place to verify if the girls where lying. however, my son has been bullied at this school on many occassions and nothing has been done. i want the damaging information removed from his school record. he was also suspended for one day. what type of attorney would handle this matter?
If he wants to join Military or CIA or FBI, or become President of United States. This will follow him... He is only in 4th grade. If something else was to occur I am sure this will come up because it is really a bad report. Especially, for a child who has never had any disciplinary actions ever. He has never had a report and it is place in his permanent school file

JudyKayTee
Nov 26, 2007, 11:34 AM
If he wants to join Military or CIA or FBI, or become President of United States. This will follow him...He is only in 4th grade. If something else was to occur I am sure this will come up because it is really a bad report. Especially, for a child who has never had any disciplinary actions ever. He has never had a report and it is place in his permanent school file


The school suspended a fourth grader for sexist - or whatever - comments? And I believe it's in his permanent file. I think I would contact a general practice Attorney, get some advice. You will probably be told to just sit tight but I think you should address it.

Question would be how long your elementary school file would follow you around. I thought we were talking high school.

Was the School Board overreacting or was it that bad? Do they usually jump like this? I would think suspending a 4th grader would make him a hero and now ALL the kids will be making comments!

(I did enjoy the "if he decides to become the President of the US" comment - sometimes you just have to laugh.)

lovemomma
Nov 26, 2007, 04:59 PM
my son was accused of saying sexual comments by two girls. per my son and 3 other boys he did not say the comments in which the girls are accusing him of. no adults where in the classroom when this took place to verify if the girls where lying. however, my son has been bullied at this school on many occassions and nothing has been done. i want the damaging information removed from his school record. he was also suspended for one day. what type of attorney would handle this matter?

I've been there my son is LD,and ED he is in speacle ed classes and that was don't to him and I went to the school and they would not do anything .They let kids pick on him. I asked if he has some other disablity they would not be doing this to him. Anyway he has to spend time in Juvie for a few weeks for sometrhing he did not do and I went to the school board that did not work but keep going higher it will work and ont back down from them that is what they want... :mad:

ballengerb1
Nov 26, 2007, 05:21 PM
Folks, you are confusing two types of school records: permanent records and temporary records. Permannet are kept for approximately 70 years depending on the state. They include grades and attendance, period, nothing else. Temporary records include teacher comments, discipline, athletics. Temps are destroyed after 5 years but are not transferred to another school or agency. There goes another CIA rumor. Anyone who tells you their discipline records followed them later in life is making it all up, probably the reason they got discipline records to start with, couldn't tell the turth.

worthbeads
Nov 26, 2007, 05:52 PM
I really don't think anyone in the real world would care if your son said a naughty word in 4th grade. I doubt he is going to go to a job interview only to be turned away because he called someone a name 10 years ago. Boys will be boys.

As for the girls, if they were lying, no big deal, it will just come back to bite them later in life. They're the ones who are going to get fired for lying, not your son who supposedly said one bad word.

Don't feel your child is alone either. I got accused of saying "you suck" to some girls in 2nd grade. I did say suck, but not that definition of the word, and not even directed at the girls. Although, it's better they thought I said that, because I really said "Scooby-Doo can suck my balls", or something like that. I broke the rules then, but not now,(then again, you couldn't run on the playground at my school; "you might run into somebody" :rolleyes:).

These things are a part of life. Whether he did it or not, you'll probably forget that this even happened a week from now. Everything is going to be okay. :)

P.S. Sorry for rambling, I'm very self-centered.

Fr_Chuck
Nov 26, 2007, 07:04 PM
Yes, if he wants to be president, he needs some early dirt in his school record. And if he goes into something like the CIA or high level in Justice Dept, if they want to find even removed records ( remember if you go to court the court records of remvoing the school records will always be on file also.

Heck when I went to work for the Justice Dept, they sent investigators in person to talk to my high school ( not grade school) teachers, friends I had in high school and college. They knew pick up lines I had used on girls. And if he runs for office, like president, don't worry there will be some school teacher or family of the girls, that will be gald to sell their story to enquirer or some other publication

JudyKayTee
Nov 27, 2007, 06:33 AM
Folks, you are confusing two types of school records: permanent records and temporary records. Permannet are kept for approximately 70 years depending on the state. They include grades and attendance, period, nothing else. Temporary records include teacher comments, discipline, athletics. temps are destroyed after 5 years but are not transfered to another school or agency. There goes another CIA rumor. Anyone who tells you their discipline records followed them later in life is making it all up, probably the reason they got discipline records to start with, couldn't tell the turth.


Perhaps in your State or your experience - some years ago I worked with a Fed Agency that requested security clearances and we went into neighborhoods where people lived as children and asked the neighbors for info. Went into elementary schools and talked to teachers, often looking for info on family and whether the particular candidate had some type of background which would make him/her susceptible to blackmail.

Your "couldn't tell the truth" comment is flippant and incorrect.

ballengerb1
Nov 27, 2007, 09:28 AM
Sorry Judy, I either worded my comment wrong or possible you misunderstood me. My point is that many times people say their school discipline records followed them later in life and this just is not the case. From other posters such as Fr_Chuck you can see one's reputation may follow you but the actual hard copy record was not present. Temporary schoool records are destroyed. People may have interviewed teachers at a school but there were no actual records to view. I apologize for the generalized and inappropriate comment.

JudyKayTee
Nov 27, 2007, 09:48 AM
Sorry Judy, I either worded my comment wrong or possible you misunderstood me. My point is that many times people say their school discipline records followed them later in life and this just is not the case. From other posters such as Fr_Chuck you can see one's reputation may follow you but the actual hard copy record was not present. Temporary schoool records are destroyed. People may have interviewed teachers at a school but there were no actual records to view. I apologize for the generalized and inappropriate comment.


Could you give me a reference site concerning the destruction of temporary school records - I have found teachers comments many years later and would like to know what procedure should have been followed.

lovemomma
Nov 27, 2007, 09:53 AM
After reading someof the post I remembered something that happened tomy kids. If your son has younger brothers and sisters in school than it can make it hard on them if your son get in trouble more . I found that my younger kids were picked on because of there older brother even the one that was LD,and ED learning disabled and emoshonaly desterbed. They allways said he was acting like his brother then I have a 10yrd no and he has been on the AB honor roll and never been in trouble but one day he was sick and he could not play in PE so he played with a boys pocket watch and then they said he was like his brothers and was fallowing them after that mess and he didn't even keep them watch or act lik he was. Well then sense my other kids are in speacle ed and he was not the teacher said well we can give him swat I was like you best send him home and if you touch him we will have a problem... So my point is that it could affect his younger brothers and sisters if you get in a bad school..

ballengerb1
Nov 27, 2007, 09:55 AM
I worked in Illinois for 35 years and know their laws but where do you live? Each state has their own State School Board. When you say teachers comments are you referring to a written record or just a verbal statement? Does this help? Records Destruction Procedures (http://www.whittedclearylaw.com/CM/Publications/Publications119.asp) Tempoary records are kept for 5 years and permanet are 60 years.

JudyKayTee
Nov 27, 2007, 10:16 AM
I worked in Illinois for 35 years and know their laws but where do you live? Each state has their own State School Board. When you say teachers comments are you refering to a written record or just a verbal statement? Does this help? Records Destruction Procedures (http://www.whittedclearylaw.com/CM/Publications/Publications119.asp) Tempoary records are kept for 5 years and permanet are 60 years.


I'm in NY - I find teacher's comments written on school records. Suspensions, that type of thing. I have even found detention notes. Now that so many records are on microfilm, computers, I can only imagine what is stored.

Amazing how it varies from State to State!

I find teachers are more apt to say they do or don't remember a student and otherwise have no comment, sort of like when you verify employment.

ballengerb1
Nov 27, 2007, 11:57 AM
I tried reasearching NY school records and got nowhere fast. IL laws rthe destruction of records but many schools are not following the law 100%, apathy or lack of understanding the law. I served on the County Superintendent inspection team of records and never found a school that had all record laws followed 100%. School Principals just aren't good lawyers, that's why we inspect their records.

JudyKayTee
Nov 27, 2007, 12:09 PM
I tried reasearching NY school records and got nowhere fast. IL laws rthe destruction of records but many schools are not following the law 100%, apathy or lack of understanding the law. I served on the County Superintendent inspection team of records and never found a school that had all record laws followed 100%. School Principals just aren't good lawyers, thats why we inspect their records.


Interesting to know - I'll see what I can find out on this end of things. Now that we're discussing this I wonder if it's even fair to have some suspension when you were 10 or 12 years old following you around for life - ?

worthbeads
Dec 2, 2007, 06:15 PM
I tried reasearching NY school records and got nowhere fast. IL laws rthe destruction of records but many schools are not following the law 100%, apathy or lack of understanding the law. I served on the County Superintendent inspection team of records and never found a school that had all record laws followed 100%. School Principals just aren't good lawyers, thats why we inspect their records.

So you're saying Principals are good, honest, hard-working people, right?