My question involves education law in the State of: Missouri
I'm seeking advice on this particular situation. My partner and I live together along with her two boys, age 4 and 7yo. Our 4yo just started pre-school and our 7yo is in second grade, but is autistic. I am their legal guardian, along with their mother obviously.
We recently moved to a new town, and fortunately a spot was available in the public pre-school for our 4 year old, so he was enrolled. However, we are having some serious problems with the school repeatedly calling CPS.
The first call was due to two raw spots on our 4yo's back, just above his butt. We asked him what happened, and he said he had been scratching. This is not unusual as he is allergic to certain fabric detergents, and is fluctuates from time to time so we have to constantly change brands. Also, he had bite mark on his left cheek where his 7yo brother had bitten him while playing 'vampires', as they both told it.
Anyhow, we treated the raw spots and gave him bandages, no problem. Well when our 4yo came home, he complained that his teacher had asked what happened to his cheek, to which he explained that his brother had bitten him. Then though, he said that his teacher had lifted his shirt up, without asking him.
So, the evening of the next day we get a visit from CPS. The CPS worker said that there were no allegations, but they had received a tip that our 4yo had bruises. The worker looked him over, including his back, and noted the raw spots, as well as the bruise on his cheek, but she had little concern as they were both accidental, and our 4yo was able to explain exactly what happened.
The worker left without incident, saying another worker would be in touch with us in a few days. A few days later, our 4yo once again came home complaining that the teacher had lifted his shirt once again without asking him.
We didn't hear anything until the Friday of the next week, when we received a call from the new worker, saying she had interviewed our 4yo and our 7yo at school, but there was no concern on their end. Then, the following Monday night, we received another call from this worker, asking whether or not we would be available Tuesday morning for a meeting. We agreed, and met at 9am the next morning.
The worker explained to us that there was no evidence of abuse, and that she had personally contacted the school and told them this, but the school was not satisfied with her answer, and had threatened to go over her head to her supervisor. She took a quick look around the house, but made no notes or anything. She also gave us some information regarding therapy for our 7yo, but said that we would receive a letter in a few days saying that the investigation was unfounded, because there was literally no evidence.
Well this all seemed fine until yesterday, when our 4yo came home, AGAIN complaining that his teacher had lifted his shirt, and even felt his chest. Now keep in mind, he has excellent communication skills for a 4yo, and does not lie, especially when asked to explain what happened. If he knows what happened, he explains it thoroughly and truthfully.
Now this whole teacher ordeal is deeply concerning, as it is obvious that the teacher is searching for anything to call on again. The fact that she's not content with CPS' findings is even more troublesome, considering she is continuing to push the issue. This morning, we contacted the Superintendent, who refused to talk, and rudely told us to call the school's principal. When we called the principal, we were treated very rudely, and told that they did indeed examine our 4yo with the teacher, the principal, and the nurse present. When we explained that CPS had told us that the situation was out of hand, and unfounded, the principal disagreed and claimed that CPS had told her otherwise, but she did not specify. She also directly accused us of abuse, and threatened that if we were doing anything to our son, we needed to knock if off.
Do we have any legal standing against this kind of harassment? Like I said CPS has said this is bogus, but because it is a school reporting it, the worker claimed they could not do anything against it. Is there anything we can do in this situation?What is the name of your state (only U.S. law)?