My Kindergartner was unfairly suspended for a butter knife in California?

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In 2014, my 6 year old kindergartner accidentally brought a blunt butter knife to elementary school with no intention of hurting anyone, but the new Principal suspended him in the most despicable way possible while filing false reports to the police department and CPS as a means of intimidation -and there was nothing we could do about it.

Zero tolerance is what it is: pure liberal stupidity -but threatening to take someone’s child away and branding a kindergartener for life over one’s ego is inexcusable, but it could happen to you too.

Prior to this incident, our youngest son had been there for 2+ years with no incident, his teacher described him as "an angel with no problems whatsoever" in our parent teacher conference right before this happened, our older son was there 4 years going on 5 (also with no incident). Everything was going great with the previous Principal (but he left to work in Beverly Hills).

Why did he have a butter knife in his pocket? That morning, he had a box of Legos and he wanted to open it by himself. I handed him a butter knife and after he opened the box, he put it in his pocket (I didn't know he did that, but he told me later that he wanted to be like me ... I used to carry a small pocket knife daily for tasks around the shop).

He suddenly remembered he had the butter knife in his pocket after getting out of the van during the chaotic morning drop off -but before he could say anything to his mom, she drove off. He didn't know what to do, but leave it in there. During first period another kindergartner saw the handle sticking out of his pocket and told the teacher, she dragged him to the Principal’s office.

I received a call from the School Secretary who informed me that my son had been suspended for bringing a knife to school and was being questioned by the Principal and two Psychologists for almost an hour already and I should get up there as soon as possible. By the time I had arrived, another 15 minutes had passed.

Upon arrival at the school, I noticed that the meeting room door was wide open. I looked in and saw my son wiping tears from his eyes while being aggressively harassed by these group of adults led by the Principal. She instructed the Secretary to shut the door on me, while I stood a few feet from the room. I waited for a few minutes, it didn’t seem right, so I knocked on the door and entered the meeting room.

The Principal was rude and antagonistic. Instead of calmly speaking to me, she escalated the situation. I asked "Don't you think you're blowing things out of proportion? He's a kindergartner. All this over a butter knife?” She ran up to me and aggressively motioned with her hands a large blade and screamed “He had a 6 inch kitchen knife!” inches away from my face.

I replied “Really? Show me the knife then." She again strongly insisted that it was a “6 inch kitchen knife.” I asked to see the knife again, and she exploded into a fit of rage. She pointed at my son, stared straight at him and screamed across the room that she would have him “taken away and put in foster care immediately and I would never see him again unless I left the room!"

I told her I would leave the room if she showed me the knife. She then made a scene, pacing back and forth, yelling "Who has the knife?!! Who has the 6 inch kitchen knife?!!" while pointing at random people. Then she started screaming “Call 911! Call 911! Call 911 now!!!” to the Secretary, who looked confused. I guess the Principal didn't want everyone to see that it was a butter knife -as it would make her choice of actions seem ridiculous.

She demanded that I remain in her office with her while we waited for the police to arrive. I obliged as I had done nothing wrong. After she repeatedly stated that my son had a kitchen knife multiple times, I finally asked "Maybe it was a kitchen knife?" (Although we did not possess a 6 inch kitchen knife in our home). She gave me this odd smile, sat behind her desk, opened the desk drawer and handed me a blunt butter knife. I recognized it immediately -it was the one I handed my son that morning for his Legos.

Two Sheriffs arrived, and she dismissively waved them away with the back of her hand saying "You may go" while seated behind her desk without even making eye contact. On the way out she gloatingly said she “did us a favor” as she could have permanently expelled my 6 year old son, but was only suspending him for two days. Later we discovered that a few hours after we left she pulled his brother out of class (who was 10 at the time) and asked him loaded questions of which the answers were twisted into accusations of child abuse.

During dinner that evening, we were surprised by Child Services knocking on our door, along with 4 police officers. She basically came up with the most vile crap possible to get back at me for telling her she was blowing things out of proportion earlier that day. We complied and invited them in as we had nothing to hide. They aggressively searched our home for anything out of the ordinary, split us up into separate rooms, strip searched the children to look for bruises, and questioned everyone separately.

The next day, we received a suspension letter from the school (which would now be part of our son's permanent educational record). She claimed that our son “deliberately brought a kitchen knife to school to kill people" -which is a damning lie that he would have to carry and apply to college with.

She requested a meeting the following Monday. On the way to the meeting, my wife tried to see our son's Kindergarten teacher as she knew he did not intend to hurt anyone. My wife didn't even get a single word in, as the other Kindergarten teacher told her to leave. She tried again after school, but our son's teacher would literally shun her –she just kept turning her back to her and pretending not to hear her. (I later accidentally ran into this teacher a few months later at our kid's swim school and asked her about her behavior, she said she was instructed to do so by her “boss” -the Principal).

In the meeting, the Principal demanded that we sign a Psychological waiver -which allowed her to do anything she wanted to our son while he was in her school. I refused, we immediately removed both our sons and enrolled them in private schools until the end of the semester at the cost of over $11K for a few months -with much more financial hurt since. There was no way that this school could ever be a safe environment for our children again.

The youngest had it the worst while we waited for the case to close. He went to a Montessori as it was the only private school with space available. It was after a week, when the teacher told us that all he did was stand in the corner all day. I asked her if she could help him do something interesting, she said “This is a Montessori, if he wants to stand in the corner all day, that’s what he’ll do.” I tried showing him some of the activities, such as transferring beans from one jar to another with a spoon, but he’s a smart kid, it didn’t interest him. He would quietly tear up as we walked to class, and there he stood for months until the case was closed and I could do nothing about it. (He used to be the first one ready for school daily, he used to love going to school –and now he had to go through this over a harmless mistake).

Months of stress and sleepless nights passed, as nothing is done quickly in California; but eventually the child services case was closed in our favor and we were deemed innocent. According to the law, I could pick up a copy of the report the Principal filed after the case was closed -prior to closure, I was not allowed to see it. The report was so full of lies: she falsely accused me of punching my children in the face, having a house full of loaded guns that were laying around -although she never asked anyone if there were any firearms in the home. She also said I kicked the meeting room door in and threatened her and her staff with a switchblade knife. She asked me what my occupation was when I was in her office, once she found out I was a knifemaker, she also mislead authorities by stating that my sons stabbed each other with knives I made for them. Everything on the report was completely untrue!

We went to the School Board, who passed us off to the School District, to file a formal complaint. After requesting that I put my complaint in writing and ignoring me for 3 months after I did everything that was asked, my patience was lost and a website dedicated to this whole experience was created and the link was e-mailed to several parents -within minutes, I received a nasty threat that the School District would sue me for slander. I told them once a response was received, the site would be down. I needed closure to move on.

The District quickly responded after the website, and they did the absolute minimum: a few minor words on my son’s record was changed (to make it sound worse) and the children were offered re-enrollment to a different public school in the district. According to the school, only the Principal could change the record, and she did it in the worst way possible.

I also tried hiring a lawyer to fight this. Most attorneys didn’t want to fight with the School District as they had limitless funds and a team of lawyers. Another problem was that the most revealing evidence of her lies was on the police and CPS report, but it could not be used in court as she is a mandated reporter –so she cannot be responsible for what is filed. It’s a loophole that she obviously abused. The attorneys who were semi-interested in helping ended up charging us hundreds of dollars just for advice and they wanted to put my son on the stand … Eventually we gave up, as we all had gone through enough.

I doubt she ever received any formal discipline for her abusive behavior, misuse of authority and public services, as well as filing false official reports. California state employees’ salaries are made public each year and her salary went up from $97K to $106K. (Even higher than the Superintendent who made $87K). It was like nothing had ever happened.

We purchased a house in the city 5 years prior (we chose the city because of the reputation of the school district and the fond memories I had as a child there). It was absolutely disgusting that a proportion of my very high property taxes went into the pockets of these assholes, and since we could no longer happily live in such a toxic environment, I practically gave away our home to the first offer we had.

There was no way that we could trust this city’s public school system ever again and we could not afford the high annual private tuition cost as it was over $50k per year, so we moved east to Riverside county.

The children attended another private school at half the cost, but suddenly towards the end of the year, the Board out of nowhere fired the Head of School and Vice Head of school, then half the teachers left in protest. The move was so that the Board could hire a friend from church with no educational background, he had a degree in Recreation, to lead the school. For us, a sense of community was lost and it was another example of a School Board/ District not doing the right thing. The school’s future financial stability was also in question, as half the students left too.

We withdrew our children and put them in public school temporarily while considering a move to Europe (after a decade of being a parent with 2 children in the US school system, I wasn’t too impressed). The kids in public school were complete thugs: talking about cocaine, meth, bathsalts, other drugs, there were major racial divisions, as well as choking and beating my younger son during recess because he stood too close to the basketball court ... I was at the end of my rope, things had been on a downward spiral for too long, so we moved overseas.

After moving, the new school in Europe offered us a copy of our children's American school records, we accepted as we were interested to see what was in it. These days, school officials in the US can slip confidential files into your child's record (as school records are passed directly from school to school).

There was a secret file on our son, filed by the Principal without our knowledge falsely stating that "he brought a knife to school to kill people” and he had “a father who threatened staff with a switchblade knife" -all of which was completely untrue (yet we cannot fight it or provide our version of events). Apparently, it's linked to his social security number, along with shot records and scores -it seems that the public school system and/ or Common Core are "databasing" and "blacklisting" children. From the records, it looks like in private schools, they’ll just boot your kids, public schools will database them.

This Principal started off in the district as a PE Aide with a crap Liberal Arts degree from Dominguez Hills (which is a joke of an educational institution), she wasn't even initially hired as a teacher, just sat there long enough to get promoted -and couldn’t even write the suspension record without multiple grammatical errors. It seems like they will hire anyone to be a teacher in California. No wonder the level of education has been dropping like crazy over the past few decades.

I wasn't willing to let this unqualified, egomaniacal woman "pipeline to prison" my son for nothing. He's a good kid. They both are -and have had to start over again, and again, and again, and again because of this Principal’s destructive behavior.

In my personal opinion, if you can afford the cost: private, religious or home school are the best choices for educating your child in the US. Otherwise, in the public system, it’s out of your hands, they practically own your kids and can pretty much do whatever they want to them; while you can’t do anything about it -and they will get away with it.

Or one could just develop ADD, be distracted by all the latest nonsense news, gadgets, apps or other forms of bullshit entertainment –and not have to deal with what really is important.

I wonder what’s on TV tonight?

(-Just my 2 cents on life. Be well.)
 
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I have no advice, just anger at what you went through. This is the wrong forum for the kind of language used to describe what I think of this stuff, so I'll just say that I hope it all works out to your satisfaction.
 
All I can say is this is unbelievable to me... It's sad that we have people in charge of educational institutions practically raising our children that are so small minded as to not be able to tell the difference between an honest mistake and a real threat. Just IMO. Not to mention the extreme response - things sure have changed for the worse.
 
Wow. That makes me sad. I can't wrap my head around it. I'd like to think something like that wouldn't happen where I live, but who knows. My first starts kindergarten this fall...
 
Ok, like the previous posters, the way you were treated was outrageous. I am normally not a very litigious person but in this case I would do everything I could to expose this and personally sue the principal and the school district for damages and the $$ you spent on the private schools. Even if the result would most likely not be in my favor. I would also inform every member of the news media and scream this story from the mountain tops until that principal resigns from embarrassment. That is just me however. And I know if you did those things, you will most likely have more personal trouble.
 
You can, and should file civil suit....including pain and suffering, and the cost of putting your kids into private school.

Down here, in my town, there is a kid attending public school at the cost of roughly $110,000 per year to the taxpayers, including me, because he has behavioral issues.

So glad I don't have kids.

Best Regards,

STeven Garsson
 
Yes every parent must be notified !!! What a collection of mentally ill people .I hope you explain all this to your child if he can understand . I wouldn't trust those people that your child's record "won't be looked at " ,it might follow him forever !!
 
That's a terrible situation you're in. I'd be worried that the school has already contacted the other parents with their version of the story, and it's not difficult to imagine how the average parent in California would react to that. I think I would contact the paper sooner rather than later, but I also think it would be wise to consult with your attourney first.
 
wow. yeah, as others have echoed...i'm floored. there is nothing worse than feeling helpless to rectify an obviously unfair situation.

my first thought as i was reading through was to talk to the local newspaper and see what they thought about the whole thing, and if they would maybe do an editorial on it. you already mentioned that you thought of this.

it sounds like you are doing all the right things....everything you can.

thanks for sharing. very frustrating. yup, i'm angry.

Best of luck. I will be eager to see the update in this thread.
 
Just looking for a bit of advice here:

Our 6 year old kindergartner had a blunt butter knife in his pocket at school with no intention of hurting anyone, but the new Principal (who started last fall) suspended him in the most extreme way possible.

You're probably wondering why he had a butter knife in his pocket ... well, he had a box of Legos and he wanted to open it by himself. I handed him a butter knife and after he opened the box, he put it in his pocket (I didn't know he did that, but he told me later that he wanted to be like me ... I carry a small folding knife in my pocket daily). As my wife was dropping him off at school later, he remembered he had the butter knife in his pocket -but before he could say anything to her, she drove off. He didn't know what to do, but leave it in there.

I received a call from the School Secretary who informed me that my son had been suspended and was being questioned by the Principal and two Psychologists for 30 to 40 minutes already and I should get up there as soon as possible. By the time I had arrived, another 15 minutes had passed.

Upon arrival at the school, I noticed that the meeting room door was wide open. The Principal instructed the Secretary to shut the door, while I stood a few feet from the room while she continued her questioning.

I was concerned for my 6 year old child’s emotional well being –as he was alone in front of this group of adults for almost an hour. I knocked on the meeting room door and entered. My son was visibly upset.

The Principal was rude and antagonistic. Instead of calmly speaking to me, she escalated the situation. I told her I knew it was a “butter knife” and requested multiple times to see the actual knife because the whole situation seemed extremely disproportionate. She refused to show me the knife by aggressively motioning with her hands a large blade and repeatedly shouting “He had a 6 inch kitchen knife!” each time I asked to see it.

She pointed at my son and that she would have him “taken away and put in foster care immediately unless I left the room" after I kept insisting to see the knife.

She screamed to the Secretary to call 911, I guess she didn't want everyone to see that it was a butter knife -as it would make her choice of actions seem ridiculous.

She requested that I remain in her office with her while we waited for the police to arrive –just to later tell the two Sheriffs, upon arrival, “Everything is fine, you can go.” They left and no report was taken as there was no reason for one.

The Principal eventually showed me the actual knife when we were alone in her office and she had closed her door. (She gave me the actual knife right before I left with my son).

On the way out she told me she “did us a favor” as she could have expelled our Kindergartner, but was only suspending him for two days.

That evening, Child Services knocked on our door. They said that there had been a report of child abuse and they wanted to come in. We allowed them. They did a thorough search of our home, told our children to strip down (to look for bruises), checked our cabinets for food, inspected our house for smoke detectors, asked us all questions separately -we complied to the fullest extent, they deemed the accusations as untrue and they closed the case. We figured the false reporting was done by the Principal to teach us a lesson not to question her authority.

The next day, we received a suspension letter from the school (which would now be part of our son's permanent record). She claimed in her letter that our son deliberately brought a "kitchen knife" to school to "kill people" (which is completely untrue).

She requested a meeting for the following Monday and on the way to the meeting, my wife tried to see our son's Kindergarten teacher. (She wanted to apologize for the situation and brought a photo of the butter knife for her to verify that it was the actual knife). My wife didn't even get a single word in, as the other Kindergarten teacher told her to leave as she was disrupting class. She tried again after school, but our son's teacher would literally just keep her back turned and pretend not to hear her like she didn't exist.

In the meeting, the Principal requested that we sign a Psychological waiver so her Psychologists could do whatever they wanted to our son, we declined and removed both our sons from the school and put them in Private schools until the end of the semester. Our youngest son had been there for almost two years with no incident, his teacher described him as "an angel with no problems whatsoever" in our parent teacher conference right before this happened, our older son was there almost 4 years (also with no incident).

We went to the School District to file a formal complaint. To date all they did was re-enroll us to a different school in the District. I doubt the Principal received any formal discipline for her destructive behavior, abuse of authority and filing of false reports. We challenged the student record, and the School District has basically stalled us for over 30 days and the semester ends in 8 business days. They just kept scheduling meeting after meeting, and spacing them apart a week at a time. We were promised a decision on Thursday May 22nd, but again, another lie (as no decision was made) and our point of contact (Assistant Superintendent) has left the office for a week.

I also found out that a butter knife is arguably not a "knife" as defined by the California Education Code, Section 48900-48927:

(g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

So technically, the suspension should not have happened in the first place.

I went to the Superintendent's Office on Wednesday May 21st, to see if I could obtain a public record for the Principal -as a parent, I wanted to see what her qualifications were to be in that position. The Executive Secretary first said I couldn't have a copy. I pointed out that the Principal was a State employee, so don't I have a right to it? She then said that I would have to submit a request in writing, adding "it could be denied." She asked me to explain why I wanted it, I told her the basics of the situation and she said "Just walk away. No one reads student records anyway." I asked her "You're telling me that our rights have been violated and to let it go?" She replied "I'm not saying that. Just walk away."

I told her I wanted the record to be either removed completely or corrected to say that my son accidentally brought a butter knife to school and was suspended -that's it. For me, if they did this, it would be proof that the School District does care about doing the right thing. It wasn't acceptable that nothing was being done at all, and it just seemed like the school district was trying to cover things up.

What should I do now? I have a lawyer that's drafting a letter to the Board right now, but I really doubt that they'll give a sh*t as they didn't respond to me.

Thinking about e-mailing every parent in the school and contacting the local papers ... it's shameful that the District won't take responsibility for one of their employee's screw ups and fix things.

I'm only asking for the correction of an inaccurate report -shocking since I'm out of $10K due to having to put our kids in Private schools because of this individual who indirectly forced us to leave based on her not providing a safe educational environment.

I reside in California...my children go to private school...the above story is one of many reasons my wife and I chose that route. With that said I would break out the lawsuit hammer and have at it. Your child has the right to an adult (you) to be present before questioning. Had this been me in your situation you would be seeing me on the evening news...that principal would be unemployed in the least! This type of school official behaviour is absolutely UNACCEPTABLE. I wish you all the best in your pursuits.
 
Before you go taking matters into your own hands you should consult with a civil attorney regarding your options and what actions you should take. You wouldn't want to do something on your own only to discover later that you hurt your own chances in civil court as a result.

Don't just take one attorney's word for it regarding your options. If you don't like the answers you get from one attorney, go ask another. Not all attorney's are equal.

Clearly you and your family have suffered from the authority of people who have been granted some amount of power by society and who chose to abuse that power. Sadly this is not uncommon in our country.

Unfortunately it often requires a lot of time, effort, and sometimes money to seek justice when you have been victimized in such a way. This is often the price we must pay to achieve justice in this country. Good luck to you, I hope it works out in your favor in the end.
 
Zero tolerance policies result in zero intelligence. I'll refrain from saying what I want to about this situation and the state of California in general. As said above, I would be contacting attorneys and finding out what the best course of action is. Your son has a right to have an adult present when being questioned and them not allowing you in the meeting sounds like a lawsuit waiting to happen.
 
wow, incredible but honestly not too surprising for a CA school
I don't have any advice, myself I'd go ballistic
I'm curious what school district you are in?

Leftist state schools think they own your kids and are better parents than you are.

It's for this very reason that both my kids attend private school and it's worth the high cost to me.
Good luck, I'm subscribed to hear your progress
 
I hope more people in this country will begin to wake up. But I doubt it. When a parent is afraid to come between the authorities snd THEIR child there is something wrong. Deadly wrong. I am not implying thst the OP is a wuss or that I "woulda busted in there and told them what is gonna happen".

I dont want to go on a rant so I will just stop now. Hope this post doesn't violate any forum policies. I feel for you and your son. Must have been terrifying. What monsters. Does anyone at that school have a human heart besting in their chest?
 
Send your story to the ACLU. As much as I dislike that group they may be able to provide you with guidence. it seems like your Son's civil rights may have been violated during the questioning without you or a lawyer present. I'm not a lawyer just someone that pays attention to situations like this.
 
You can, and should file civil suit....including pain and suffering, and the cost of putting your kids into private school.
Best Regards,

STeven Garsson

Yes.
This is what I would do.
Hold the bastards accountable. Someone has to.
And money is the only thing they really care about, so hit them there.
 
Definitely consult with an attorney and weigh their advice carefully. We had a nearly identically case in Maryland, a child with a butter knife in school, and ultimately the child came out on top (she was an orphan living in a group home) and the school officials were humiliated in court.
 
Civil suit

do not back down

use this as a lesson to your son

to stand up for what's right
 
Civil suit

do not back down

use this as a lesson to your son

to stand up for what's right

Damn right.
Turn a travesty into an important life lesson.
Something positive could come of it after all.:thumbup:
 
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