Conviction on Failure to Report Teacher’s Child Abuse Voided

An appeals court has overturned the conviction of Los Angeles Unified School District administrator Stuart N. Bernstein for failing to follow proper child-abuse reporting procedures.

The appellate department of Los Angeles Superior Court held Tuesday that Bernstein followed the law in December, 1984, when he informed school police--rather than the city Police Department--of allegations that teacher Terry E. Bartholome was molesting third-graders at 68th Street School in South-Central Los Angeles.

Bernstein, 50, was convicted in July, 1986, of one count of violating the reporting law and was sentenced to two years’ probation and ordered to perform 400 hours of community service. An earlier trial ended in a hung jury.

Bartholome was sentenced in September, 1986, to 44 years in prison after he was convicted of 19 felonies and 11 misdemeanors.

A rising star in the school district who had attained the position of region administrator, Bernstein was demoted to director of instruction after his conviction and went on unpaid personal leave last July.

James C. Chalfant, the attorney who handled Bernstein’s appeal, described his client as jubilant but said he would have no comment until the city attorney’s office decides whether to seek a rehearing from the appellate department or a review by the Court of Appeal.

Deputy City Atty. William N. Sterling said Wednesday that while Bernstein cannot be retried on the misdemeanor charge, the case is still being evaluated and no decision has been made on whether to pursue it.

Under a 1981 law, school and child-care custodians are required to report “reasonable suspicion” of child abuse immediately to a “child protective agency” and to follow up in writing within 36 hours.

Bernstein was accused of waiting from Nov. 30, 1984, until Dec. 17, 1984, to report complaints about Bartholome, and of turning to the wrong agency--the school police--when he did take action.

Prosecutors argued that the reporting law is designed to prevent school districts from covering up allegations of abuse by keeping them in-house. Juries in both trials were told that the Los Angeles School District Police Department is not a child protective agency.

Judge Erred

In Tuesday’s ruling, Superior Court Judges James N. Reese and Barnett M. Cooperman said Municipal Judge Sidney A. Cherniss erred when he gave that instruction.

“School Police Department officers have full police powers in connection with school district property and its employees,” the judges wrote. “ . . . The officers conduct interviews, file reports and make arrests like any other peace officer.”

The third member of the panel, Superior Court Judge Abby Soven, concurred with the results of the opinion but disagreed with the ruling on the school police.

“Nothing in the Child Abuse Reporting Act suggests that reports of child abuse occurring in schools can be kept ‘in-house’ by the simple expedient of reporting the suspected instance to the school police department,” Soven wrote.

Soven concluded, however, that since school police did alert the Los Angeles Police Department to the allegations, there was insufficient evidence to show that Bernstein failed to comply with the reporting requirements.

“Nothing in the Child Abuse Reporting Act compels the person who has a duty to report to personally place a telephone call,” the judge said.

Private Sector

Attorney Chalfant said Bernstein, a 27-year veteran of the district, took an undisclosed job in the private sector because of his demotion.

“He was in a situation where he was reporting to people who had been junior to him for many years,” the lawyer said.

To fulfill his community service requirement, Bernstein has lectured to “thousands of teachers” about child-abuse reporting, Chalfant said, adding: “Obviously, he doesn’t have to continue to do that.”

Chalfant said his client hopes to win his job back as a result of the appellate ruling.

“My understanding is that (the school board) is not required to reinstate him, but we think they certainly should,” he said.

School district spokesman Bill Rivera expressed pleasure with the ruling and said board members will review it.

“The decision reinforces the district’s position, which all along has been that we are a Police Department and child protective agency,” Rivera said.