TEEN ALLEGES TEACHER ABUSE.

Byline: Sherry Joe Crosby Daily News Staff Writer

A popular music teacher at the Sherman Oaks Center for Enriched Studies has been reassigned to an administrative post while police and school officials investigate a student's claim that he molested her on a class trip to New York in April.

Also at issue is when school officials learned of the 17-year-old girl's claim and whether they needed to notify police sooner. State law requires they report suspected child abuse within 36 hours.

The alleged incidents involving music director Samuel L. Baltimore occurred while the school's symphonic band was competing in the International Music Festival at the Lincoln Center for Performing Arts in New York from April 23 to April 27.

District officials said the assistant principal and principal became aware by May 13 and May 15 of at least some of what the girl claims occurred. Deborah Leidner, the district cluster leader, said school officials were not aware fully of the claims until May 19.

Police were contacted on May 20, and Superintendent Sid Thompson reassigned Baltimore on Wednesday.

On Friday, Los Angeles police filed an ``annoying-child report'' with the Los Angeles City Attorney's Office, based on a lewd comment Baltimore allegedly made to the girl at school after the New York trip.

Baltimore declined to comment. ``I'm not talking,'' the 48-year-old said when reached by telephone Friday.

Principal Larry Rubin and Vice Principal Elayne Elsky declined to comment.

Brad Sales, spokesman for the Los Angeles Unified School District, said what school officials knew about the allegations and when they knew it is being investigated.

``If it was not reported until a week later, then there is a problem,'' Sales said.

A spokesman for the City Attorney's Office said more information is being sought from police about the girl's claims.

``School officials are required as soon as they become aware of an alleged incident of annoyance - which I understand this to be the case - under the educational and penal codes to report to all offices that are to be notified,'' said spokesman Ted Goldstein. ``Failure to notify (authorities) is punishable as a criminal misdemeanor in and of itself.''

Under state law, any child care custodian, health practitioner or employee of a child protective agency is required to report a suspected child abuse case within 36 hours to a child protective agency.

``When you consider that, and the requirements of the guidelines and measures, and the apparent lack of concern, and the possible attempt to protect one of their own in the face of this very brave young girl, it just doesn't meet those guidelines by a million miles,'' said Fred Bennett, the girl's attorney. ``It doesn't come close to meeting those and it's disconcerting.''

The girl said in an interview that the music teacher pulled her onto his lap, reached between her legs, made lewd comments and drank alcohol during the trip.

She said that April 25, Baltimore pulled her onto his lap after the band's performance.

One 13-year-old band member said he was among several students who heard Baltimore order the girl to sit on his lap.

``We were all sitting around and he told her to come sit his lap,'' the boy said. ``She went over and sat down.''

The boy added, ``He was rubbing her thigh when she was sitting on his legs.''

According to the girl, as the band was leaving the room, Baltimore came up behind her and touched her very low beneath her stomach, into her crotch area.

Later that night, the girl said she confided to a parent chaperone and Dolores Gibbs, a middle school guidance counselor at the school, about Baltimore's behavior.

Gibbs did not return a phone call to her office.

On the plane trip back to Los Angeles, Baltimore reportedly asked the girl, ``When am I going to get my lap dance?'' she said.

The girl said she was frightened, embarrassed and fearful her complaints would cause Baltimore to lose his job so she kept silent and hoped a classmate or adult would inform school officials of what happened.

On May 13, the girl said Elsky called her into her office.

``I didn't want my mom and dad to tell on Mr. Baltimore,'' the girl said. ``It would look like I'm getting Mr. Baltimore into trouble.''

Cluster leader Leidner said the girl failed to tell Elsky of Baltimore's alleged touching her between the legs.

``It took a long time to get to that point,'' Leidner said. ``There was not any indication of any type of possible abuse. The allegations came out slowly.''

Leidner said she didn't learn of the alleged sexual abuse until May 19, when she spoke to the girl's mother.

The next day, Rubin contacted police, but they didn't make a formal report because they said there was insufficient evidence. Police also said they did not pursue the case because some alleged incidents occurred in New York and on the plane, both outside their jurisdiction.

``We felt we should look at it a little deeper and consider the comments,'' said Detective Bill Seeley, of the West Valley Division.

On May 22, Rubin called police again, and they took a statement from the girl. The police reopened their investigation Wednesday after receiving an 11-page typewritten statement from the girl about the alleged sexual abuse.

While school officials investigated the girl's claims, Baltimore remained on campus.

So intimidated was she by Baltimore, the girl said, she dropped her music class and hid in a bathroom for an hour after she spotted him on campus.

``It was like an anxiety attack every time I think about seeing him or see him,'' the girl said. ``I'm scared of Mr. Baltimore. I'm scared to talk to him, I'm scared to see him.''

The girl said she feels betrayed by school officials.

``I thought they would totally support me,'' she said. ``I expected total immediate action. What I got was nothing.''

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PHOTO Samuel L. Baltimore

Transferred during investigation