Parents As Politicians: How To Effectively Communicate With Your School

By Michelle Ball, California Education Attorney for Students since 1995

Communication is such an important factor in life and can be the reason endeavors succeed or fail.  It is no less important in the school setting.  However, time and again I find myself with a new family in my office which has hit a barrier in communicating with their child's school.  Perhaps the administration has stopped responding to them or does not seem to take action on their complaints.  Maybe they are unable to persuade staff that some issue exists.  

Communication in the school setting can be unique.  Yes there are straightforward school staffs who work with parents and life is good, but often this is not the case.  Administrators are nervous about committing to anything, admitting anything, or making firm and final decisions.  They also can be arrogant and treat parents like the children they supervise.  

So, when parents communicate to school personnel in the way they talk to friends, family and "normal" people in life, they may get nowhere.  This is because schools are unique entities.  They are the government, first and foremost, and are not private businesses.  This means they don't always have the direct accountability an employee would, for example, in a retail establishment.  Schools also are permeated by many hidden factors which influence them: long-established routines, personnel who have been around longer than some administrators, teacher tenure making it difficult to have even troublesome teachers removed, teacher's unions, the California and United States Departments of Education which police (or don't police) them, their Board of Education which is a group of citizens with varying education levels, the media, attorneys, and on and on.  There is also often no clear "boss" or supervising entity overseeing the school district. 

This has resulted in  parents with complaints, needs and issues oftentimes being ignored, dismissed or minimized.  Or, a parent may find THEY or their child improperly become a target after a complaint is lodged by them.

It can be extremely frustrating.  As such, I frequently find myself telling parents that they need to "act like politicians" when dealing with the school; that when they enter the school environment, they have entered the political sphere.  

What?  This is school, not politics!  Not so.  Have you ever met with a senator or city council member and come away from the meeting not knowing what was said or what was agreed to?  Feeling you were heard and feeling better, but later realizing you don't know the result of your communication or what will be done? Sound familiar?  Schools are often the same way.  Politicians usually want you happy, want your vote, but don't necessarily take action on your individual complaint.  

Parents may also encounter the other type of politician: the one who completely dismisses their valid complaints as beneath the school official.  This person may seem similar in attitude to a "king or queen," who is unable to be challenged, and who views any parent, student or non-school employee as beneath them. Parents can actually feel like they are being treated like a child when approaching this person.  Such encounters can send some parents back to being 8 years old and in the Principal's office themselves.  It is not the way we, as adults, are used to being addressed.  

Whatever attitude you get, it can be completely frustrating.  

Fortunately, assisting students as an attorney rather than as a parent, I don't often have to deal with the things parents may face on a daily basis.  However, I have heard enough to know how the schools tend to work when parents are on their own. 

As such, here is an important lesson for parents to learn:  WHEN DEALING WITH SCHOOLS YOU ARE IN A POLITICAL ENVIRONMENT.  YOU MUST BE FRIENDLY BUT FIRM AND CAN ONLY DEFEAT THE POLITICIAN WITH FACTS, PROOF, EVIDENCE, AND PERHAPS A BIGGER STICK THEN THEIRS.  

It is simple and is important.  Be a parent in the school system; be a politician. Bet you did not know you had applied and been accepted for such a difficult job.  As if raising kids were not hard enough!?

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Education After Expulsion: Are Student's Still Allowed To Go To School?

By Michelle Ball, California Education Attorney for Students since 1995

Expulsion from school can be devastating for students.  The expelled child may not be able to return to a regular school, is denied access to district or school activities, and are unsure how they will be educated during the term of the expulsion.  Many parents believe that once expelled, their child will be stuck at home twiddling their thumbs.  Not necessarily so.

Per California Education Code §48916.1, students who are expelled, although not entitled to attend their "typical" or "regular" school, remain entitled to an education:

"At the time an expulsion...is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion."

The program to be provided, however, cannot be located at the school where the student previously attended and may not even be located in the student's home district.  Rather, the program can be run by the district from which the student was expelled, the county department of education, or a "consortium" of districts.  

The typical placement when a student is fully expelled is a continuation school, which many families find less than desirable.  If a student receives a form of "lesser" expulsion, such as a "suspended expulsion" (expulsion imposed but "suspended" similar to a probation) other options may be available, such as independent study, attendance at another regular site in the district, and sometimes the school where the student was attending.  Most students who receive a full expulsion are shuffled to a continuation school unless another agreement is struck, usually prior to the expulsion hearing.

The likeliest time to negotiate a positive placement is BEFORE the expulsion hearing.  Many parents do not realize this and think that the panel or board of education will understand them and their student's plight.  Many end up at my office after the expulsion hearing has already occurred, when less options for resolution exist.

In most cases, the placement imposed during expulsion (e.g. continuation school) is not a mandatory placement, and a parent can put a student in a charter or home school program (if they gain admission).  Parents can also petition other school districts for entrance, but it can take a lot of shopping around to gain admission and chances of entry during expulsion may be slim.

Regardless, even though unsavory, a student is still entitled to an education if expelled, just not in the traditional environment.

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

School Discipline For Harassing A Witness In A School Matter

By Michelle Ball, California Education Attorney for Students since 1995

Can a student say what they want about witnesses who report a problem at school?  What about statements which may intimidate that student: comments such as "nark," "snitch," or other modern equivalent?   Intimidating a witness is strictly prohibited and could result in suspension or expulsion for the student uttering such statements.

Per Education Code section 48900(o) witnesses to a school discipline matter who come forward cannot be threatened, harassed, or intimidated because they are, or were, witnesses.  Specifically, this section states that a student can be suspended or expelled if a pupil:

Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

This can lead to a tricky situation if a student is trying to gather evidence to defend himself in a pending expulsion matter.  For, what if they call a friend who was a "witness" against them to ask about their testimony, or question that person on what they saw (e.g. for their defense)?  How may this be perceived?  Chances are the "witness" may feel pressured, upset, or even threatened merely by a phone call from someone they "told" on.  As such, contacting witnesses is a dangerous activity for an accused student.  

To complicate matters, often the identity of the complaining witnesses are not disclosed to the accused student, so when they think they are calling a "friend" for help, they may actually be calling a witness in the matter against them without knowing it!

Tricky.

If a student breaches §48900(o) or is even perceived as having breached it via contact with a witness, they may be charged under this section with a violation and disciplined.

What if students not accused of a wrong go on social media (Twitter, Facebook, etc.), or just talk amongst themselves, about how "bad" another student who "told" is and/or make threats to beat them up?  This could land the students talking in hot water with the school or other authorities.  See the recent reports of arrests of students threatening a rape victim in Ohio when their rapist friends were convicted.

The bottom line is that if someone provides information to the school administration or others about a discipline matter, they are not to be threatened or intimidated.  However, what is a "threat" or "intimidating" is sometimes a vague matter at best.  Tread lightly!

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

Please see my full disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

How To Qualify For A 504 Plan In School: The First Two Questions To Ask

By Michelle Ball, California Education Attorney for Students since 1995

Section 504 of the Rehabilitation Act of 1973 (aka "Section 504") is an extremely important law for disabled students.  Having a 504 Plan means a student can receive many accommodations, and even services, to assist them in accessing their school and the curriculum.  But, how do you know if your child may qualify?

The first step to qualify for a 504 Plan involves evaluating whether a student has a "physical or mental impairment."  This alone will not qualify a student, but it is the first question to ask.

Per 42 USC (United States Code) §12102 (1)(A), qualifying physical or mental impairments are described as:

(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito‑urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

However, if a student has a qualifying physical or mental impairment, that does not automatically mean the student qualifies for a 504.  The disability also has to substantially limit a major life activity, a concept defined in 42 USC §12102 (2) as: 

(A)... major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) ... a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Although this blog cannot address these matters in depth, the first two questions usually are:

1)  Does the student have a physical or mental impairment?
2)  Does this substantially limit a major life activity?

If so, parents can request a 504 evaluation and that a 504 Plan be implemented.

A parent's battle often is in getting the school to see that a student qualifies for a 504 and then to get it written appropriately.  It is well worth the battle as 504 Plans can be key in closing gaps for a disabled student to access their education.

If your son or daughter has a disabling condition as described above, you may want to explore 504 Plans and the benefits they can provide to students.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

Please see my full disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Recent Parent Comments Regarding Michelle Ball And Successful Resolutions Of School Matters

By Michelle Ball, California Education Attorney for Students since 1995

Occasionally my clients take their very valuable time and write what we call "Success Stories."  These are little descriptions or comments about their education matter and my involvement.  I have recently been blessed with several coming in all at once and wanted to simply pass them on: two on expulsions and two on transfers.  It has been my pleasure to be involved in these matters and to help the students involved!

"I would highly recommend Michelle Ball for cases involving education!  My child was expelled for bringing a small pocket knife to school.  Even though we were not contesting the fact he brought the pocket knife, we were definitely concerned that our District Office wanted to expel him for a whole year.  This is a kid that has great grades, active in school and community activities, never missed a day of school and never had any previous blemishes on his school record.  I felt the School District office was strong arming me into signing a stipulated expulsion that had no written conditions attached.  I didn't know where else to turn.  I had called half a dozen attorneys that would give me advice and I ended up selecting Michelle after reading testimonials on her website.  I knew right away she was the right attorney to handle our case!  Michelle was able to get our child schoolwork and graded while she worked this out with the School District and also got him back into his own school by the start of the next quarter.  I would never have been able to do it without her.  Michelle is knowledgeable and reliable.  She kept me informed and she gave me hope.  We are grateful we found her!" -- SS

"Back in CA & not a moment to soon...
After an entire decade of school districts in both California and Arizona discriminating against my behaviorally challenged and learning disabled student, Michelle Ball put them in their place quick! We were facing expulsion, yet she was able to stop this just in time, even on short notice. Instead of showing up to a meeting and being told how my son's future was "over" the entire administrative staff and educators present in a taped meeting did a complete 360 degree turnaround, staying nearly silent throughout the ordeal, only to say that they'd decided to keep my son enrolled and try better to make sure they had followed procedures for next time. Michelle did this with one email, which the principal received that morning! Now, I will say, that the former principal is unfortunately the new Superintendent of our district, but they aren't messing with ME anymore! My only regret is not calling Michelle 10 years ago, before my son was allowed special ed status. Our ordeal has been a literal nightmare up until this point, but things have certainly improved & I feel like a champion! Thanks so much...." - KC in CA at last.

"Michelle got us on track.  Michelle’s knowledge of school district policies was invaluable in our effort to secure an inter-district transfer for our daughter.  She provided a clear, concise argument for our case and kept us focused on facts that the school district would have to acknowledge.  We ultimately prevailed in securing a transfer, and our daughter is thriving in her new environment.  Thanks Michelle for all the hard work!"

– KH and CH

"Michelle helped us to successfully change a denied interdistrict transfer to approved.  She is knowledgeable, reasonable, detailed, and a great communicator to have in your corner.  I would absolutely hire Michelle again and recommend her to anyone needing educational representation."  - LC

THANK YOU!!!!!!!!  It was my honor to be involved helping these students! 

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Smoke And Mirrors For California School Suspensions Or Real Requirement "Other Means Of Correction" Be Imposed?

By Michelle Ball, California Education Attorney for Students since 1995

On January 1, 2013, California Education Code §48900.5 improved when language describing specific  "other means of correction" which must precede certain suspensions expanded.  But was this a "real" improvement or just smoke and mirrors?  Both.

When I reviewed the legislative changes initially, I was excited.  However, when I delved into what the nuts and bolts were of the changes to Education Code §48900.5, the excitement faded.  Section 48900.5 appears to limit when schools can impose suspensions on students for certain offenses.  But, as school discretion remains to suspend students who may be dangerous, even on a first offense, §48900.5 remains weak for students.

Frankly, schools perceive and justify almost ALL actions by students as "dangerous," in some way or another and so will try to skirt §48900.5.  If you don't believe me, check the recent stories about students being in trouble for having a gun made out of paper, being punished for wearing t-shirts with the American Flag on them on Cinco de Mayo, or my own war stories of a student being kept out of school when saying "get her" on line, or expelled for forming their fingers into a "gun."  These are not fiction.  

I hope that schools will take to heart the INTENT of the legislature in truly applying "other means of correction" prior to suspensions, such as:

-- Study teams
-- Guidance teams
-- Programs teaching pro-social behavior
-- Parent teacher conferences
-- Referral to a school counselor
-- After school program on positive behavior.
-- Other alternatives to suspension.

The legislature clearly intended for schools to cut down on suspensions and to focus first on alternatives to suspension.  However, as discretion was left with schools for "dangerous" students and students fitting certain violation categories (threats, drugs, fights, etc.), the changes may ring hollow.  For, if schools interpret ALL, or most, student activity which leads to suspension as "dangerous," it will be as if §48900.5 did not exist.

Regardless, parents should read this code and be familiar with it to push for alternatives to suspension.  Suspensions can impact a student's ability to get into certain colleges, and can cut down on that student's reputation and self-esteem. Too many suspensions and youths can give up on the school system altogether, and who could blame them?  Demand that your school impose alternatives to suspension pursuant to §48900.5 while attacking specious claims of "dangerousness," and our public schools may just change for the better.

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Once Approved On An Interdistrict Transfer- Do Parents Have To Reapply?

By Michelle Ball, California Education Attorney for Students since 1995

Have you reapplied for an interdistrict (between two school districts) transfer and been denied?  California schools are holding tight to their students due to monetary and other considerations.  However, there is one bright spot which could help parents already on an approved interdistrict transfer: Education Code section 46600(a)(1).

Section 46600(a)(1) outlines some rules related to interdistrict transfers and states:

"Once a pupil in kindergarten or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter [e.g. interdistrict transfer], the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled." (emphasis added)

One exception (excluding students entering eleventh or twelfth grade in the upcoming year) requiring reapplication includes a breach of the terms of the interdistrict attendance agreement by the student.  Reapplication would then be required.  Interdistrict transfer terms vary, but usually include a requirement that the child attend school regularly, not receive certain discipline infractions, and other basic rules.  

This section is relevant for parents who have had their interdistrict transfer approved for any reason.  Per this section, once approved, the interdistrict transfer continues until breached.  

However, most parents and districts think that a reapplication is necessary yearly. Section 46600 contradicts this presumption and reapplication may be unnecessary.

The reason I say "may" when the code seems so clear is that Districts can be slow to recognize  legal change (this change went into effect in 2011) and this means there may be some "disagreement" among them on whether a new application is needed yearly.  

If a parent wishes to be absolutely certain that his/her child may continue attending without reapplication, they should obtain confirmation from the districts involved.  Or, if they reapply and are "rejected," may try to use this section (among others) to lodge an appeal.  

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Nine Things NOT To Do At School and One To Do

By Michelle Ball, California Education Attorney for Students since 1995

I am continuously amazed at all the issues which plague students in school and the things which they get disciplined for daily.  I also find that parents too often "trust" the schools to do the right thing until the day they end up in my office.  As such, I thought I would make a list of some of my top things students and parents should NOT do.  This is certainly not an exhaustive list by any means, but contains items which sometimes get overlooked.  Frankly, I could probably list 100 or more "do nots," but 9 seemed enough for the day. 

1)  Do NOT forget your pocket knife in your pocket after camping or weekend activities, throw the same pants on, and bring the knife to school.  Can you say "expulsion recommendation?"

2)  Do NOT throw items which are improper on campus into your backpack "just for the weekend."  Inevitably these things get forgotten about and brought to school.  Only bad things happen after that.

3)  Despite students free speech rights, watch what you say or draw at school or in cyberspace while a student.  With all the terrible school shootings, schools are hyper-vigilant about "hit lists" and art which may depict people getting injured at school.  

4)  Do NOT count on the schools to "do the right thing."  No, that expulsion panel will not "see it your way" or "be reasonable."  Expect the worst and prepare for it.

5)  Do NOT NOT NOT trust the school to be the sole educator of your child.  Parents need to pick up a lot of slack as if they do not, their child may get left behind in their education and even labelled "learning disabled" due to being behind. 

6)  Do NOT "label" your child with a psychiatric condition or disability just because the school says you have to or punishes them constantly.  I have seen energetic 5 year olds suspended repeatedly and parents who felt forced to "label" them with a disease to keep them in school.  Labels have long term consequences.

7)  Do NOT allow your child to give verbal or written statements (usually requested during investigations) to the school.  Anything they say showing they did something wrong WILL be used against them.  Teach them to reply politely asking that you, the parent, be called.

8)  Do NOT let your kids get chummy with school personnel.  No, your teacher should not be taking your son for pizza, having them over for movies, or otherwise having private interactions with them.

9)  Do NOT put your child's education on auto pilot.

TO DO:  know your options when it comes to your kids and their education.  Explore placements other than just the public schools, such as charter schools, independent study, private home schools, and other school options for your child. Their education is key to their future success and you, the parent, are ultimately responsible for the consequences of their not being educated.  They are in school a short time.  Be sure to make the most of it, and of them.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

School Expulsions And Pressure To Waive Rights- Be Wary Before You Sign Anything

By Michelle Ball, California Education Attorney for Students since 1995

Waivers of rights are significant things.  However, more and more, parents are subjected to high pressure to sign documents waiving their and their child's rights: to hearing, to a properly noticed hearing, to time limits for the hearing...in school expulsion matters.  Waivers under pressure can be disastrous for students.

One parent told me that their school district provided them with a document for a "stipulated" expulsion (meaning you simply consent to the expulsion in writing) and told them to sign by Friday or FACE A HEARING!  The parent had a picture painted of doom and gloom if they DID NOT sign the document.  Yet, the document bound their child to be expelled for the maximum time possible. Nothing at all would have been gained by signing the document and they could potentially have improved their punishment by simply going to hearing, or involving legal counsel.  How could they get worse?  The punishment they were to consent to was the most heinous possible in the situation.

To add to the trauma, the school official had misrepresented the expulsion potential, telling this parent that their child could be expelled for 1 calendar year, when the law actually limited the maximum expulsion time period to two semesters.  This parent was being told she would be getting a break if she signed the document immediately and that this "break" would disappear by X day at X hour.  The truth is, nothing would have been gained by signing the document, which issued the maximum possible punishment and took away the parents rights to be heard (at hearing) and appeal.

Another parent came to me after a district had pressured them to sign a waiver of time limits.  California districts must send notifications of an expulsion hearing out ten days in advance.  This district convinced the parent to sign a waiver of this timeline to have his hearing in a few days.  They also implied that the student would be out of school a shorter period of time if the hearing proceeded quickly. 

If the district wanted the kid back in school, they would have put them there.  The only reason to push the hearing would be to rush a parent through and get the child OUT of the district.  This is exactly what happened.  When this parent called me to explain, I was all over the breached time limit and the right to appeal--- until I found out about the waiver, which prevented an appeal on this issue.  

Parents mistakenly believe that if the hearing panel quickly hears their child, they will be returned to school.  Sadly, this may not be the case, so rushing is not the answer.  Had the parent not waived the time limit, he could have brought in legal counsel and may have had a better outcome.

Resist the tactics to get you to waive your rights in expulsion hearings unless there is a benefit for your child.  In my experience, there usually is not, unless REAL negotiations have occurred (e.g. with equal footing).  When in doubt, review with legal counsel BEFORE signing.

Best,

Michelle Ball Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Best,

Michelle Ball

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Social Media, Texting, Schools And Discipline: Students Beware

By Michelle Ball, California Education Attorney for Students since 1995

With the explosion of social media sites, such as Facebook, Twitter, and the like, along with almost constant texting and other electronic communication between students, schools have entered a new era of discipline.  Parents need to be aware of this and caution their children about who may be watching (or find out about) what they post, text, email, or otherwise communicate.

It used to be that schools would hear a report of nefarious activity and would only have traditional investigation techniques to rely on (interviews, searches).  No more.  Now they have "written" evidence available on the internet and phones. Schools still have to conduct their version of an investigation, however, their investigations often become much easier with the proof lingering on electronic devices and phones.

Postings can be misinterpreted as somehow being sources of substantial disruption or threats to the school which are expulsion-worthy.  For example, encouraging another student in a chat to handle a teacher problem by stating "get her" (meaning "handle it"), or laments to a "friend" containing a negative opinion about a teacher, may be mistakenly deemed threats of harm.  Both students described were placed up for expulsion for such slips of the tongue which were not intended for anyone beyond the audience (friend) nor as threats of any kind.

I fought and got both students back in school with no expulsion, but this would not have happened without attorney intervention and return can never be certain.  In the "old" days (not that long ago), such statements would vanish the minute they were uttered verbally to another student and would never get reported.  No more. Statements on-line or on a student's phone don't disappear.  Even if deleted on one student's device, they may remain on another student's computer or phone and can come back to bite.

I have had students in my office up for expulsion who thought a Facebook post was "private" and that only their "friends" could review it.  However, students find out the hard way that their "friends" parents may be reading their posts and sending them to the school, or a friend may have their phone searched.  An expulsion recommendation may ensue after the communications are read.

My best advice for parents who do not want to see themselves hauled in with a suspension or expulsion for matters which seemed out of reach, is to talk to your children about what NOT to post.  Students should first be informed that NOTHING THEY POST ON THE INTERNET OR TEXT, EMAIL, ETC. IS PRIVATE, regardless of what they may think.  Whether they can be disciplined for it legally or not is a whole different matter.  Students need to simply be cautions about what they post.  For, although the First  Amendment DOES still exist, caution can help a student avoid discipline for "threatening" (or other) comments altogether.

Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209

Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Improved, But Still Confusing CIF High School Sports Transfer Rules

By Michelle Ball, California Education Attorney for Students since 1995

Recently, the California Interscholastic Federation, aka CIF, the governing body for high school sports in California, softened their interdistrict transfer rules for the better.  It is still confusing, but students should benefit from this move.

Previously, there was a single transfer allowed without  a "valid change of residence" (a "valid change of residence" is moving house to house) prior to the tenth grade year.  Under the amended CIF Rule 207, a student may transfer without moving, and may be able to compete at a new school after a "sit out period." This can be during any year of high school, so long as this is their first transfer without a "valid change of residence."  

How this works is, say student A played junior varsity or varsity football at School X.  They thereafter transfer to School Y prior to the first football game that year without a "valid change of residence."  So long as this is the student's first such transfer, this football star can practice with the new team and may be able to play after an October first sit out period.  

If the same student moves to School Y after the first football game is played, the local CIF office will determine the student's sit out period individually.

Other restrictions also apply (not all listed here).  For example, a student may not compete in the same sport at two different schools during the same school year, and the transfer cannot be for discipline reasons.  So if Student A played football at School X that schoolyear, the student could not compete for the new
School Y football team that schoolyear.  Or, if a student moved due to an expulsion agreement, they also may be prohibited from competing at School Y.

For now, it should be easier for some students to switch schools and keep participating in their favorite sports.  For more information, see the CIF website here.  Go team!

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

School Suspension Or Expulsion For Bullying Under California Education Code 48900(r)

By Michelle Ball, California Education Attorney for Students since 1995

Bullying has been a hot topic recently, due to its prevalence in schools: on the bus, in the classrooms, in the bathrooms, and generally wherever students interact.  Do you remember the school bully?  Or, maybe you have seen movie depictions such as the red haired youth with his raccoon fur hat who terrorizes the main character Ralphie in A Christmas Story.  Did you know that students can be suspended or expelled from school for bullying?

Per the California Education Code, section 48900(r), students who bully can be kicked out of school. Such discipline is limited to pupils in the fourth grade or above and the legal definition of bullying is as follows (summarized below):

"Severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or could be "reasonably predicted" to have the following impact on a "reasonable pupil:" 

1)  Places the student in fear of harm (for themselves or their property).
2)  Has a "substantially detrimental effect" to the student's physical or mental health.
3)  Causes substantial interference with the student's academic performance.
4)  Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school."

A "reasonable pupil" is defined as: "a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill , and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs."

What this means in English and how this will play out is yet to be seen.  The legislature did attempt to limit the application of this statute in the fact that they require "substantial" interference in three out of four of the categories.  However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" might be.  And I don't know about you, but some of the things kids do could put almost anyone "in fear of harm."

Most likely the schools will require a low level of proof.  The vague language here is doubly concerning when one considers that in the majority of expulsions, parents and students appear before a panel of hand-picked District employees who will hear and decide on the matter and the punishment.

Parents really need to ensure that they involve proper legal help if their children are up for expulsion for bullying as the right to attend school is an important right to fight for.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

School Districts Must Revise IEP Annually Or They May Not Be Providing A Free And Appropriate Education

By Michelle Ball, California Education Attorney for Students since 1995

In the Ninth Circuit Court of Appeals decision Anchorage School District v. M.P. (July 19, 2012, No. 10-36065), the Court ruled that the lack of an updated annual IEP (Individualized Education Program) plan resulted in M.P. (student) not receiving a Free and Appropriate Education (FAPE).  The Court also ruled that the parents were to receive reimbursement for private tutoring and attorneys fees.

In Anchorage, Judge Paez stated that a school district has only two options if the annual IEP remains unsigned (e.g. a parent wants more changes, rejects it, etc.). The District must then either:

1)  Continue working with the parents to develop an IEP which is accepted by all, OR
2)  Revise the IEP on their own and file a due process hearing to seek administrative approval of the proposed IEP.

This is significant.  There are many times that parents have a signed IEP, e.g. from 2 years ago, but no signed IEP since that time due to disputes.  However, as explained in Anchorage, this would evidence a lack of FAPE.  A district cannot just continue relying on the old outdated IEP while the child "advances" from grade to grade.  Rather, as the Court explained, they have "an affirmative duty to review and to revise, at least annually, an eligible child''s IEP."  If they do not, the district can be attacked for a lack of FAPE and may have to pay for services (compensatory education) provided by the parents during the time there was no FAPE.

The Court also was not deterred by the argument that the parents were too litigious and somehow stopped the annual IEP from being finalized.  Instead, Judge Paez opined that regardless of the parents exercise of their right to object, the district must update the annual IEP to ensure a student receives appropriate services.

This is a wonderful opinion for parents which should ensure that students don't get stuck with outdated IEP documents with pointless goals from many years before.  If there is an impasse, the school district must work with the parents to finalize the IEP or go to hearing. 

This is not a long decision and is a good read.  I encourage all parents of special education students to review it!

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Faceboook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Does The School HAVE To Follow My Child's 504 Plan?

By Michelle Ball, California Education Attorney for Students since 1995

I get frequent calls from parents with children on 504 Plans (disability accommodations plans) which seem symbolic due to lack of implementation at school.  Failing to follow the 504 Plan is completely and totally improper and schools can get in big trouble for ignoring 504s.

Some issues I see with 504 Plans are:

1)  Poorly written (e.g. not adequate number or specific enough accommodations), or
2)  Lack of enforcement, or
3)  No 504 Plan.

Presuming there IS a 504 in place with some form of accommodations included, parents should not be faced with the issue of compliance with the 504 by school personnel.  It should be written and done, right?  Unfortunately, 504 implementation issues are common.  For example, the 504 states that the student is to be seated in the front of the classroom, and the teacher refuses.  Or, the student is to be given classroom notes, but these never arrive.  Maybe the teachers treat the student like they are not disabled and refuse to do anything written in the 504.

A 504 is a legally binding document which sets forth items the school or district must provide and implement, period.  If they do not, their conduct could be found to be discriminatory.

If 504 issues exist, parents can bring in an attorney to straighten things out.  If attorney communication with the school district does not work, the parent and/or attorney can file a complaint with the U.S. Department of Education's Office for Civil Rights.  Implementation of a well written 504 Plan can change a student's life at school, and can mean the difference between graduating and failing, good grades and bad.

It is very important that parents understand the importance of a 504 and know that they have the right to have the items in the 504 actually DONE at school regardless of balking teachers.  Don't let your school fail your child by ignoring this important document.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Schools, Colleges, And Current Trends In One Education Law Office

By Michelle Ball, California Education Attorney for Students since 1995

It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut.  With the internet, even MORE parents and students in trouble are finding me!  So, I thought I would reflect on what the recent trends have been in my office where I focus only on Education Law.

This year, I have seen a great number of interdistrict (between two districts) and intradistrict (within the same district) transfer issues.  It seems that many districts have been clamping down hard on students attending outside their area of residence.  My phones have exploded with issues where kids who may have been attending a school previously are suddenly denied entry, or the student expected to go to "School A", but now has to attend "School B" which the family thinks is a bad school.  It is distressing for all parties concerned, particularly the student! They don't know where they will attend, if they will have to make new friends, or what will happen.

I have also been handling a large amount of expulsions for a variety of matters, but have seen a rise in school expulsions for drug sales.  These are very sad situations where a student gets caught up in the moment and they do something wrong.

I have seen more college disability-related issues lately as well.  Disabled students in colleges need to ensure that they take the proper steps to notify the college of their disabilities and insist that proper accommodations be put in place.  Students also need to ensure that they are mindful of discipline policies, and that if they are punished, they force the college to follow its own policies on discipline (and state law).

Special education denials abound as well, as due to financial woes, it seems school districts deny more students or limit services.  This obviously leads to disputes!

Bullying by students and school staff (teachers, etc.) have hit my office, as well as expulsions for things on Facebook, in text messages, and otherwise.  This is a somewhat new area of punishment and it can be confusing.  I have found that many districts don't necessarily know or limit themselves to what the law requires in cases of internet or other electronic comments and can expel students technically outside their jurisdiction.  Expulsion for speech on the internet while off campus crosses over into the area of free speech and the First Amendment. Students retain their First Amendment free speech rights in the school setting, although that speech can be limited (see Tinker v. Des Moines and cases since this time).

There are so many more issues as well!  One thing which would help them all, and alleviate many parent complaints, is better communication with parents by school employees.  I often find that if better communication had been in place, the parents never would have ended up in my office in the first place.

What have your school issues been this year?

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.