Vol IX, Issue 2

I WAS BANNED FROM CAMPUS, NOW WHAT?!

From time to time THE LAW OFFICE OF MICHELLE BALL meets with parents who have been banned from a school campus for alleged negative conduct. Such exclusion purportedly extends days, weeks, and occasionally the rest of the school year. Often the parent is told that they are committing a misdemeanor and that they may be subject to arrest if they come back on the school campus, even to pick up their child! When are such visitor bans legal?

Per the California Penal Code, various misdemeanors may be alleged for improper conduct on a school or college campus. For example, a person may get in trouble for causing a willful or material disruption, interfering with campus activities, unlawful fighting, challenging a fight, using offensive words likely to cause an immediate violent reaction, intimidation, and for other negative activities.

Usually if a wrongful act occurs, the alleged offender will be informed (verbally or in writing) that they must leave or stay off of campus for a designated period of time. And, although a school official may attempt to ban a person for an extended period of time, the maximum time authorized for a ban of a visitor is two weeks, unless a court order is in place.

This does not mean that parents should not respect a ban while it is in place, even if it goes beyond two weeks. Rather than barge back on to campus after the two weeks are up, parents should file an appeal with the District or other appropriate party, opposing the action, attacking any factual misstatements, and demanding they be allowed to return.

Attorney help is strongly recommended in these situations, as often parents are not listened to, even when they present valid objections. This is because exclusions are usually based on a statement from some member of the school staff alleging that they felt somehow “intimidated,” “harassed,” or “threatened” by the parent and that classroom and/or the school activities were disrupted.

Although these matters can be very emotional, it is never recommended that a banned parent or family member run directly to the school office to raise an angry voice of protest. Everything should be pursued with the utmost calmness and rationality, and with advanced permission to come on campus. Acting in such a calm manner after a ban is difficult for many parents who can’t pick up Johnny from soccer practice, go to the school play, or walk their child to class. As such, we strongly recommend that parents hire someone more disconnected from the situation to help.

Additionally, even after the ban may be lifted and/or expire, the parent is well advised to correct any misstatements in any school correspondence on the matter. Otherwise, false allegations can sit in a file for years to come, supporting other false allegations against the parent in the future.

We have seen parents banned for simply having a passionate discussion with a teacher outside their classroom when no other students were within 30 feet.

Other parents have been excluded when they raised valid arguments in a closed door meeting about school discipline, or when they simply talked loudly. We do not agree that a parent should ever be excluded for raising a passionate argument against discipline or wrongful treatment of their child, particularly when there are no threats or violence involved and the discussion occurs behind closed doors and/or in a meeting to discuss the incident.

Often when schools see conduct of which they do not approve, they involve the campus or local police. However, we caution the schools against jumping the gun on parent conduct. Most parents should first be asked to calm down or asked to politely walk to a closed door location to discuss their concerns. This can bring the matter to an end without need for police involvement. Police presence tends to elevate, not calm matters down, particularly when nothing really wrong is occurring.

If you are banned from campus, contact us at 916-444-9064 or help@edlaw4students.com. We look forward to hearing from you.

ASK MB LAW

Q: The school is refusing to allow my special needs son to transfer out of his current school. He is placed away from the traditional setting and does not get much interaction with non-disabled peers. I want to put him in a charter school where he would do great and would be more integrated into the general population. What do I do? Can I move him now?

A: You do not have to wait for district approval to move him, so long as he was accepted at the charter school. Either request an IEP (Individualized Education Program) meeting to negotiate this move and the supports to be put in place at the charter school, or simply place him in the charter school now and hold the IEP meeting after the move. Which option you choose really depends on your son’s needs and his ability to move with or without supports in place.

© 2009 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 2

BACK TO SCHOOL:
WHAT ISSUES SHOULD I BE AWARE OF FOR THE COMING YEAR?

Truancy:

Under the current state law, a child is truant if he or she is tardy or absent 3 times in one school year without valid excuse. A valid excuse could be a doctor's excuse, a death in the family, or other emergency situation.

If a child is a truant, the parents of the child may be summoned to meet with or appear at a hearing in front of school officials or the Student Attendance Review Board (SARB). A SARB meeting or hearing may involve representatives of the school district, the sheriff's office, the district attorney’s office, or other officials.

If the child's truancy does not cease, the parent or guardian of the student may be guilty of an infraction or face other charges for failing to compel attendance. Additionally, the student may be subject to suspension, restriction, or delay of their driving privileges.

Is a parent’s excuse good enough?
Medical excuses from a doctor are good excuses for absences. A parent’s excuse may or may not be accepted by a school or school district as good cause for an absence. Districts and schools vary in their standards of what a valid excuse is. Thus, it may be a good idea to obtain a doctor's excuse for an absence. Additionally, a parent may want to call their school and forward a written note informing the school of their child's condition if they are expected to be out of school for any length of time.

How A Lawyer Can Help You:
Oftentimes, parents or students consulting with the Law Office of Michelle Ball explain that they have attempted to resolve an issue with their school or school district and have either been ignored, or have gotten little results. What an attorney can do for you is give you a Voice.
Attorneys are well-versed in their legal area. As the Law Office of Michelle Ball specializes in education, we understand your specialized issues involving your school. With our general knowledge of the law, plus the specialized expertise, you have an ally who knows the law, and can help you get what you need.

Not every case can be easily resolved, and may involve heated discussions or meetings with the school or school district, but most matters can be handled if an attorney gets involved. Results are much quicker than when a parent or student goes it alone. Attorneys are allies and advocates. We are your representatives ready to take the stress off of your shoulders. Attorneys can help you and your child have a better tomorrow.

ASK MB LAW

Q: My son has an audiological disability (hearing impairment) which I do not fully understand. It definitely affects him in school, but I am not sure what services he needs or what to do next. Please help.

A: Any child with a disability which affects his education is entitled to certain special services and/or accommodations from his or her school. Your son needs a thorough evaluation of his exact disabilities. Depending on the facts of the case, your school may have to provide a thorough assessment of his current condition. Such an evaluation is helpful if it provides the parent with a thorough analysis of the child's condition and what can be done to help improve educational performance. Such an assessment is definitely the starting place for handling educational difficulties that have not been fully assessed.

© 1998 Michelle Ball.
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 3

SPECIAL EDUCATION: WHAT IS IT?

Special education is a somewhat complicated subject. What it boils down to is, if your child has problems which affect his or her learning and education, your child may be entitled to free services and accommodations from your school and/or school district.

Here is an example of a situation where special education may be warranted: Johnny's mother noticed Johnny was having difficulties in school. He seemed distracted at school and was falling behind. He tested 3 grade levels behind in math and reading and things were not getting any better. Johnny's Mom tried working with him at night, but between her two jobs and other children, she did not have enough time to devote to Johnny's school work. Johnny was being passed from grade to grade with no improvement.

Johnny's mom did not know what to do. She did not want to lose Johnny in the shuffle of life and wanted him to go to college someday and live an ordinary life.

Johnny's mom finally became aware that she had a right to receive assistance free of charge from Johnny's school. Johnny's mother contacted a school official and requested help for Johnny. The official referred her to the person supervising children with special needs. The supervisor arranged for various tests involving Johnny's ability to see, hear, and read. The testing provided by the school district, showed that Johnny was deaf in one ear, and needed glasses. It was also confirmed that Johnny was several grade levels behind in crucial academic areas.

Johnny's Mom took Johnny to her health provider and obtained a prescription for glasses for Johnny to assist him. She then returned to the school.

Through many meetings with the school and a team of officials, including Johnny's teacher, a reading specialist, and others, the following services were provided to Johnny free of charge through a written plan called the Individualized Educational Plan (IEP). Johnny was moved to the front of the classroom in all his classes, a tutor was assigned to him to assist him in catching up in all academic areas in which he had difficulties, and a note taker was assigned to Johnny's class to assure he did not miss anything. Additionally, transportation to and from Johnny's tutoring was provided.

If Johnny had problems in other areas such as behavior, physical education, speech, hand-eye coordination, manipulating his hands to do such things as button clothes, pick up things, and so forth, he would also have been able to receive services such as speech therapy or occupational therapy.

Special education is much more than what is described above. However, one can see that help is available if problems exist. Special education rights are granted by both Federal and State law.
Your child's school should work with you if your child is having educational difficulties. If you want help, they should be approached to talk about it. If the school refuses to work with you or does not provide satisfactory assistance, you may need to seek out an advocate to assist you in your pursuit. Just remember, the law in this area is usually more on your side than the school's so you should not be intimidated. If you are unsure of your situation and whether the services the school
is offering are enough for your child, an outside expert should be consulted.

ASK MB LAW

Q: My son is up for expulsion from his school district. What are my rights?

A: You have many rights when it comes to the expulsion of your child. First, you have the right to be represented by an attorney at the expulsion hearing. You may also present witnesses, documents and evidence to the expulsion panel. Prior to the expulsion, you have the right to written notice of the facts and charges upon which the proposed expulsion is based. You may also inspect and obtain copies of all documents to be used at the hearing. Notice of these rights and many others are to be provided to you in writing at least 10 calendar days before the hearing.

It is strongly recommended that you seek legal representation when your child is up for expulsion as the effects of the expulsion hearing can be very far reaching. An expulsion will affect your child far into the future as it will be a permanent black mark on his/her record which could affect admission to college and will reflect on your child's character when applying to enter certain professions.

© 1998 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 5

EDUCATION LAW: WHAT IS IT?

Often when people are informed that The Law Office Of Michelle Ball practices mainly Education Law, a blank stare comes over their face. This is not because they are not intelligent, but rather is because Education Law is a very new and unique area of the law.

Many areas of law are extremely traditional, such as contract law, wills and trusts, and personal injury law. Education law encompasses these areas within itself, but it is unique in that the defendant is always a public or private educational entity, or an agent or employee of such an entity.

This does not mean that all schools, districts, or their employees are law breakers or are somehow inherently bad. If that were the case, no one would be sending their children to school. There is no doubt that there are many wonderful schools, law-abiding school districts, and happy, bright, educated students.

The Law Office Of Michelle Ball is there to make sure the schools do not go out of bounds. We make sure that the legal line which has been drawn in the sand by the federal and state legislatures and courts, is not crossed. We are, what one could call, the schools’ sometimes buried conscience.

Four years ago when The Law Office Of Michelle Ball was born, we focused on special education law. Now, we are bombarded by so many interesting and unique situations involving the schools, both public and private, that what we call ourselves Educational Law practitioners.

Our goal is actually to improve the whole gargantuan system that is our school system and to make sure it functions correctly and stays on its legal path. Parents should have a voice and should not be run over by bureaucracy. That is where we come in as we help parents and students assert their rights.

Parents call when they are not being listened to, when something just seems wrong with the treatment of their children, or when they just want to make sure what happened to their child does not happen to other children. We do what we can to make sure any legal violation is corrected as easily as possible.

We hope you have a little more understanding and liking for what we do to help parents and students. If you have any questions about our practice or Education Law, please contact us at 916-444-9064.

ASK MB LAW

Q: I want to be a special education advocate. How does one go about becoming one?

A: The fact that you want to be a special education advocate is admirable. It isn’t an easy cross to bear, but with the right determination and understanding of what it takes to be an advocate you should do just fine. Some qualities you will need to demonstrate are a strong interest in helping people, ability to hold your position, and willingness to confront the educational system.

The law of special education is vast and complex, while constantly changing. It is important for you to be well versed in all the relevant federal and state laws, federal court rulings, administrative decisions, and other legal information. One does not necessarily have to be an attorney to assist parents and students, but having such a credential definitely assists in getting your points heard and addressed. If you have legal teeth and the power to pursue the schools at a hearing or in court, your case will be more easily won.

© 1999 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 6

SO YOU WANT TO SUE YOUR SCHOOL? WHAT IS YOUR FIRST HURDLE?

You find yourself in a disturbing situation. It appears that your (or your child's) school has committed an improper and maybe an illegal act. The situation is awful and all attempts to negotiate with the school have failed. What do you do?

If you are even remotely considering taking your school to court, you must assure you meet any relevant and applicable time limits. To do this, you must first determine if your school is public or private. If private, you will be under a set of laws not discussed in this article. If public, as in the school is part of your local school district, is a state or county school, or is a state post-educational facility such as the University of California or a community college, then be warned, there is a big hurdle and it is coming fast.

When you sue a public school, district, college, etc., what you are actually taking on is an agency of our government. They are funded primarily by the government and your tax dollars. Because of this, there are multiple laws that apply to them and limit their activities. These laws are what the Law Offices of Michelle Ball uses to advocate on behalf of wronged parents and students.

Anyone wanting to sue a government body should be aware of their state laws relating to time limits for bringing suit. In California, when suing any government agency a person will fall under a set of laws typically known as the Government Tort Claims Act. [A 'tort' is basically a wrong committed against another through breach of a legal duty].

This Act says that if you plan on suing a government body (also known as a public entity), BEFORE you file your paperwork with the courts, you must provide notice to the government body of your intent to sue. The notice should include, among other things, the claimant's name and address, the date and place of the incident forming the basis of the suit, the basic facts surrounding the incident, who caused the harm, and either the amount of damages (money) you are claiming is owed to you or which type of court has jurisdiction.

This information must be provided to the government body within SIX MONTHS FROM THE DATE OF INCIDENT! This is one quick time limit.

This means that if your child were injured at school in June, you would have to file this claim form by December. And, you must put all of the above and more into the claim form.

This is a significant time limit and you need to be aware of it. If you plan to sue on your child's behalf, do not delay in filing the claim form as your child's minority of age (under age 18) is no excuse with regard to this requirement.

When suing a government entity, you may want to seek out legal advice to assure you provide the necessary information in a timely manner. As it may be difficult to find an attorney, a person wishing to sue should get right to work in seeking out advice and should not stop until an attorney is found, as any slow or delay could harm their suit. This is why anyone who consults with the Law Office of Michelle Ball regarding a public entity gets a warning letter advising them of this time limit. It is very important to know this exists so a person can get right to work.

If you have missed your six-month window, all may not be lost as there are ways to petition the government body/public entity to accept a late claim, but that is a topic for another day . . .

ASK MB LAW

Q: Help! I have a complaint about how my daughter's teacher is treating her. What can I do?

A: You may want to speak with the teacher to request he or she change what they are doing. If the teacher will, great. However, if that does not work or this is not something which can be addressed with the teacher, you can request to meet with the Principal to discuss the matter. He or she will likely meet with you and the teacher, and perhaps your daughter, to talk about what happened and what would resolve your complaint quickly and easily.

If things do not work out there, then you should file a personnel complaint in writing with the school district and request to be notified in writing of the results of any investigation conducted.

Other avenues and tactics can also be tried but there are too many to be listed here! Good luck!

© 2000 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol.

WHAT RESOURCES ARE AVAILABLE WHEN I HAVE AN EDUCATION PROBLEM?

When a parent or student has a problem with their school, teacher, or other education body, they oftentimes do not know what resources are available to assist them in solving their problem. There are many agencies parents and students can utilize when a problem arise. The following are some that The Law Office of Michelle Ball uses and recommends to parents:

United States Department of Education
Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone: 415-486-5555
Fax: 415-486-5570

OCR is a branch of the U.S. Department of Education which investigates claims of discrimination in educational institutions, based on race, gender, disability, and other areas. Complaints regarding any school which receives federal funds can be filed with OCR and if OCR finds the claim actionable, they will investigate the incident, and demand and enforce corrective actions such as district-wide training, or hiring of new personnel.

Protection and Advocacy Inc. (PAI)
100 Howe Avenue, Ste. 185N
Sacramento, CA 95825
(916) 488-9950
1-800-776-5746

PAI is a federally mandated organization which advocates on behalf of both developmentally and mentally disabled individuals. They have several attorneys who take on select cases which impact many individuals. There are also law clerks available to speak with callers and answer questions regarding problems in educational and other institutions.

PAI also has a wonderful publication entitled Special Education Rights and Responsibilities which is a question and answer type book with answers to many special education questions. This book is strongly recommended for all parents dealing with the special education system.
California Commission on Teacher Credentialing (CTC)

1900 Capitol Avenue
Sacramento, CA 95814
(916) 445-0243

CTC is the licensing agency for California teachers. As such, CTC accepts and investigates complaints about teachers and has a form and affidavit which may be completed to report a problem with an individual teacher. If every parent with problems complained regarding a teacher to CTC, it would be easier to ensure justice is served and/or that a bad apple has their credential withdrawn.

Citizens Commission On Human Rights (CCHR)
717 K Street, second floor
Sacramento, CA 95814
(916) 554-7235

CCHR is a national advocacy group working hard to clean up the field of mental health, particularly psychiatry and psychology. Examples of what CCHR may be interested in, include a school or district telling parents they have to put their child on drugs for them to attend school, forcing a parent to receive unnecessary special education services, or schools becoming mental health centers as opposed to places of education.

Local School Districts/School Boards
Additionally, personnel complaints and the government claim form discussed in our last newsletter can be filed with your local educational institution.

Oftentimes the forms to complain may be confusing and an individual should seek legal counsel to assist with completing such if they are uncertain of how to document or prove a case. If a form is improperly filled out, the matter may not be pursued quickly or at all. Taking time to contact the appropriate agency and complete the forms correctly is time well spent.

ASK MB LAW

Q: Can a public school make the wearing of uniforms mandatory? What punishment can be meted out if a uniform is not worn and the parent has not signed a form excusing their child from the uniform requirement?

A: Pursuant to California Education Code section 35183, school districts may adopt dress code policies requiring students to wear uniforms. The purpose of this law is to prevent gang activity and the need to identify ever-changing gang clothing. Parents should be provided with the option to opt out of the uniform requirement which means their children can wear regular clothes to school despite other children wearing uniforms. If parents opt out of the uniform requirement, their children cannot be punished for not wearing uniforms per se.

However, if a parent does not opt out of the uniform requirement and thereby agrees to have their child wear uniforms, their child must wear a uniform every day unless excused by the school/district. Additionally, children may be punished for failing to wear their uniform and such punishment should be outlined in the school district policies.

© 2000 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. III, Issue 2

AREAS WHERE WE HELP PARENTS AND STUDENTS

As you may know, The Law Office of Michelle Ball represents parents and students against a wide range of educational entities, including public school districts, private schools, colleges, and universities.

But, because the average individual does not really know what ‘education law’ means or what a typical matter involves, we wanted to give you a few examples of common situations that we handle.

Special Education Eligibility: a parent has a student with a disability and feels that child needs extra help at school, but the school refuses to assess or acknowledge the disability. We can help get the assessment process rolling and give you an outside opinion on eligibility.

Expulsion: a student is placed up for expulsion for whatever reason. We represent parents at expulsion hearings and expulsion appeals. We may also be able to negotiate an agreement with the District which can stop the hearing altogether.

Suspension: If you disagree with a suspension, we can attempt to stop the suspension and/or can help with removing the suspension from your child’s records.

Attendance: If you are referred to the School Attendance Review Board (SARB) board, we can advise you on what will happen and can file documents with the Board to assist in any hearing.

Extra Services: If your child qualifies (which is the first hurdle), we can assist you in obtaining a gamut of related services through the District at no expense to yourself, including speech and language services (to address speech or auditory processing problems), occupational therapy services (addresses fine motor problems such as problems writing, tying a shoe, buttoning, etc.), tutoring in areas of need (English, math, etc.), adaptive physical education (for gross motor problems- running, skipping, jumping, etc.), and other services necessary for your child to succeed educationally.

Discrimination: We can assist parents in filing complaints with appropriate agencies to complain about apparent discrimination based on disability, race, and other protected classifications.

Privacy: We can assist a parent to file a complaint regarding failure to protect a student’s privacy rights, such as when a District improperly discloses confidential student records.

Harassment: If a student is being harassed, we can address the situation with the District and/or school and put them on notice of what will happen if they do not protect the student being harassed.

These are just a few examples of areas with which we assist parents and students.
The field of Education Law is very interesting and exciting, and presents a lot of challenges. When a parent is taking on the monster we call the educational system, they are well served to have an attorney assist them. Merely having an attorney on your side can get the District’s attention to say the least. When you have problems with schools and school districts, call someone who specializes in this unique area. After all, our children are the most important factor in our lives and they deserve a productive education and a fighting chance.

ASK MB LAW

Q: Can my child get in trouble for bringing a knife to school? What about a Swiss Army Knife?

A: Schools are heavily regulated as far as what can be brought on campus. One class of prohibited items includes weapons, such as guns and knives.

If a student brings any knife to school they can be suspended or recommended for expulsion, unless they have prior written consent from a certificated employee and the principal or the principal’s designated agent. A knife includes a folding knife with a locking blade, a razor, a weapon with a blade longer than 3 1⁄2 inches, and other similar items.

There may be one argument however against a mandatory expulsion recommendation with a Swiss Army Knife, if the knife has a reasonable use for the student. However, we would strongly advise against tempting fate and would tell your child to leave their Swiss Army Knife at home.

© 2001 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. III, Issue 3

SEXUAL HARASSMENT AT SCHOOL: WHAT CAN A PARENT DO?

Sexual harassment is usually thought of in the workplace, but it does not just happen there. It can happen in the classroom, or anywhere on a school campus or at a school-related activity. It can be student to student or school personnel to student, and may even involve your child’s teacher.
But what is sexual harassment and what can a student or parent do to stop or prevent sexual harassment?

Sexual harassment is a nebulous concept and a very broad topic for this short article. There are many requirements and this article is written to give you some idea of what MAY be sexual harassment and what a parent or student should do if they suspect sexual harassment. Each situation must be examined and many laws apply to whether someone actually has a sexual harassment case.

Sexual harassment may be verbal, physical, environmental, or may exist in some other form. If verbal, the statements/comments made generally must be persistent, severe, or pervasive, and must be of a sexual nature. Harassment may also be of a physical nature, and can involve grabbing, pinching, touching, kissing, sexual gestures, or other conduct. Or, the environment could be sexually harassing, such as through sexually explicit photographs, calendars, references, or other form of communication. Generally, the conduct also has to be affecting the student’s education environment and interfering with their access to that educational environment.

If you suspect actions involving your child may be sexual harassment, the first thing you should do is contact an attorney specializing in education and/or sexual harassment law to evaluate what should be done. They will advise you on what steps to take and time limits. Further steps would likely involve contacting the school district to lodge a complaint and possibly court action.

Sometimes parents contact the school prior to contacting an attorney. If this is the case, a verbal complaint should ALWAYS be followed up with a written complaint. DOCUMENTING the situation and documenting each time the school personnel are notified of the situation is key to future action and to proving the school has knowledge of the situation.

Once the school is put on notice of the situation, they should investigate. If they verify sexual harassment is occurring, they must take action and do something about it.

Solutions to handling sexual harassment may be very simple, such as disciplining the student or teacher involved, adding supervision, arranging a meeting between all parties, or even expulsion of the offender. Ways to address the situation are limitless.

Meanwhile, if the school is not working to resolve the matter, a parent must seek out an attorney to discuss their potential case. They should also contact appropriate agencies to file complaints against the school.

Time limits are very fast in this situation, and an initial claim form is due within 180 days. Other complaints are also due quickly, and possibly even prior to 180 days.

Ultimately, the first step is knowing about any harassment that may be occurring, so talk to your kids. Review the District sexual harassment policy with them and find out what has been going on at school, and if any harassment situation might exist. If you become aware of possible sexual harassment, notify school personnel immediately.

Know what is occurring and do something about it. If you do not, someone you love could get hurt.

ASK MB LAW

Q: My son was stopped and questioned by a vice-principal regarding an alleged crime he committed. Is this proper?

A: The California Supreme Court recently handed down a decision entitled People v. Randy G. which discussed this very issue. Their decision does not bode well for your son.

In Randy G., the Supreme Court ultimately held that a minor student may be stopped by school officials in order to ask questions or conduct an investigation so long as such authority is not exercised in an arbitrary, capricious, or harassing manner. What this means in laymen’s terms is that your son can be stopped unless you can prove the school personnel are stopping him to harass him or their stop was based on whim, fancy, or was capricious. School officials are given great power as they supervise students in a limited environment. As such, the students have more limited rights than someone outside the school environment.

© 2001 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IV, Issue 1

SUSPENSIONS: THE BASIC FACTS

The Law Office of Michelle Ball receives many calls from parents who disagree with a suspension imposed on their child. Unfortunately, suspensions are on the increase, and are at the discretion of the school to impose. This article summarizes the bases for suspension along with some basics you should know.

Your child may be suspended (or even placed up for expulsion) for any of the following:
1) Caused/attempted/threatened/aided/abetted (urged on) physical injury.
2) Possession/sale/furnishing of a firearm, knife, or explosive.
3) Possession/use/sale/furnishing/offering/arranging sale of a controlled substance, alcohol, intoxicant, drug paraphernalia and/or representing something as such substance.
4) Commission or attempt to commit robbery, extortion, theft, or knowingly receiving stolen property.
5) Possessed or used tobacco products.
6) Obscene act or habitual profanity/vulgarity.
7) Disruption or willful defiance.
8) Possession of an imitation firearm.
9) Committed or attempted sexual assault, sexual battery, or sexual harassment.
10) Harassment of a witness in a school proceeding for purpose of stopping testimony.
11) Causing/threatening/attempting hate violence.
12) Harassment of a student which creates an intimidating or hostile educational environment.
13) Terroristic threats against school officials or property.

School personnel may decide to suspend or not suspend at their discretion.
A student has the right to an informal conference with school officials prior to suspension unless an emergency situation exists. School personnel are also required to make a reasonable effort to contact the parent when a suspension is imposed. They must then provide or forward written notice of the suspension.

The length of the suspension for an individual incident may vary from 1 to 5 days and a student may be suspended for a total of 20 days during a school year. If the student is a special education student, they may only be suspended 10 days before other placement arrangements are made. The Education Code encourages alternatives to suspension and a parent would be wise to request other means of correction be applied prior to suspension.

Additionally, if a student is placed up for expulsion, they may be suspended until the expulsion hearing takes place, but only if certain findings are made.

If a suspension issue arises, contacting an education law attorney is strongly recommended to ensure your legal rights are protected.

ASK MB LAW

Q: I want to appeal a suspension my son received. What should I do?

A: The best shot you have at appealing a suspension is to hire an education attorney. Districts’ rarely work with parents to remove suspensions. The only possible way this will be resolved is with legal assistance.

With an attorney you can force the District to stand up and take notice of your demands. The District may even have to pay their own attorney just to defend your legal appeal.

General attorneys do not specialize in Education Law issues. As such, you would be best served by hiring an Education Law specialist, such as The Law Office of Michelle Ball, to maximize your chances of success.

© 2002 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IV, Issue 2

THE IMPORTANCE OF REVIEWING AND CORRECTING STUDENT RECORDS

Do you know what your public or private school is putting into your child’s school files? Should you care? Do you have a right to review and/or protest the records being made? What happens if there are false reports in your child’s file? What are your rights?

These are all very good questions and a parent SHOULD be concerned with student files because they follow a pupil year-to-year, and school-to-school. If these files contain false allegations, inaccurate comments, or misleading reports, a parent should get these removed.

The first step in determining what the files contain is to review them. Periodically, you should make a request to your school and district to review your child’s files. You have a right under Education Code section 49069 to receive copies of, or to inspect and review your child’s educational records, within 5 business days of any request you make.

To ensure your request is honored promptly, it is strongly advised that you put your request in writing and keep a copy. Also, your request must be broad enough to obtain all records regarding your child. Generally, if you just request ‘school files,’ the school/district will only provide the cumulative file, which contains general education records, such as immunization records, attendance records, etc. It is recommended that you make a more specific request that covers all possible records. Files requested can include cumulative, special education, discipline, computer, confidential, teacher, or other records.

Parents have an ‘absolute right of access,’ to student records pursuant to section 49069. A foster agency with jurisdiction over a pupil may also have access to certain records, as well as certain entities outlined in the Education Code, and someone with a judicial order. Additionally, you may give written permission to anyone you want to access your child’s records, including an attorney.
A district/school may charge you the actual cost of providing copies of student records. However, they may not charge you for searching or retrieving pupil records.

If you find something in the records that is false, misleading, inaccurate, an unsubstantiated personal conclusion or inference, not based on personal observation of the person reporting, or which sets forth a conclusion or inference outside the area of competence of the person reporting, you may challenge the content of the record(s). Such challenge is filed with the school district superintendent. Appeals of any denial go to the federal government or possibly court.

It is important that your child’s records do not contain false or misleading information as this information can be used against him or her in the future. Upon review, it is sometimes surprising what is to be found in school records.

Sadly, numerous parents’ report to our office that they have been ignored in their requests for records in the past. If you need assistance with obtaining copies or challenging the content of records, it can help tremendously to work with an education law attorney. Such attorneys, like the Law Office of Michelle Ball, tend to get quicker responses and more cooperation from school districts.

ASK MB LAW

Q: Why is the school not protecting my son? I have complained regarding my son being abused at school, but nothing is being done. What do you suggest?

A: One of the basics of reporting complaints or wrongdoings to schools is to PUT YOUR COMPLAINT IN WRITING. Write the FACTS down and send them to the District. Who exactly you should send your complaint to may vary, but the Board of Education and Superintendent are always good bets.

Oftentimes parents complain verbally, and later when they try to prove they complained, there is no proof but their testimony. Creating a paper trail is vital to moving on to court and to getting your matter resolved. The District is much more likely to respond to a written complaint than to a verbal one.

© 2002 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IV, Issue 3

EXPULSIONS: THE URGENT NEED TO BE REPRESENTED

More than ever, student behavior at school is being questioned and addressed in an extreme way, with a recommendation for expulsion. Expulsions are on the rise, and the situations which lead to such a recommendation are often laughable, but can result in expulsion nonetheless. This is why all parents must be aware of what can lead to an expulsion recommendation, and what they should do.

Earlier this year, The Law Office of Michelle Ball sent out a newsletter outlining actions for which a student can be suspended. These included bringing a weapon to school, theft, sexual harassment, and all the usual matters. However, they also include disruption of the school environment, threats, profanity, and other less dramatic acts. These same situations can also result in an expulsion recommendation.

The first thing any parent should do in an expulsion situation is SEEK LEGAL ADVICE AND HIRE AN ATTORNEY TO ASSIST. Expulsions make up approximately 50% of the cases that The Law Office of Michelle Ball handles, and the legal assistance is warranted. Often, parents do not understand what an expulsion means, what their rights are, or the effect an expulsion will have on their child. Having an attorney can give a parent a distinct advantage. As such, a parent MUST seek legal counsel and advice.

Why should a parent worry about an expulsion? Because it is a permanent mark on your child’s record which may come up when they enter a university, or if they try to enter various professions, including law, civil service, and the military. Additionally, if your son or daughter is expelled, they will be removed from the regular school environment for 1-2 semesters. Then, if they do not meet the requirements of the school board imposed “Rehabilitation Plan,” they may never return to that District. They instead will attend the local continuation school, or if they are lucky, a parent may find a private school or neighboring district to take them in (usually unlikely).

Many parents think that they can just walk in and win an expulsion hearing. Unfortunately, this is not the case. The hearing is in front of school district employees, who, in our experience, already have their minds made up.

When an education attorney gets involved, they can order student records, can review the files for procedural errors which may make the expulsion invalid, can gather witness statements, and can negotiate with the District and/or their attorney to reach the best possible resolution. Sometimes, the attorney can get the expulsion dismissed altogether or overturned on appeal.
Volumes could be written on how to approach an expulsion.

Some of the situations today which could lead to expulsion would stun the average parent. For example, a student may be placed up for expulsion for saying something which their school or another student misconstrues as a threat. Or, they can be placed up for expulsion for class disruption- e.g. talking out of turn, or swearing. There have been cases too bizarre to mention brought to the attention of The Law Office of Michelle Ball, and we feel for all families involved. Our best advice is to seek legal counsel immediately. A parent cannot just let this pass or trust their district to do the “right thing.”

An expulsion will affect your child’s future, so handle it right, and hire an attorney to protect your child’s rights. There are enough people against you—you need someone on your side.

ASK MB LAW

Q: I heard about a case regarding the rights of students involved with extracurricular activities? What does this have to do with my daughter, who is in the Debate Club?

A: There was a major decision this year by the United States Supreme Court, Board of Education of Pottowotomie County v. Earls, 122 S. Ct. 2559. In this case, the highest court in the United States approved a school district policy requiring random drug testing as a condition of being involved in competitive extracurricular activities. Prior cases had limited such policies to students in competitive sports.

What this means in English is that your District can now adopt a policy requiring your child submit to a drug test prior to joining an extracurricular activity which competes, such as band, cheerleading and even Debate. However your District has to adopt such a rule prior to enforcing it on your daughter. Check your Board of Education policies.

© 2002 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. V, Issue 2

MORE AGENCIES WHICH CAN HELP YOU FIGHT ABUSE

One of the most popular newsletters The Law Office of Michelle Ball has ever written was on agencies where parents and students can file complaints. This article follows up with MORE agencies which might be useful to you!

Family Policy Compliance Office (FPCO)
United States Department of Education (USDOE)
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
(202) 260-3887
www.ed.gov/offices/om/fpco

This branch of the USDOE takes complaints concerning false or misleading records in a student’s educational files. If a District or school will not correct or remove records from a student’s files, FPCO will investigate and can obtain removal of false or misleading records.

Bureau for Private Postsecondary and Vocational Education
P. O. Box 980818
West Sacramento, CA 95798-0818
(916) 445-3427
www.bppve.ca.gov

This agency takes complaints regarding adult trade schools, vocational educational institutions, etc. and investigates alleged legal violations. For example, if you attended a trade school to obtain a computer programming degree, and that school took your money and did not deliver the program, or delivered a substandard program, a complaint with this Bureau might be in order.

Your County Grand Jury
Any County, California
(check your phone book)

Every county has a grand jury. Grand juries investigate complaints involving improper treatment by officials, along with misconduct by county or city agencies, including public schools. Allegations investigated cover a wide variety of conduct, including misappropriation, improper bidding, abuse by an official, and other improper actions. It may behoove a parent or student to file a complaint with their local grand jury if there is something awry in a public school or school district.

State Department of Education
Procedural Safeguards
P. O. Box 944272
Sacramento, CA 94244-2720
1-800-926-0648

If you have a special education child and a school district is not obeying the rules and regulations regarding special education, you could try filing a complaint with this unit, which investigates legal violations in the special education arena.

There are many options available to parents and the first thing to do when you have a problem with your school is to take action: file complaints, seek legal advice, and educate yourself on your rights.

ASK MB LAW

Q: My daughter’s cheerleading advisor has targeted her in a negative manner. She has gotten away with this before with other students who have resigned from cheer. My daughter is thinking of quitting, but we do not think she should have to quit. What can we do?

A: Sometimes a situation is encountered where there is a longstanding problem with an advisor (or teacher). Oftentimes, parents’ think the only remedy is to remove their child from the activity. However, this does not fix the problem as the advisor is still there, getting away with abuse. In fact, it may worsen the situation as the advisor may now think they were correct in their actions.

You should first attempt to approach the advisor with your daughter’s complaints. You should attempt to get the advisor’s side of the story and to reconcile the situation. If this does not work, bring your complaints to the next in command, such as the athletic director. Then, keep going up the chain of command until you get your problem remedied. Meanwhile, document everything that is happening. Having an attorney is also advisable to ensure the situation is addressed properly.

© 2003 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. V, Issue 3

REASONABLE ACCOMMODATIONS: THE KEY TO A BETTER EDUCATION

There is a very important law relevant to students with disabilities attending schools which receive federal funding (generally all public schools). This law is generally referred to as “Section 504.” It is a VERY powerful law which most parents either do not know about or do not understand.

When a student does not necessarily qualify for special education, but they do suffer from a disability which interferes with their education, they should qualify for a “504 Plan.” This Plan lays out specific “reasonable accommodations” which will be made for the student. What is reasonable depends upon the situation and the student. Generally, reasonable accommodations are those which will not cost the school a large amount of money and resources. For example, assigning a one-on-one aide would not necessarily be a reasonable accommodation, but allowing for extra time on tests would be.

To bring understanding of what Section 504 can assist with, some examples will help:

Example #1:
Mary is a 14-year-old with Diabetes. She needs multiple insulin shots per day, and needs to wear a blood sugar monitor. When her blood sugar goes too high or too low, she may appear groggy, drunk, may not be able to pay attention, or may even faint. The school has a policy that all medication must be kept in the office and that no student may carry medicine on their person. Mary needs her insulin with her.

To remedy this, Mary’s parent may request a 504 meeting to develop a “504 Plan” to address this situation. In this plan, which may be on a pre-printed form or written from scratch, the parent may ensure provisions regarding Mary’s needs are developed. Mary’s plan might address the fact that Mary can carry her insulin, might list protocol to follow if Mary exhibits signs of high/low blood sugar, may assign times when Mary can eat a snack to address blood sugar needs, may provide for extra time on tests, and other accommodations. With such a plan reviewed and understood by Mary’s teachers, Mary will function much better in school, and should not be penalized for disability-related conduct.

Example #2:
John has a permanently injured leg. His 504 Plan can address physical accommodations, including the fact John will not be penalized for being tardy, will not be required to meet the general physical education requirements, and will be assigned a special seat in class and on the bus for easy access. With these simple accommodations in place, John will have a much better school experience. Otherwise, he might be labeled a “truant” if he were late more than 3 times, or he could be forced to struggle to the back of the bus and could be injured.

In life, as with 504, it is often the little things which make the difference.

If a school district refuses to hold a 504 Meeting, develop a 504 Plan, or implement a 504 Plan for a student who has a bona fide disability, they can get in trouble for discrimination. Section 504 is a federal law and is enforced by the United States Department of Education, Office for Civil Rights.
The Law Office of Michelle Ball has helped many parents in obtaining appropriate 504 Plans. Oftentimes parents do not know what to ask for, or the District will not provide the 504 plan, or will not follow it. That is where this office comes in. We can help from the start, or help along the way. Regardless, your child’s future can hinge on this simple plan. Make sure you get this done properly, and the years ahead will be much smoother. Then your child will not fall behind due to disability-related situations which could easily be handled in advance.

ASK MB LAW

Q: I want to go visit my son’s classroom. Can I just show up and go in?

A: Generally, to visit a child’s classroom, certain procedures are followed. They usually involve signing in at the school office and obtaining a pass to be on campus. You may also be required to schedule your visit in advance to minimize disruption.

If you do not follow the procedures, you may be escorted off campus and/or the police could even be called. The formalities are ultimately to protect our children, so do not take it personally, just follow the school/district procedures to ensure a smooth transition.

If you want to volunteer in the classroom, coordinate with the teacher in charge on what days/times your help is most needed to maximize benefit and minimize disruption for all concerned. Most schools allow liberal access by parents who want to see their child’s classroom, and welcome parent assistance. Check with your school handbook and/or the school secretary regarding your school’s rules.

© 2003 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VI, Issue 1

HOT TIPS IN DEALING WITH SCHOOLS

Parents place their trust in the school system, to educate and protect their children. However, in today’s world, it is more important than ever that parents keep a sharp eye on the educational environment.

Below are some tips for dealing with the schools. Knowing and applying the suggestions will help a parent become more in control of their child’s education, and will assist in solving problems that develop.

TIP #1: BE AWARE & OBSERVE
The first thing a parent must do is to be an active observer of the school setting. They should observe the comings and goings when they are at school. They should keep an eye on who their children associate with, and should also note which school officials are visible on campus. Parents should also deputize their children to inform them daily of what goes on at school, of new developments, and of any unusual activities observed.

A sharp eye is the best tool to detect a problem at school. For example, if your son reports to you that his group of friends has recently all been suspended on various charges, this may raise a warning bell. A parent would be wise to get all the details and determine if their son just has a rebellious group of friends, or if his group is being targeted for some other reason. The first step is to keep your eyes and ears open and to just plain know what is happening on campus.

TIP #2: COMMUNICATE
Parents should also be sure to actively communicate, both with their children, and with school personnel. Communication is the KEY to resolving problems at school, and to even being aware they exist in the first place. Ask your children questions. Read the handouts, policies, and other documentation they bring home with them. Get to know their teachers, and the office staff. Being friendly, respectful, and helpful in your communications is also wise. The first step is to get to know who is in control of your children, and to ensure school personnel know you and will contact you if something is awry.

Many schools have email for their personnel, and also post information on the web regarding assignments, upcoming events, and school policies. It is important to monitor these communications and to keep up to date on any changes.

TIP #3: KEEP RECORDS
When your son or daughter comes home with a complaint, or even just an item of interest, note it down in a separate notebook. Ensure you note all relevant details, including what occurred, the date, and the names of persons involved. Also, take notes when you speak with school personnel. A record of conversations, activities, and developments can be extremely valuable.

TIP #4: KNOW YOUR OPTIONS
A parent should know their options in dealing with a school problem. These options vary widely, from calling the school, to filing a formal complaint with the school board. Review of school policies, state laws, and educational websites can be very useful. Consulting an education law attorney when there is a problem is VITAL.

Parents and students have many rights. However, an unexercised right will help no one. Thus, a parent MUST get educated, if only to understand the legal standards and what to do next. The more a parent knows, the better able he or she will be to solve problems which arise.

ASK MB LAW

Q: My daughter was suspended a few days ago, and now the school has told me that there is a “pre-expulsion” meeting being scheduled tomorrow. What is this meeting? Is this the expulsion hearing?

A: If school personnel determine that the act for which your daughter was suspended warrants expulsion, they will recommend an expulsion hearing be scheduled within 30 days. If they wish to keep your daughter off campus until the official expulsion hearing is held, they will arrange a “pre-expulsion” meeting. This is NOT the expulsion hearing.

The purpose of the “pre-expulsion” meeting is to determine if the presence of your daughter on campus would present a danger to persons or property, or would threaten to disrupt the educational process. If so, she can be kept off campus until the expulsion hearing is complete and the school board renders its final decision.

© 2004 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VI, Issue 2

WAR STORIES FROM THE FRONT LINES OR WHY YOU SHOULD HIRE AN EDUCATION LAW ATTORNEY

A parent may wonder just why they need an education law attorney to deal with something as basic as their local school system. Most parents think schools today are the same as the schools of their youths. They are not. Below are some situations which can and do occur in the public schools.

Johnny is pulled into the vice principal’s office. He is told that he has to answer a few questions. Johnny has been taught to respect authority and to answer an adult honestly. After a couple hours of “questions,” he is released into the custody of the local police. His mother is then called and told that her son is being expelled and is on his way to a juvenile detention facility.

Billy, a sixth grader, is followed around by security personnel who note down every little thing he does. This results in numerous referrals, suspensions, and other discipline. Eventually Billy is involuntarily transferred to the local continuation school, where he receives an education with which his parents do not agree.

Parent Ms. Jones is told repeatedly by school employees that she should put her daughter on psychotropic drugs. Eventually she is told that her daughter will not be allowed to return to school until she does. When Ms. Jones continues to assert her right to make all medical decisions concerning her daughter, the school sends Child Protective Services out to her home.

Mr. Brown requests his son’s records and these are never provided. He is told they are confidential and will not be disclosed. Later it turns out that the records include false and misleading statements about his son.

Ms. Smith complains regarding a group of students harassing her daughter. Nothing is done. Later, she is informed by a frantic teacher that her daughter has been beaten into an unconscious state.
The stories go on and on and on.

Since 1995 the Law Office of Michelle Ball has been advocating for students. We have heard it all. In fact, what we hear daily would shock the average parent.

It is horrifying for a law abiding parent to discover that honesty may not have been the best policy, as it led to their child’s expulsion. Or, for a parent to learn that their son should not actually have been excluded from school as he was the subject of illegal targeting and harassment.

The bottom line is that every parent must know their legal rights and should have an attorney in their back pocket to deal with the schools. Never forget that the public schools ARE the government and that they have great power and influence over our children’s lives and futures. Parents have powers too, including the power to use the law to their benefit and to fight back.

Have someone on your side. The schools have thousands of employees on their side, shouldn’t you have at least one?

ASK MB LAW

Q: I want to monitor my local school board, as I may become a member soon. What are my rights?

A: Access to public boards is regulated by the Brown Act. This act sets forth protections to ensure that public boards provide proper notice, and that the majority of their meetings may be accessed by the public. You have a right to attend school board meetings and to address the board. You also have the right to tape record, or even videotape, the public portion of the meeting.

It is a great idea to become a board member. School boards are the top dogs in local school districts and can create negative or positive changes for the district they represent. If a parent has a problem, they may want to become part of the solution by becoming a board member or bringing concerns to the school board.
All names and situations are fictional and for the purpose of example only.

© 2004 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VI, Issue 3

A PARENT’S LITTLE HELPER: THE IMPORTANCE OF DUE PROCESS MEDIATION

Parents of special education children have many difficulties with the public schools. One way to solve those problems is to request a due process hearing, which may be preceded by a very valuable mediation process.

A due process hearing is an administrative procedure (not a court action) to resolve a special education dispute. Opting for pre-hearing mediation may be wise, as a dispute can be resolved without the necessity, or expense, of a full-blown hearing.

The basics can best be understood by example: Jane is a student with severe disabilities. She is, however, very bright. Her disabilities translate into communication and writing difficulties.

When she first entered the public schools, Jane’s disabilities were not yet diagnosed, and she was placed into a regular classroom. Although she spoke well, she was unable to complete tests or homework in the usual time, or with the usual amount of effort. Jane’s parents eventually had her assessed by the school district.

Jane qualified for special education. She was moved to a “non-public school” with special children and teachers. By the end of her first year, it was evident that the school was not an appropriate place for Jane. The district moved her to another school, but she still was falling behind.

Jane’s parents sought out an independent assessor, and had Jane evaluated. The district balked at the expert’s recommendation that Jane be placed in a regular classroom with a full time specially-trained aide, and that she receive 3 hours per week of occupational therapy.

After several sleepless nights, Jane’s parents sought out an attorney and requested a due process hearing. Rather than proceed directly to hearing, they opted to attempt mediation first. Although their attorney encouraged them, Jane’s parents did not have much hope of reaching resolution.

On the mediation date, Jane’s parents, their attorney, district representatives, and the mediator all met at the district. After both sides summarized their concerns, the parties were split up into different rooms. For the rest of the day the mediator diligently went back and forth between the district and Jane’s family attempting to find points of agreement and to settle the case.

By the end of the fourth hour, the district agreed to place Jane back in her home school and to provide 1 hour of occupational therapy per week. By the fifth hour, Jane’s mother was very upset and was ready to go home as everything seemed to be falling apart. By the sixth hour, miraculously, an agreement was reached. Jane would return to a regular classroom, would receive 2 hours per week of occupational therapy, and would have a one-on-one aide during her core classes.

Both the district and Jane’s family were happy about the resolution. Jane’s family also knew that if the agreed placement did not work out, they could come back to the table.

Although simplified, this is often what occurs at a due process mediation. It can be a very positive experience. THE LAW OFFICES OF MICHELLE BALL has been very successful in resolving special education disputes at many levels, including at due process mediation. Do not fail to exercise your right to request due process when the time is right. Your child’s future depends on it.

ASK MB LAW

Q: My son was brought into the principal’s office and questioned without me, the parent, being present. Is this legal?

A: Yes. School officials can interview students, can question them, and can ask them to write statements about events which occurred. They can even release your son to the police, and call you afterwards.
You should discuss with your children what they should do if they are ever called into the office. For example, they should ask to call their parent before proceeding. They may also want to request another individual whom they trust at school be present, such as their counselor. You can also put something in their file informing the school that you wish to be present if your child is to be interviewed.

Fictional account and name.

© 2004 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VII, Issue 1

COMMUNICATION AND INVOLVEMENT: TWO KEYS TO ACADEMIC SUCCESS

The public schools are responsible for educating students. But what does that mean? Classrooms are full of students functioning at a variety of ability levels. For many students the regular cookie-cutter classroom is acceptable, and they proceed year-by-year. But, how do we help ensure our children make it through and that they maximize their potential?

One rule which has served us well: never presume that something is as it appears. In other words, do not assume that just because a student looks like he understands what is going on, or says he is doing all of his homework, he does understand or that he did his work.

How do we get around appearances and achieve true progress? There are many ways, but two are absolutely critical: increased involvement and communication. The more a parent knows, the better. A parent can increase the education of their child merely by being on a first name basis with teachers and keeping up to speed on their child’s academic progress. This can be through email, through volunteering, through taking teachers to lunch, or through some other way of being involved.

The bottom line: communication is key. No parent should wait to hear from a teacher on their child’s progress, as that may mean bad news. Rather, they should proactively contact teachers to keep track of what is happening with their child’s education. For, if a parent does not ask, they may not know until it is too late. And, once a child falls behind, it may be very difficult to catch up. The train keeps rolling and has no time for stops.

For example, imagine a scenario where Johnny receives scores of 80% on most assignments, but fails all tests. His parents may believe he has a “B” average, but due to his failing test scores, of which his parents may not be aware, his grade may actually be a “C-” or lower. No grade deficiency notice is mandated until it is obvious he is “in danger of failing,” and sometimes that is a matter of opinion. When Johnny comes home with a “D-” at the end of the year, it may be too late to figure out what he did not understand that year or to raise his grade. He may even be held back.

To add more confusion, nowadays parents are faced with numeric grading, where Johnny might receive a “1,” “2,” or other number to indicate his progress in lieu of a traditional grade. If he receives a “3,” and this is the lowest score, that means he is making poor progress, despite no glaring “F” on his report card.

But shouldn’t a parent be informed by Johnny’s teacher of his faltering progress? Not necessarily. Unless Johnny is “in danger of failing,” or there is a written special education plan mandating contact, a parent may never know. Because of this, it is vital that communication be frequent, that parents be on good terms with teachers, and that work is monitored.

THE LAW OFFICES OF MICHELLE BALL can help when parents are having trouble with any of these issues, including accessing the classroom, retrieving grade sheets and records, or accessing support services. Having competent advisors is vital as school personnel, although friendly, may not inform parents of all of their rights.

Regardless of the situation, the education years are precious. They go by quickly, and if a student falls behind, they may never catch up. The inevitable path if a child is not monitored and their progress maintained, could be one of sorrow, heartbreak, and a future of hard knocks. Do not let this happen to your child. Get and stay involved and seek out competent advisors to assist in the process when needed.

ASK MB LAW

Q: My son is having problems at his home school. I want to move him next year for a fresh start. How does open enrollment apply and what is it?

A: Pursuant to California Education Code school districts are mandated to have a policy of open enrollment. Under this policy, a parent, on behalf of their child, may apply to attend any school in their home district, regardless of where they reside in that district. This means that although a child lives in the area of School A, he/she can still apply for and attend School B across town. Applications are usually mailed to families in the beginning of the calendar year for attendance during the next school year.

If too many children apply for attendance at one school, there must be an unbiased and random method developed by which pupils will be selected. Open enrollment policies will vary from district to district and you should consult your district office or the district website to review them.
California Education Code section 49067 section 35160.5

© 2004 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VII, Issue 2

EXCITING NEWS! SCHOOLS CANNOT FORCE YOU TO DRUG YOUR CHILD AS A CONDITION OF ATTENDANCE

Who can "make" you drug your child? We all know doctors can recommend medications, but can a teacher order you to medicate your child for unacceptable behavior or else? Can your child be excluded from public school if he or she is not placed on mind altering substances? The answer across the United States thankfully is now a resounding "NO!"

On July 1, 2005, various legal changes to the Individuals with Disabilities Education Act (IDEA), the main federal special education law, went into effect. One significant change is that in all fifty states, schools can no longer require that a child obtain a prescription for a controlled substance (e.g. regulated drug) in order to attend school, receive a special education evaluation, or receive special education services. To some of you, it may be surprising this law would even be relevant. To others this is a miracle, due to the immense pressure you have faced at school to drug your child as he or she does not fit into the school's expectations.

This is an important issue as THE LAW OFFICE OF MICHELLE BALL is aware of parents who have had their medical decision-making right overpowered by schools. Parents can face threats that if they do not drug their child, he or she may not be able to continue in that school, or that program, or with that teacher, etc. Believing they have no other choice if they want their child to continue attending school, a parent under such pressure may buckle. Pressure usually arises when the child has some behavior which the school is unwilling to control. Hence the personnel recommend, and sometimes insist, that mind-altering psychotropic medications be ingested. Such a requirement is not appropriate. When a parent is told they cannot bring their child back to school UNTIL that child is placed on medication, this could be construed as an involuntary transfer or an expulsion, neither of which are supposed to occur without proper procedure being followed. Insistence on drugging
does not happen in all schools, or with all personnel, but the fact that it happens at all is disturbing. There are of course times when a parent's decision regarding their child's medical issues may be superceded, but this cannot be done by the school alone. For example, a parent's refusal to medicate could be superceded by court order, or by the parent with 51% legal custody, or if a child is a ward of the court. THE LAW OFFICE OF MICHELLE BALL does not interfere with a parent's right to make medical decisions for their children. However, parents should know that placing their child on a controlled substance is not always the only option available. We strongly recommend parents get a second medical opinion prior to using medications beyond the usual antibiotic. This second opinion is particularly emphasized when medicating to fix some behavior categorized by others as "not normal." Parents should also always do their own independent research and keep their own counsel regardless of external pressure. We are very concerned regarding these issues and believe it shows a sorry state of affairs when a parent has to hire legal help just to stop the pressure to drug coming from their child's school. If you are being pressured or threatened with action or a denial of some benefit merely because you will not place your child on drugs, call THE LAW OFFICE OF MICHELLE BALL. Legal assistance may be required to bring the situation to an end.

ASK MB LAW

Q: My son is being involuntarily transferred to a continuation school. Can I fight it?

A: Yes. Per Education Code section 48432.5 if a district wishes to transfer your son you have the right to request a meeting with the district prior to the transfer. At the meeting you should be told the reasons for the transfer, can inspect all documents, and may question evidence and witnesses. You can also present evidence on your son's behalf. A decision to transfer must be based on the fact that your son committed a suspendable offense or that he has been habitually truant or irregular in attendance. Other means of correction should be attempted prior to such a transfer UNLESS your son presents a danger or threatens to disrupt the instructional process if he remains. You should get a written decision if the transfer proceeds, with the reasons supporting the transfer.

Please submit questions for future newsletters to The Law Office of Michelle Ball, Attn: Newsletter Editor, 717 K Street, Suite 228, Sacramento, CA 95814. Each question will be evaluated for appropriateness and may appear in a future issue. If you are having problems with your school or school district, call The Law Office of Michelle Ball to set up a consultation. Do not let the schools trample on your legal rights! CALL 916-444-9064 NOW!

© 2005 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VIII, Issue 1

BASIC RULES FOR HANDLING SCHOOL ISSUES

A lot of valuable information has been accumulated since THE LAW OFFICE OF MICHELLE BALL was born in July of 1995. This article is to pass on just some of the basic premises which can help parents and students solve school issues more successfully.

TAKE ACTION
The first basic is merely to take action and do something to address a situation. This sounds obvious, but it can be difficult with our busy lives. Time does not heal all wounds, and if you do not take action, the problem will not go away on its own. If all parents and students acted, the schools would change dramatically.

PUT IT IN WRITING
The next basic rule is to put any complaint or concern in writing. This can be in the form of a simple letter, or can be presented on a formal complaint form. Anything you write should be completely factual. Once written, your document can then be forwarded via fax and mail (preferably both), or even hand delivered. We do not recommend email for this task as email is very informal. Always ensure you put your concerns in a more traditional written format. The importance of putting a complaint in writing cannot be overstressed. A good description of a situation, with
actual facts, names, dates, and other specifics, is invaluable. It creates a record which cannot, or at least should not, be ignored. If it is, a parent has proof that they put the school or district on notice on a specific date and time. This can help later if things do not resolve amicably or easily.

SUGGEST A SOLUTION
If you have a proposed solution to your school problem, communicate it! We may presume that others think like us, but that is not necessarily the case. So, if you have ideas on how to correct the problem, tell the school. This should be in written form, preferably in an easy to follow list, so that the school or district can respond to each request you make. If you do not do this, you may not be satisfied with the solution offered. Also, just because you ask, does not mean you will get all items requested. However, it makes it more likely you will like the results. Go in with a plan to solve the problem, and all sides are more likely to win.

KEEP GOOD RECORDS
With any situation, there are facts surrounding it. Document these for yourself. Talk to your kids and make a record of what is happening, with all details concerned. Although at the time it may seem like we will remember everything, memories fade. Keep good records with all the specifics (names, dates, what happened).

GATHER SUPPORT FOR YOUR CAUSE
The more support you have, the better. This can come in the form of legal support via hiring an education law attorney, by getting other parents to support your cause, or through presenting the school with witnesses.

You must try to match the firepower of the school, even in a small way, as they usually have many employees on their side. Legal assistance from an education law office, such as the LAW OFFICE OF MICHELLE BALL is usually the fastest way to level the playing field and can assist a cause greatly.

DO NOT GIVE UP
Whatever happens, do not give up on solving a genuine legal issue. This may mean that you have to call in reinforcements, hire legal assistance, make federal, state, or local complaints, or even sue the school district. However, if there is a genuine legal violation, it needs to be addressed once and for all. Never doubt that one person can change the world, and can even change the school system.

ASK MB LAW

Q: Where can I get a complaint form for a situation at my school?

A: Contact the district office and request copies of their complaint forms. You can also try locating them on the district website. The district should have forms to address different situations, but what they have can vary. Some forms they might have include a general complaint form, a sexual harassment complaint form, and a personnel complaint form. If they do not have all the forms you desire, you can still put your complaint in writing. You might also want to review the district policies on complaints. Policies should also be available at the district office, or on the district website.

Please submit questions for future newsletters to The Law Office of Michelle Ball, Attn: Newsletter Editor, 717 K Street, Suite 228, Sacramento, CA 95814. Each question will be evaluated for appropriateness and may appear in a future issue. If you are having problems with your school or school district, call The Law Office of Michelle Ball to set up a consultation. Do not let the schools trample on your legal rights! CALL 916-444-9064 NOW!

© 2007 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in The Law Office of Michelle Ball Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VIII, Issue 2

EXPULSION HEARINGS: RULES YOU NEED TO KNOW

Expulsion is a bad word. It is not a word you want to hear when it comes to your child and his or her school attendance. Expulsion can mean a student is excluded from all the public schools in his school district for up to one year, or even longer if they do not meet the expulsion terms. It is therefore VERY IMPORTANT for a parent to know the rules when going into an expulsion hearing.

Sections 48900-48927 of the California Education Code outline the laws relating to expulsions, expulsion hearings, and expulsion appeals. These are very important rules and a parent would be wise to thoroughly review these code sections.

A few of the important items relating to expulsion hearings are as follows:

1) Written notice of an expulsion hearing MUST be forwarded to the student at least 10 calendar days prior to the date of hearing.

If such notice is not forwarded timely, any punishment resulting from the hearing may be overturned on appeal. We have seen this requirement violated by school districts in the past, resulting in the expulsion being overturned at the county board of education.

2) An expulsion hearing MUST be held within 30 schooldays of the date the superintendent or principal determines a student has committed an expellable act.

This is another very important procedural requirement which, if violated, can result in discipline being reversed on appeal.

3) A student has a right to an automatic 30 calendar day postponement of his expulsion hearing, no questions asked.

A request for postponement should be put in writing, and faxed and mailed to the District official in charge of the expulsion hearing in a timely fashion. Postponements are often needed when there is a delay in obtaining evidence in a matter or obtaining legal counsel. If the student is placed in an alternative setting while awaiting the hearing, he or she will remain in that setting during the postponement.

4) A student may not be expelled based on hearsay alone.

This is a very important prohibition. Hearsay is “he said, she said” information. Often a school district will attempt to expel a student based merely on written statements. If there is no “confession” from the accused student, expulsion based on written statements alone (with no live testimony) is generally prohibited.

5) A parent may inspect and obtain copies of all documents to be used at the hearing, may question and confront any witnesses at the hearing, and may present their own evidence and witnesses.

These are important procedural rights and a student should request all evidence to be used against them early in the process. This evidence would include narratives, witness statements, police reports (if any), and other documents relevant to the matter.

6) A student may be accompanied by his or her parents and an attorney.

Having an attorney is very important to ensure that the student’s rights are defended. Oftentimes, involving an attorney early results in a negotiated outcome and the hearing itself (often a painful experience) may be avoided.

There are many more rules to understand, but knowing the above should start a parent or student on the road to understanding the complicated expulsion process.

ASK MB LAW

Q:Our school is saying my kids cannot be admitted as they are not vaccinated. What do I do?

A: In California, parents must prove their children have been vaccinated or are immune from various communicable diseases prior to entry into school, unless they receive an exemption. One way to receive an exemption is to file a letter from a physician stating it is unsafe to vaccinate the student due to a medical condition. Another way is for the parent to file a letter or affidavit with the governing body (e.g. District/school) stating that immunization is contrary to his or her beliefs. In the latter case, if there is good cause to believe the student was exposed to a communicable disease, they may be temporarily excluded until the local health officer is satisfied that the person is no longer at risk of contracting the disease.

Please submit questions for future newsletters to The Law Office of Michelle Ball, Attn: Newsletter Editor, 717 K Street, Suite 228, Sacramento, CA 95814. Each question will be evaluated for appropriateness and may appear in a future issue. If you are having problems with your school or school district, call The Law Office of Michelle Ball to set up a consultation. Do not let the schools trample on your legal rights! CALL 916-444-9064 NOW!

© 2007 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in The Law Office of Michelle Ball Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IX, Issue I

INCREASING SPECIAL EDUCATION SERVICES

An extremely common situation faced by clients of THE LAW OFFICE OF MICHELLE BALL involves special education and the denial of adequate services. What is a parent to do if the parent wants extra help or services, but the school refuses to provide them? This is a very important question.

One of the FIRST steps for any parent of a special education student (or a potential special education student) is assessment. Assessment is generally undertaken by a school district (District) when a child is entering or exiting special education, if services are changing, when requested by a parent or teacher, and otherwise when warranted. The assessment is ALL IMPORTANT to what a student does or does not receive as far as services.

For example, if a student has a speech impediment which interferes with their education, they will be evaluated by a speech therapist, who is usually an employee of the District. The assessor will then generate a report, and their findings are presented at an Individualized Education Program (IEP) meeting. It is not unusual for the recommendation to be for minimal services. For example, the speech therapist recommends 10 minutes of one-to-one speech therapy per week, and 10 minutes of speech consultation per month. That’s fine if you agree with the recommendation, but what if a parent believes their child is entitled to MORE services?

One option is to request an outside assessment at District expense. An outside assessment is an assessment conducted by a professional who is not a current employee of the District. The purpose of obtaining such an assessment is to get a second opinion. To get the District to fund such an assessment, parents have to give a legitimate basis for their disagreement with the already completed District assessment. The District should then either pay for the assessment or file for a hearing. If the District agrees to proceed with an outside assessment, they may provide the parent with a list of proposed assessors from which the parent can select. Or, the parents may bring their own list of proposed assessors and attempt to get the District to use one of them.
Once completed, the results of the outside assessment are shared with the IEP team, and services may (or may not) be increased. Parents should realize that with this process, the assessor is paid by the District, probably has some sort of history with the District, and the District has access to them during the assessment process. This may mean that the District’s opinion will weigh heavily in the assessor’s eyes, and could theoretically influence their findings.

Because of this, an alternative is for the parents to seek their own independent outside assessment, and pay for it themselves. An assessor hired by the parents may be more supportive of the parents’ views due to their lack of connection to the District. The only sore spot here is that the parents have to pay out of their own pocket for the assessment. However, if they want increased services, this may be the way to go.

Once the independent assessment is completed, the parents may review the assessment report and decide if they want to give it to the District. If the report is not supportive of any increase, the parents may be satisfied that they are getting the right amount of services already. However, if the assessor recommends increased services, the parents can take the report to the District. Then, if the District does not agree to increase the services, the parents may file for a due process hearing.

If you have a special education issue, and need to discuss what to do, where to turn, and how to get more services, please call us at 916-444-9064. We would love to hear from you!

ASK MB LAW

Q: My daughter has been verbally threatened at school and now this has turned to shoving. No one is taking action. What should we do, and when does this become something we should report to the District?

A: Anytime there are threats of harm, injuries to students, shoving, pushing, hitting, slapping, or other assaultive types of behavior, it is time to act. You must IMMEDIATELY call school officials to tell them what is going on. It is also imperative that you follow up with a written communication with names, dates, times, facts, and figures, outlining what happened, to whom, etc. This communication should be on good old fashioned letterhead (your personal letterhead) and sent to the Principal, with a copy to the District Superintendent.

Situations like these can be ignored by, or unknown to, school administrators, who can become lackadaisical about an environment which may seem mild, but is actually dangerous. Make it the school’s problem by putting complaints in writing EVERY SINGLE TIME something happens. Then, after five incidents (and five letters), there is quite a paper trail which cannot easily be ignored.

© 2008 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IX, Issue 2

THE SEVEN BIGGEST NO-NO’S WHEN DEALING WITH SCHOOLS

The Law Office of Michelle Ball has received thousands of calls from worried parents and students since it opened in July of 1995. The experience of consulting with and helping so many parents over these long years has resulted in a definite list of what NOT to do.

#1 NEVER ALLOW YOUR CHILD TO WRITE A STATEMENT WHEN THEY ARE BEING INVESTIGATED
So many of the calls we receive involve discipline, ranging from simple detention to expulsion. After fighting discipline actions for so long, one thing has become clear: students should not admit to “bad acts” in which they were involved when speaking with school officials. And, never, never, never should they write or sign a statement admitting wrongdoing. Such statements are often used against the student. In fact, a student may be expelled merely on their confession alone. Don’t help the District make their case by giving them ammunition! Make them prove it.

#2 NEVER APPROACH AN EXPULSION WITHOUT LEGAL COUNSEL
Time and time again we meet with parents who went forward with an expulsion hearing without legal counsel, and who regret the result. Once a decision is made to expel there is no “rehearing” and the decision may be difficult to overturn on appeal. It is much easier, and much wiser, to START the expulsion process on the offense with an attorney, rather than try to attack it after the fact. Expulsion is a BIG deal for the student and their future. Do not make the mistake of treating it lightly. The best results come with good legal counsel by your side from the beginning.

#3 NEVER NEGLECT TO PUT A REQUEST FOR ASSESSMENT IN WRITING
Often parents see that their children are struggling in school and want extra help. If a parent thinks their child may have some form of disabling condition affecting their education, they can request the school district assess them at no charge. However, parents are legally required to put their request in writing. It is a fatal error to not put an assessment request in writing.

#4 NEVER FORGET TO RECORD YOUR IEP MEETINGS
When a student receives special education services, “IEP” meetings must be attended to develop the student’s program. IEP is short for Individualized Education Program. These meetings and the IEP document which results are very important. Often parents report that what is offered at an IEP meeting does not make it into the IEP paperwork. As such, we strongly recommend that parents exercise their legal right to record their IEP meetings. Twenty-four hour notice must be provided.

#5 NEVER PRESUME THE SCHOOL IS WATCHING OUT FOR YOUR CHILD
So many times we meet with parents who gave their sacred trust to a school to educate, protect, and treat their child fairly, who now regret that decision. We caution parents and students to not sit back and blindly trust that everything is being done correctly or in their child’s best interest. Parents should stay involved and ensure that things are going okay at school.

#6 NEVER FAIL TO PUT COMMUNICATIONS IN WRITING
As a general rule, if you have a complaint about something, put your complaint in written form, and keep a copy. This will create a paper trail should further action be needed.

#7 NEVER PRESUME PAPERWORK IS ACCURATE
We have frequently seen student records which were inaccurate. These inaccuracies can come back and bite! This is why parents should, at least once every couple years, go and inspect their child’s school records in their entirety. Parents have a right to inspect within 5 business days of a request.

© 2008 Michelle Ball
Disclaimer: This newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in The Law Offices of Michelle Ball Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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