|
Please note: some of the below questions and
answers may not contain the most current information
as they were published at varying dates. Please
consult a legal advisor for the most up to date information.
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
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!
back to top
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.
back to top
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.
back to top
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.
back to top
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.
back to top
Disclaimer: This website deals with
laws applicable in California. Applicable laws in other
states may be different than listed within this website.
Any expression of opinion given in the Law Office of
Michelle Ball website is not a substitute for legal
advice; nor can it be relied on as providing a definitive
answer to a problem. Statements in this website 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. |
