By Michelle Ball, California Education Attorney for Students since 1995When college issues arise, handling them can be a bear to say the least. They can range from minor discipline matters to out and out exclusion from a college or university based...
Home ยป Archives for May 2011
Friday, May 27, 2011
Tedious College Policies and Procedures- Yes You Have To Follow Them In Your Discipline, Academic, or Other Problem
READ MORE - Tedious College Policies and Procedures- Yes You Have To Follow Them In Your Discipline, Academic, or Other Problem
Labels:
College,
discipline,
FERPA,
policy,
suspension,
University of California
Monday, May 23, 2011
Does The Right To Graduate From School Mean A Student Has A Right To Walk At The Graduation Ceremony?
By Michelle Ball, California Education Attorney for Students since 1995I have been approached in the past by families of students denied the right to walk at their commencement exercise (aka graduation ceremony). They will be given a diploma, usually...
Tuesday, May 10, 2011
Video Evidence Means Schools Cannot Hide Student Abuse-- Video Of Coach Pulling My Client Aggressively By Hair Opens Door To Action
By Michelle Ball, California Education Attorney for Students since 1995
One of the top stories in my area (Sacramento, California) and apparently around the globe, is that of the female student whose coach attempted to lift her out of the water by her hair at a swim meet. The student was thereafter told that she was kicked off the swim team and stripped of her swim badges, all because she and another student swam half of their portion of a freestyle swim race. The word "overkill" seems in order.
READ MORE - Video Evidence Means Schools Cannot Hide Student Abuse-- Video Of Coach Pulling My Client Aggressively By Hair Opens Door To Action
One of the top stories in my area (Sacramento, California) and apparently around the globe, is that of the female student whose coach attempted to lift her out of the water by her hair at a swim meet. The student was thereafter told that she was kicked off the swim team and stripped of her swim badges, all because she and another student swam half of their portion of a freestyle swim race. The word "overkill" seems in order.
This incident has now gone global with internet access to the media. The man involved, Geoff Capell, has now reportedly quit his position as assistant swim coach and the head swim coach (his daughter) remains. This is BIG news and such actions can cause BIG problems for school districts.
Meanwhile, despite the situation, when I heard from the family, they were getting nowhere as far as getting the student, and her teammate who was also kicked off, back on the team. Luckily, our paths crossed and after my office got involved both girls were promptly reinstated and will be awarded their badges. This is great news. There is more to do, but I will leave that alone for now.
Meanwhile, despite the situation, when I heard from the family, they were getting nowhere as far as getting the student, and her teammate who was also kicked off, back on the team. Luckily, our paths crossed and after my office got involved both girls were promptly reinstated and will be awarded their badges. This is great news. There is more to do, but I will leave that alone for now.
This matter illuminates a change in evidence in our society by which individuals and school officials may be held accountable- video evidence. Because of the rise in phone video cameras and other devices allowing people to record everything around us, conduct which previously would have been ignored or brushed off becomes international news overnight. No longer can school officials hide from accusations which are a matter of "personal opinion," as the camera does not lie. This is good for students who may be inappropriately touched or even assaulted by school officials. If any of you remember Rodney King, he would not be THE Rodney King now were video cameras not rolling the day he was beaten by police officers.
Years ago, if a parent came to my office and said "the coach pulled my hair violently," I might have told them to file a personnel complaint and hoped for an accumulation of incidents over time to get rid of the coach. Although parent complaints do help parents to solve problems, a personnel complaint alone in no way has the IMPACT that video can have. Just look at the hair pulling by the former coach. If the student weighed 120 pounds, that is how much weight was conceivably applied to her head and hair, let alone the yank by the coach which came as a shock to the student. It was more painful then it looked. Why do adults have to act SO poorly?!
Luckily for my client, there is video involved that is now everywhere you look ("viral" as my husband likes to say) and which clearly shows the overstepping of boundaries in this matter. Without it, my client might still be off the team based on her perception of the tug versus the former coach's perception of the tug, as perception is subjective and can result in a never-ending "he said she said" feud. Video, on the other hand, is objective and undeniable, and, unless tampered with, does not lie.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Twitter: http://twitter.com/michelleaball
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
Wednesday, May 4, 2011
Teacher's Termination Upheld For Sexually Explicit Craigslist Ad Not Connected To School
By Michelle Ball, California Education Attorney for Students since 1995
Some time ago, a question was sent to me via my Twitter account regarding just WHAT is enough to get a teacher terminated. Termination is up to the individual school district involved and what is enough may be very fact specific. However, some instruction on just what a teacher can be fired for was outlined by the California Court of Appeals, Fourth District in its decision San Diego Unified School District v. Commission on Professional Competence (2011) issued this week (May 3, 2011).
In its opinion, the Court of Appeals upheld a District termination of a teacher for posting a highly explicit sexual ad on Craigslist seeking male-on-male companionship. The ad included four pictures, two of which were very intimate pictures of the teacher, while another showed the teacher's face. The ad did not reference the teacher's employment, name, nor was the ad connected in any way to the teacher's school activities. However, according to the opinion, the ad was viewed by a parent who reported it to the Principal. Later, an investigator was assigned and the teacher was terminated.
Although the ad was personal and outside the purview of daily school activities, the Court upheld the termination for "immoral conduct," and "evident unfitness." This was based in part on the activity, the fact that a parent and the Principal had seen the ad, and also based on deference to the school district as the final arbiter of who is fit to work in their district.
Also instructive on teacher termination is a prior decision by the Commission on Professional Competence (CPC) upholding a teacher's termination for failing to get her English Language (EL) certificate for 8 years, in direct contradiction to her district's orders. Her termination was upheld as she was found to have been unprofessional and insubordinate (see a summary here by the attorneys who represented the district).
Even though such certification was not legislatively mandated, the Court of Appeals for the Third District in Governing Board of Ripon School District v. Commission on Professional Competence (2009) found that school districts can impose additional requirements on their employees, above and beyond what is outlined in the law. The district in that case (Ripon Unified) was required to provide access for its EL students to its programs, but could not assign an EL student to the teacher's classroom (she was the only music teacher) due to her lack of EL training. The teacher's continued refusal to be trained got her terminated.
To be clear, I do not represent teachers in their employment law matters, but do help parents lodge complaints on teachers with districts. As such, I wanted to provide a little flavor of a couple of the issues which can get a teacher terminated, including off campus personal conduct. If a parent is having problems with a teacher, they should involve an attorney to file a personnel complaint,http://www.craigslist.org/about/sites and may want to investigate the teacher's on and off campus behaviors, as these can give a district the ability to terminate the teacher in question.
READ MORE - Teacher's Termination Upheld For Sexually Explicit Craigslist Ad Not Connected To School
Some time ago, a question was sent to me via my Twitter account regarding just WHAT is enough to get a teacher terminated. Termination is up to the individual school district involved and what is enough may be very fact specific. However, some instruction on just what a teacher can be fired for was outlined by the California Court of Appeals, Fourth District in its decision San Diego Unified School District v. Commission on Professional Competence (2011) issued this week (May 3, 2011).
In its opinion, the Court of Appeals upheld a District termination of a teacher for posting a highly explicit sexual ad on Craigslist seeking male-on-male companionship. The ad included four pictures, two of which were very intimate pictures of the teacher, while another showed the teacher's face. The ad did not reference the teacher's employment, name, nor was the ad connected in any way to the teacher's school activities. However, according to the opinion, the ad was viewed by a parent who reported it to the Principal. Later, an investigator was assigned and the teacher was terminated.
Although the ad was personal and outside the purview of daily school activities, the Court upheld the termination for "immoral conduct," and "evident unfitness." This was based in part on the activity, the fact that a parent and the Principal had seen the ad, and also based on deference to the school district as the final arbiter of who is fit to work in their district.
Also instructive on teacher termination is a prior decision by the Commission on Professional Competence (CPC) upholding a teacher's termination for failing to get her English Language (EL) certificate for 8 years, in direct contradiction to her district's orders. Her termination was upheld as she was found to have been unprofessional and insubordinate (see a summary here by the attorneys who represented the district).
Even though such certification was not legislatively mandated, the Court of Appeals for the Third District in Governing Board of Ripon School District v. Commission on Professional Competence (2009) found that school districts can impose additional requirements on their employees, above and beyond what is outlined in the law. The district in that case (Ripon Unified) was required to provide access for its EL students to its programs, but could not assign an EL student to the teacher's classroom (she was the only music teacher) due to her lack of EL training. The teacher's continued refusal to be trained got her terminated.
To be clear, I do not represent teachers in their employment law matters, but do help parents lodge complaints on teachers with districts. As such, I wanted to provide a little flavor of a couple of the issues which can get a teacher terminated, including off campus personal conduct. If a parent is having problems with a teacher, they should involve an attorney to file a personnel complaint,http://www.craigslist.org/about/sites and may want to investigate the teacher's on and off campus behaviors, as these can give a district the ability to terminate the teacher in question.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Twitter: http://twitter.com/michelleaball
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
Tuesday, May 3, 2011
Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated
By Michelle Ball, California Education Attorney for Students since 1995
Under both California and federal law, schools CANNOT make drugging kids a condition of attending school. This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs. Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.
Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity. The intolerance is large and the schools have become much more focused on CONTROL of children.
Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction. Unfortunately, the typical classroom does not work for all kids. As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated." Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?" The pressure can be intense and unrelenting.
Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior. Now, when I talk about medication, I am referring to psychotropic medication. In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."
Before looking to medication as the "answer," consider these options:
1) Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child. There are charter schools, private schools, home schools and many options other than the public schools.
2) Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3) 504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example: frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc. There are so many accommodations which can be made if behavior is impacting school, it is unbelievable. The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4) Behavior Support Plan (BSP): These plans may be developed in conjunction with the SST, 504, or special education. I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs. This is a fabulous tool to evaluate and handle behavior issues.
5) Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6) Alternative Mental Health: Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com. This site says it is "the largest site for non-drug approaches for mental health." As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior. There may be another way.
The bottom line is that parents are in charge of their child's mental health and must help them if they have issues. The school cannot force a parent to drug a child, and parents must be ready to resist the pressure. You can do it!
READ MORE - Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated
Under both California and federal law, schools CANNOT make drugging kids a condition of attending school. This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs. Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.
Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity. The intolerance is large and the schools have become much more focused on CONTROL of children.
Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction. Unfortunately, the typical classroom does not work for all kids. As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated." Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?" The pressure can be intense and unrelenting.
Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior. Now, when I talk about medication, I am referring to psychotropic medication. In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."
Before looking to medication as the "answer," consider these options:
1) Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child. There are charter schools, private schools, home schools and many options other than the public schools.
2) Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3) 504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example: frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc. There are so many accommodations which can be made if behavior is impacting school, it is unbelievable. The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4) Behavior Support Plan (BSP): These plans may be developed in conjunction with the SST, 504, or special education. I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs. This is a fabulous tool to evaluate and handle behavior issues.
5) Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6) Alternative Mental Health: Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com. This site says it is "the largest site for non-drug approaches for mental health." As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior. There may be another way.
The bottom line is that parents are in charge of their child's mental health and must help them if they have issues. The school cannot force a parent to drug a child, and parents must be ready to resist the pressure. You can do it!
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Twitter: http://twitter.com/michelleaball
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
Labels:
504,
Attendance,
Behavior,
BSP,
drugs,
Psychotropic Drugs,
school,
Special Education,
SST
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