Readmission To Public School After Expulsion

By Michelle Ball, California Education Attorney for Students since 1995

School expulsion is traumatizing and awful.  Once the worst happens and an expulsion is imposed, do students just get automatic reentry into their local school when the time period is over?  How do they return?  Are there steps?  The terms of the expulsion determine what will happen and precisely what the student must do to reenter their local school campus.

Students are expelled by their board of education after a hearing or after the student's parents sign an agreement, usually called a "stipulated (agreed) expulsion."  After expulsion, returning to a comprehensive (regular) school environment will depend on the terms of that expulsion and the student's compliance with the agreement's mandates.

When a school board imposes a school expulsion, usually there are terms that a student must meet, which are outlined in a "Rehabilitation Plan."  This student rehabilitation plan contains prerequisites the student must complete before the expulsion will end and the student may be returned to regular school.  

Education Code section 48916, discusses rehabilitation plans for students being expelled:

(b) The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order, which may include, but not be limited to, periodic review as well as assessment at the time of review for readmission. The plan may also include recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs.

(c) The governing board of each school district shall adopt rules and regulations establishing a procedure for the filing and processing of requests for readmission and the process for the required review of all expelled pupils for readmission. Upon completion of the readmission process, the governing board shall readmit the pupil, unless the governing board makes a finding that the pupil has not met the conditions of the rehabilitation plan or continues to pose a danger to campus safety or to other pupils or employees of the school district. A description of the procedure shall be made available to the pupil and the pupil’s parent or guardian at the time the expulsion order is entered.

Section 48916 requires a student's readmission if the terms are met and the student is no longer a danger to the campus, pupils or employees.

Typical terms seen in student expulsion agreements include the following:

1)  Maintain passing grades or maintain above a 2.0 or other gpa (grade point average)

2)  Attend school regularly, or maintain 95% (or other %) attendance

3)  Therapy for some number of hours or until a certain program is completed.  Parents may be able to get approval for religious/pastoral counseling to meet this requirement.

4)  No breach of school rules or federal, state, or local laws

5)  No additional suspensions/expulsions (broad or limited scope)

6)  Community service for a certain number of hours at an approved nonprofit

7)  Stay off all district properties, not coming within a certain distance 

Sometimes, schools include other terms, depending on the offense, such as:

8)  Drug test results must be negative

9)  Student must do essay or some type of project

10)  Letter from professional stating student is not a danger and/or should be readmitted.

11)  Other terms as varied as the school districts

When the student's expulsion time period  is nearing the end (date should be in the agreement), the student may petition  for readmission.  The district will require submission of actual evidence the terms in the expulsion order were met, and will make their own determination whether the student poses a danger should the student return to campus.  

If readmitted, unless the expulsion agreement names the school the student can return to, the school will usually be determined at the readmission meeting.  Sometimes expulsion agreements, particularly for drug sales or high level offenses, state that the student will never return to the prior school.

Because proof will need to be submitted to get a student back into his district after an expulsion, it is important that parents develop and maintain the records showing the student met the terms.  For example, a student needing to participate in a counseling program cannot just start gathering proof of this the week before the readmission review meeting.  Rather, they need to work on this during the expulsion period, perhaps for months, until complete.

If a student does not meet the terms of the expulsion, the consequence is that the expulsion continues.  This can mean a one semester expulsion can continue for many years, simply as the rehabilitation requirements were not met.  As such, parents need to pay attention to the expulsion order and all requirements and ensure they are not neglected.  Otherwise, the student may never return and can end up with a multi-year expulsion in their student records.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

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

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PJ needed to set the tone for peace in Ethiopia
It is with great alarm that I view the current violent conflict in Ethiopia, where I spent the spring, 2018 semester as a State Department Senior Subject Specialist. I was based at the University of Gondar, near the Tigray region from where the conflict originates, but traveled throughout the country, including to Mekelle (also spelled Mek'ele), the capital of the Tigray region. 

As a peace journalist, I am as always concerned with the news media and their coverage of the conflict. Are they accurately reflecting the situation in Ethiopia? Are they fanning the flames of conflict, or instead are they practicing peace journalism?

I called upon two of my Ethiopian colleagues to help me make sense of the media coverage. I’ve decided not to use their names, out of respect for their privacy.

First, regarding international coverage, both of my colleagues are critical of the news media. My colleague whom I’ll call Abel said, “some of the international reporting has been surprisingly incomplete and partisan. The national defense forces were engaged in respecting rule of law in the defiant Tigray Liberation Front Forces. While this was the fact many news organizations such as Al Jazeera, Foreign Policy Magazine, the BBC and The Guardian represented the event as a brink of civil war. This is totally out of context and incomplete.”

He continued, “The other dishonest news come from Reuters news agency. While the Tigrayan Liberation forces have killed more than 500 ethnic Amhara civilians in border town of May Khadra, the reporter reported as (though) they were ethnic Tigrayans and were killed the national defense force. This is totally a fake information which is aimed at disinforming the international community.”

My second colleague whom I’m calling Kaleb agreed. He said, “Most of international news are biased... This is not civil war. It is a military operation…I also believe that Tigrayan brothers and sisters are ill informed and highly influenced by TPLF’s (the ruling party in Tigray) propaganda and disinformation. TPLF has created a false narrative in the country that Amhara (the region bordering Tigray, which includes Gondar) is chauvinist.”

Media coverage by Ethiopian outlets is also a concern. At the local level during any conflict, peace journalism asks whether local media reports are flag waving, jingoistic propaganda (traditional war reporting), or whether they are more balanced and give local residents a chance to consider non-violent responses to conflict.

A quick perusal of several Ethiopian news sources reveals the prevalence of traditional war reporting. (Keep in mind that there are only a few sources in English, so this analysis is severely limited.) The Ethiopia News Agency (https://www.ena.et/en/), for example, uncritically parrots government information in stories titled “Inhabitants of Addis Ababa Express Support for National Defense Force,” “Ethiopians Honor Defense Force,” and “Reports, Footages Claiming Airstrike on City of Mekelle (in Tigray region) False.” Ethiopia Zare (https://ethiopiazare.com/) does the same in stories like “The Ethiopian government asked the international community to condemn TPLF.” One needn’t look beyond the lead of this story to divine its approach: “The heinous and reprehensible massacre committed against innocent civilians in Mykadra by TPLF is clearly a grave violation of the most basic norms of international law.”

The same jingoism can be found in at least one Tigrayan media outlet, Tigray Online (http://www.tigraionline.com/) in stories titled “Barbaric-Genocidal Ethnic Cleansing, Extreme Savagery, in Ethiopia,” “(Ethiopian leaders) Abiy Ahmed and Esayas Afewerki Planned and Started a Joint War against the Innocent People of Tigrai,” and “Ethiopians fleeing to Sudan describe air strikes, machete killings in Tigray.” This last story includes the quote, “They killed anyone who said they were Tigrayan. They stole our money, our cattle, and our crops from our homes and we ran with just the clothing on our backs.”

Instead of this traditional reporting, peace journalists would critically analyze propaganda, and instead seek to balance stories with reports from all sides. PJ stories would reject inflammatory language (“barbaric,” “innocent people,” “savagery,” “machete killings”) and instead use more straightforward, less anger-inducing verbiage. PJ would give a voice to everyday people impacted by the conflict, without exploiting them for partisan purposes. Peace journalists would also examine the source of the conflict, and lead societal discussions about potential solutions.

Peace journalism alone won’t end the violence in Ethiopia, but can help erect a foundation upon which peace can someday be built.

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Possession of Nicotine or Tobacco As Basis For School Discipline

By Michelle Ball, California Education Attorney for Students since 1995

Talk to many in our culture today about nicotine products and the public schools and you may hear:  "So what, the kid's smoking, isn't that something every teen does?"  Not really, and if they do, it should not be at school or involving school.  Tobacco or similar products cannot be stashed for a friend, thrown in a backpack to use later, chewed, smoked, or otherwise used at school, at school events, going to or coming from school, etc.  If they are, and the student is caught, the student can be suspended or even expelled.

Per the California Education Code, which outlines all bases for suspension and expulsion of students, one basis for discipline is:

A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has...

(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel*. [Education Code section 48900(h)]

This code also encompasses e-cigarettes and vape pens, and all manner of things which may fit under the "nicotine" or nicotine-like umbrella.  Note the code states that the list is not exclusive "including, but not limited to..." which means it is a wide-open code and will allow a school suspension for many products not listed.

The California legislature allows students to be removed from school and their records tarnished for simple possession or use of nicotine-type products.  The kid in the back of a class with that bottle full of brown liquid (spit from chew products) can be in serious trouble.  Or that kid with that "cool" vape pen could have his/her college entrance chances diminished if a suspension issues.  

If your child is up for suspension or expulsion for having a clove cigarette, some chew, or a vape pen, remember that alternatives to suspension should be attempted first if the offense is non-dangerous and is their first of the year (see Ed Code 48900.5).  

Have you checked your kids' backpack or pockets today to ensure none of these prohibited items are lurking in there?  If not, the next person who may tell you they are, could be the school Principal.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

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

* Betel: "an Asian plant that has leaves and red nuts that act as a drug when chewed" [per the Cambridge Dictionary] 

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Aren't mainline economists lazy?

Will markets give him the right price? 

If making Minimum Support Price (MSP) a legal right for farmers “will spell disaster in the markets, and private players will hesitate to enter into the market,” the fundamental question that protesting farmers are asking – how will the central agricultural laws then bring farmers a higher income – remains unanswered. No one is telling where in the world have markets alone succeeded in providing farmers with higher income. Nor are mainline economists daring to point out the flaws in the market reform strategy that has relentlessly pushed small farmers out of agriculture.         

Although most mainline economists, barring some honourable exceptions, and corporate activists had always treated Minimum Support price (MSP) as a barrier in price realisation for farmers and have been advocating for doing away with the monopolistic control of Agricultural Produce Market Committees (APMCs) so as to provide farmers with greater choices to market their produce, the economic rationale being suggested for dismantling a time-tested regulated marketing system falls short of any sound reasoning. To say that catering to only cereal production is ‘lazy farming’ and an outcome of ‘parochial thinking’ (as a State Bank of India research paper states) is rather unfair and speaks volumes of the inability of dominant economics to think out of the box. If Punjab farmers were indeed ‘lazy’ there is no way the State could achieve record yields of cereal crops – 51.73 quintals per hectare for wheat and 61.49 quintals per hectare for paddy – which are amongst the highest in the world.

Instead of acknowledging their stellar role, to call cereal growing farmers as ‘lazy’ actually stems from a myopic and insular thinking. As economist, Kate Raworth, author of the widely acclaimed Doughnut Economics: seven ways to think like a 21st century economist, often says that an outdated economic model of 20^th century cannot be expected to address the social and ecological problems of this century, it is high time neoliberal economists start looking beyond what is prescribed in textbooks to think and act differently. In other words, it is not farmers who are lazy but instead there exists a dominant class of ‘lazy economists’ – some economists who find it convenient to simply go by ideological prescriptions without even realising that an extraordinary crisis inflicting agriculture requires extraordinary solutions that may be beyond the reach of the invisible hand of the markets.

Even in America, free markets in agriculture are actually thriving on massive federal agricultural subsidy support. According to a non-profit -- Environment Working Group (EWG) -- the US gave $ 425 billion in farm subsidies support under various heads, including crop insurance, disaster management and conservation programmes, since 1995. And yet, despite these monumental subsidies, American farmers are indebted to the tune of another $ 425 billion. This clearly shows that even the visible hand of government subsidies has failed to make markets work efficiently for farmers.

Globally, Producer Support Estimate (PSE) broadly provides a comparable estimate of budgetary as well as various forms of subsidy support to farmers. Developed by the Organisation for Economic Cooperation and Development (OECD) the PSE provides an assessment of the share of gross farm receipts at the farm gate. Accordingly, while Indian farmers receive a negative support (or in other words are actually being taxed) by roughly minus 5.7 per cent, farmers in Norway, Switzerland, Korea, Japan, China, US, EU, Canada, Brazil, Mexico, Indonesia, Philippines, Turkey, Russia, Israel, Costa Rica and Colombia are in receipt of huge subsidy support. Norway tops the chart with a phenomenally high subsidy support of (+) 60 per cent. If this index provides an idea of the extent to which agriculture is supported in the rich countries, how can mainline economists refuse to see that markets need massive subsidies to remain afloat?    

Returning to India, amidst the raging farm legislation row, and despite loud claims being made that markets are more important for farmers than MSP, reports say most crops are actually selling at prices that are on an average 20 to 30 per cent below the MSP announced. Using the government’s own data, an interesting analysis by The Hindu showed that between Sept 14 and Oct 14, nearly 68 per cent of the market transactions for 10 select crops in 600 wholesale markets were at prices lower than MSP. In case of bajra, maize and soybean, in more than 95 per cent transactions the modal price was much below the MSP. Modal price is the average of the transactions that takes place during the day for a specific crop.

This is not the first time that modal price have remained below the MSP. Year after year, the story remains the same. More often than not, the modal price (despite its high sounding name) turns out to be no better than a distress price that markets dictate. With procurement largely remaining confined to wheat and paddy, where farmers get the benefit of an assured MSP, for most other crops farmers are left at the mercy of markets. If the markets were so efficient there is no reason why truckloads of paddy were to be transported all the way from Bihar, where APMC Act was set aside in 2006, to be sold in Punjab for several years now. This year too, as per media reports more than a million tonne of common grade of paddy have been brought from Bihar (and also Uttar Pradesh) at a price between Rs 1,000-1,100 and sold in Punjab at an MSP of Rs 1,868 per quintal. If MSP is the highest price paddy farmers can get, shouldn’t mainline economists acknowledge the importance and need for providing farmers with an assured price?    

This clearly shows that Bihar’s 2006 experiment in ushering free markets – without first framing appropriate policies, incorporating different approaches and strategies, to address the real needs -- failed to prop up agriculture. It’s a classic case of a lost decade and a half during which time millions of economically viable livelihoods were lost. It is also a classic example of how 'lazy economists' failed to seize the opportunity to make a real difference. If only Bihar had learnt from Punjab, and laid out an extensive network for public procurement, the resulting socio-economic transformation would have been phenomenal. #

The lazy economist way. The Tribune. Nov 5, 2020. https://www.tribuneindia.com/news/comment/the-lazy-economist-way-166069?fbclid=IwAR0KzlwVOFOqQkGQi5D9dNqW15nZCrAkyZ30YdiKE5BBgm8vRBoXRTuvqDs

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Filing A UC or CSU Discipline Appeal Within The College: Bases For Appeal

By Michelle Ball, California Education Attorney for Students since 1995

College punishment can come swiftly and harshly, ending with a suspension or even an expulsion for minor activities.  Even in the University of California (UC) and California State University (CSU) college systems, the discipline can be unfair and result in an unjust outcome.  As such, a prompt internal (within the college itself) discipline appeal may be warranted, IF the college provides an appeal process.

Regardless, in all cases, it is extremely critical that the student prepare well for and try to get the best outcome at their first discipline hearing, so they can potentially avoid an appeal.  

If an appeal must be pursued, it will all depend on the exact college policy.

In the UC and CSU college systems, overseen by the UC Board of Regents and the California State University system, respectively, one would think that discipline policies would be uniform in all colleges under one body, such as all UCs or all CSUs.  Not exactly.

The UC system has a statewide policy, called PACAOS (Policies Applying to Campus Activities Organizations and Students) confirming there must be a campus discipline appeal process in place on college campuses, but what that process must include, is not defined.  As such, bases for an internal appeal are set campus to campus and can vary greatly.

For CSU, the state group has Executive Order 1098 (EO 1098) which covers student discipline statewide, but which does not discuss a clear internal appeal right.  Each CSU campus and their policies have to be consulted to determine what rights exist.

CSUS (California State University Sacramento), policy, for example, mentions that:

The student shall have the right of due process and appeal in matters of student discipline...

But, the appeal rights and bases are not delineated.  CSUS also has an internal grievance process which allows students to appeal if  they feel their rights were violated.

UC policies offer an internal appeal, but can vary on the bases, so it may be easiest to look at a few for comparison.  

At University of California, Davis (UCD), the policy regarding the bases for filing a legitimate appeal with UCD state as follows:

A student... [may] file a written appeal of the decision, on one or more of the following grounds: 

1. there is no substantial basis in fact to support the findings;
2. the sanction is inconsistent with the findings;
3. there was unfairness in the proceedings;
4. or there is newly discovered important evidence that was not available at the time of the hearing. 

... An appeal may be denied, granted in whole or part, or other relief may be directed where appropriate. 

The great thing about this policy, is that there are 4 potential areas for a UCD discipline appeal, including unfairness in the proceedings, a punishment that was way too harsh, and otherwise.  Students may be able to overturn or reduce punishments lodging such an appeal.  Nothing is mentioned in the UCD policies about increasing the punishment if a student appeals.

With UCLA, there is a different, much more restrictive policy for UCLA internal appeals:

If the Dean imposes a sanction of Deferred Suspension, Deferred Dismissal, Suspension, or Dismissal, the Student may appeal the sanction, to the Vice Chancellor of Student Affairs, on the grounds that the sanction assigned is substantially disproportionate to the severity of the violation.

The UCLA policy limits students to appealing only for disproportionate punishment.  It also includes this little gem, that the Vice Chancellor who receives the student's appeal:

...may impose any one or more [additional] sanctions, even though such decision may result in the imposition of more severe disciplinary action.

This means that the appeal is not only a chance for justice and reduced punishment, but also for a harsher punishment.  This is disturbing and likely stops many students from lodging an appeal.

UC Berkeley (UCB) has a different appeal policy:

An appeal must be based on newly discovered evidence that was not available at the time of the hearing, significant procedural error, or upon other evidence or arguments which, for good cause, should be considered.

This is a much broader appeal right as it covers "other evidence and arguments" without restriction.  This could mean a wide swath of appeal arguments may be considered.  UCB has a provision that the discipline can not only be lessened or reversed, but that the matter can also be sent back for a rehearing.

The UC campuses also vary largely in timelines for internal appeals and some windows are VERY short.  Students need to pay close attention and act fast.

Which public 4 year college a student attends in California will determine if there may be an internal appeal right and/or the bases which the college will consider when a student tries to overturn a wrongful college suspension or expulsion.  Students should check the policies and get their appeals timely submitted with proper documents and evidence supporting all potential appeal bases.  If a student fails to file an internal appeal per the policies, their discipline may become final.  As such, knowing the policies of the school a student is attending is key.  

Ultimately, however, remember this: solving the matter at the first discipline hearing will avoid any internal or other appeals altogether and as such, preparing that matter well, with proper evidence, witnesses and documents proving the student is innocent, can be the most important thing to do.  

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

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

READ MORE - Filing A UC or CSU Discipline Appeal Within The College: Bases For Appeal

Students:Whether you candidate won or lost,
use this election as peacebuilding opportunity
Note: I plan to email this to all of my students as soon as we have a presidential winner.

Nov. 4, 2020

Dear Peace Studies and Peace Journalism students:

Despite the divisions and angst it has generated, the presidential election nonetheless offers us the opportunity as peacebuilders to put our craft into practice. This is true regardless of which candidate you supported.

If you supported the winner, congratulations. As a peacebuilder, I would hope that you would accept the results graciously and with humility, and not celebrate by using inflammatory language that might deepen partisan, racial, and cultural divides. Further, as a supporter of the winner, I believe it is your responsibility to reach out to those who supported the other candidate to build bridges, in the parlance of peace studies and peace journalism. During these discussions, begin with listening, and with showing empathy for the emotional impact from the election results. Let them know that your vote was cast with the best intentions, for the leader and policies you feel will be most beneficial for the country, and was not a ballot cast against the supporters on the losing side.

This difficult discussion is not optional. The father of peace studies, Dr. Johan Galtung, wrote this week on Twitter that failure to conduct these demanding conversations will lead almost inevitably to violent conflict. As a “winner,” you are uniquely positioned to demonstrate your humility by initiating these discussions.

If you supported the losing candidate, I’m sorry. Keep in mind that during your life, you will assuredly win and lose some electorally. Politics are cyclical.

Even though the results seem very personal, I believe that they are not. Sure, there are obnoxious forces on both sides who do vote with malice in their heart—racists, xenophobes, homophobes, haters of Christians and rural Americans, elitists, etc. But I believe that 99% of us vote with the best intentions, not intending to personally harm anyone. Some of these good intentions arise out of ignorance and social and geographical isolation, and offer an opportunity to you as a peacemaker to educate those around you about our diverse society. This is a chance for you to build bridges as well. Begin by listening carefully, and don’t be argumentative or pedantic.

Regardless of how your candidate performed, you can harness your anger and disappointment, or energy and enthusiasm, to build peace. Begin by looking around to find the impediments to positive peace in our society. Positive peace, as theorized by Dr. Galtung, is the attitudes, institutions, and structures that create and sustain peaceful societies. Positive peace is sustainable and built upon a foundation of justice and opportunity for everyone. Make it your mission to seek out and combat impediments to positive peace, be they structural (laws, policies, procedures) or cultural (ideology, language, traditional attitudes). Your peace activism might, for example, battle sexism or racism, or seek to expand and protect religious and free speech rights. You could also monitor and call out news media that distort and fuel the divides in our society.

In short, what will you do as a peacebuilder to plant the seeds for a sustainable, lasting peace?

We can do better—better at communicating with and respecting one another, and better at fostering positive peace. We’ll never get rid of partisanship, but perhaps we as peacebuilders can help build a society where the nastiness and bitterness accompanying our elections becomes a relic of the past.

Peace,

Professor Youngblood

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