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Tuesday, January 28, 2020

In House School Suspensions- What Rights Do Parents And Students Have?

By Michelle Ball, California Education Attorney for Students since 1995

There is a lot of focus in schools on the "big" discipline: out of school suspension (typically just called "suspension") and expulsion, and how to confront and handle these, but what about an In House School Suspension (IHSS aka IHS:In House Suspension or ISS:In School Suspension)? What protections apply to a student put on an In House School Suspension?

First, what is an IHSS? An IHSS (referred to in the state statutes as "supervised suspension"- see California Education Code §48911.1) is where a student commits a suspendable act, but is allowed to physically remain on the school campus during the suspension time. The student cannot attend their regular classes during the IHSS and it can extend from one period up to 5 days.

Parents often overlook IHSS as "nothing to worry about" as the child gets to stay at school and it does not impact anyone's schedules. But, these "little" suspensions later need to be mentioned as a form of suspension on various college applications, depending on the college one may attend.

Parents have rights, even with IHSS's. Here are some rights that most parents don't even know they have:

1) Right to telephone or in person notification st the time the the IHSS starts, California Education Code §48911.1(d)

2) Right to written notice of the IHSS if it will go longer than one period (although the code does not say when), California Education Code §48911.1(d)

3) Right to have an IHSS imposed only when "other means of correction" fail to bring about proper conduct. However, IHSS would not be allowed if the student presents an "imminent danger or threat to the campus, pupils, or staff," or if an expulsion is being pursued, California Education Code §§48900.5; 48911.1(a).

4) Right to a pre-suspension "hearing" where the student is presented with the evidence, and has the ability to defend themselves, California Education Code §48911(b).

5) Right to be notified of the "other means of correction" attempted during the suspension "hearing," California Education Code §§48900.5, 48911(b).

6) Right to ask teachers for work, and the teachers to provide work. If there is no work from the teachers- other work will be assigned, California Education Code §48911.1 (c)(4).

7) Right during the IHSS to have access to "appropriate counseling services," California Education Code §48911(c)(2).

8) If the IHSS was assigned by a teacher, the parents should be contacted by the teacher to set up a conference about the suspension, California Education Code §48910(a).

9) Right to appeal the IHSS if for a first time offense, and other means of correction were not applied (within certain parameters- not all are appealable on the first time), California Education Code §48900.5.

IHSS are not nothing. They are lower gradients than regular suspensions, and far better than expulsions, however, they are still a black mark on a student's record and time that a student will be out of their regular classes, which may be significant if they have finals coming up or miss difficult subjects. Parents should be aware of these and what they mean before they are thrust on their kids so they can act properly when they get that dreaded call at 1:00 on a Friday afternoon.

Best,

Michelle Ball

Education Law Attorney

LAW OFFICE OF MICHELLE BALL

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

Friday, September 27, 2013

The Suspension Extension Meeting And What To Expect

By Michelle Ball, California Education Attorney for Students since 1995

After a student is suspended from school for a serious offense, his or her parents may be informed that another meeting will take place, usually at the school district or with district officials. Sometimes schools wrongly call this an "expulsion hearing," which worries parents unnecessarily, sort of like when your child is out driving your car and a cop calls, asks if you own that car and hangs up without telling you why they asked that scary question... Rather than a car wreck, this first meeting, (unless formally noticed as an expulsion hearing with written notice mailed out 10 days prior) is only a suspension extension meeting.

A suspension extension meeting occurs during the initial suspension time period, (the first 1-5 days the student is out of school on suspension), to prevent the student from returning to school when the initial suspension concludes. This meeting usually only occurs when the Principal has already recommended expulsion and it is moving forward to hearing. [Please note: "suspension extension meeting" is not its "official" name and it can go by various titles.]

Here is what should happen at a suspension extension meeting:

1) District administrator and family meet to discuss the situation. A school official may also be there.

2) Administrator is supposed to make an actual determination as to whether the:

"Presence of the pupil at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process." [California Education Code §48911(g)]

3) If the student does not fit the above, their suspension is not supposed to be extended and they can be placed back at school or at an alternative site.

Usually what occurs is that the child and family are told:

1) Your child is up for expulsion.

2) He or she must stay home until the hearing.

3) The hearing will be scheduled and/or the expulsion hearing is on X date.

4) No determination is made regarding dangerousness, at least not with the parents input.

5) The family may also be handed any evidence gathered, but this does not always occur.

6) Sometimes the family is handed an agreement and pressured to sign it. Parents are wise to take the agreement and review it with legal counsel.

7) Sometimes arrangements are made for attendance at an alternative site/program.

A non-dangerous/non-disruptive student should be moved into an alternative educational environment for an "education" while the expulsion hearing is pending. However, sometimes administrators assert, based on another Education Code section (§48913), that no work has to be provided during suspension. I take strong issue with such a statement. The legislature never intended actually non-dangerous students up for expulsion to sit out of school for up to 30 schooldays doing nothing but twiddling their thumbs.

The one thing this meeting is sometimes good for is negotiating outcome, but to accomplish a decent outcome, usually legal counsel needs to be involved. It is not often that I see administrators offering up good deals at these meetings when legal counsel is not there. Rather, I see parents arrive at my office with cruddy deals for the worst possible punishments which they were pressured to sign or else "go to hearing!" Sometimes hearings are necessary when the only other option is terrible.

Hope this clears up the muddy waters a bit.