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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.

Monday, October 22, 2018

How To Survive Public School With Less Chance Of Discipline -What You Need To Tell Your Kids BEFORE They Go To School

By Michelle Ball, California Education Attorney for Students since 1995

Over the years, I have had my eyes opened far larger than the average parent on just what can lead to school discipline due to all the terrible stories I have heard in my law practice. I often find myself trying to cram in general advice for parents on what to tell their kids so they will be less likely to get suspended or expelled. Is it possible to prevent all chance of suspension or expulsion? No. However, perhaps a little wisdom shared with your kids may help them avoid some issues.

So, here are some simple things to share with your kids, whatever age they may be, to try to prevent problems long before they start:

Things Brought to School

1) Don't bring any odd household objects to school. For example, that steak knife, or that sharp thing from your recent trip, may mean discipline.

2) Check your pants pockets prior to going to school and don't leave any multitools or pocket knives in them. Kids may go fishing over the weekend and drop a multitool with a blade into their pocket and wear the same pants to school. We don't want to bring these items to school.

3) Same goes for backpacks, purses, and anything taken to school. [Parents- check their stuff too.]

4) Never bring a weapon or fake weapon (e.g. airsoft gun), to school, for "protection" or for any other reason.

Found/Shared Items

5) Don't agree to hold anything for anyone else.
6) Don't pick up that dangerous object you see on the ground- tell an adult if you wish (parents you decide on that one), but don't touch it.

Physical Contact

7) Don't hit or stab someone with something. Even a pencil can be a weapon if used the wrong way.

8) Hands off is a great policy. And no hitting, shoving, tripping, etc.
9) Don't get in that fight- handle it another way if possible as discipline usually follows regardless of who started it.

Communication

10) Don't make fun of others for being fat, gay, from a certain country, for being male/female, etc.- this could lead to a bullying allegation and discipline.

11) Don't draw (e.g. doodling etc.) weapons, explosives or scenes of murder, decapitation, etc,. Teachers and school staff are sensitive to these.

12) Don't repeat (verbally, in writing, etc.) violent lyrics. The lyric "I'm gonna roll in and destroy you," can be misinterpreted and be a basis for discipline.

13) Don't make lists of classmates for negative purposes or say you have a "list" of classmates you don't like/want to hurt, etc.

14) Don't tell anyone you are going to hurt them, may hurt them, someone will hurt them, etc.
15) Don't say or post that you are going to damage or harm the school, students, or a school staff member at any time.

Social Media

16) Be very careful what you post, like, comment on, and what student groups you join on line. I have seen students punished for posting/liking a post that was allegedly improper and for being in a group which made fun of students.

17) Don't take or post photos with weapons or imitation weapons (e.g. air soft guns).

18) Be careful what you text/photograph/forward.

19) A "private group" is not really a private group on line. Other students (even non-members) or a parent may turn in something inappropriate. Just get your kids to understand that ultimately, nothing is really "private" on line, regardless how small the group.

20) Snapchat, despite rumors, is definitely not a safe place to post things - many kids think Snapchat means instant post then gone forever. You don't know how many times I have had Snapchat posts as a basis for discipline. People screenshot items and turn them in to schools all the time.
21) No nude photos of yourself or others. And don't pass them on if someone sends these to you.

Relationships

22) Be careful with relationships- I have many times seen girls make allegations against boys which get them in trouble, and the boys have no defense if no one else is there. This applies to all genders and all types of relationships.

Drugs/Medications

23) Don't agree to get any improper substance for anyone, for free, paid or otherwise. No controlled substances should be exchanged.

24) No possession of nicotine, vaping material, drugs, alcohol, or drug paraphernalia.

25) Marijuana is still prohibited.

26) Don't carry anyone else's prescriptions or medications.

27) All prescription or non-prescription medications (even cough drops) must be okayed by the school office, and if you want to carry them, the school must okay this. No sharing your medications.

Bullying

28) Report bullying to your parent and to the office in written/online form so there is a record.

Basics/Attendance

29) Use basic manners and common sense at school- if it feels its wrong, maybe it is.
30) A day off of school for a vacation or personal reasons (other than religious, funeral, medical or other legitimate excused), will be an unexcused absence. If you will go out of town for a vacation during school time, get advanced approval of a short term independent study contract so there are no truancy issues.

And last but not least, have a plan if your child gets called into the office on what they need to do, how they can get a hold of you (the parent) when the office won't let them call you - e.g. texting you- and what they should say or not say at the office.

This does not cover all possibilities, but it should be enough to get a productive conversation started.

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

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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Tuesday, September 19, 2017

When is School Expulsion Mandatory in California Public Schools?

By Michelle Ball, California Education Attorney for Students since 1995

School expulsion is NOT something any parent wants their child to endure. To be removed entirely from a school district to have to attend a "bad" school is not a fun process. A permanent mark is placed on the student's record which may come up later in life, including when completing college applications. As such, it is good to know WHEN an expulsion is MANDATORY for a school district. In other words, when does a school district have no choice but to recommend expulsion and thereafter expel a student?

In California there are only five categories where a public school student MUST be expelled. Please see Education Code §48915(c) for more specifics:

1) Possessing, selling or furnishing a firearm.
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault or committing a sexual battery.
5) Possession of an explosive.

These are the Big 5 offenses. IF a district can prove at the expulsion hearing (to a panel of school district employees) that one of these occurred, they are legally obligated to expel the student.

If a student is expelled under §48915(c), the only attendance option (unless negotiated otherwise) is to attend a county community school, juvenile court school or community day school (see §48915.2), which are environments most parents would prefer to avoid.

How long an expulsion under §48915(c) will continue will depend on the hearing outcome, and/or the negotiations prior to hearing. The legal maximum an expulsion under §48915(c) may continue is a full calendar year (unless there is a breach of the rehabilitation plan during expulsion which will extend the expulsion). The minimum is not delineated in code, but would likely be 1 semester and/or what a parent negotiates.

It IS possible to shorten the one year expulsion mandate and negotiate and/or receive a lesser time period, or even a different type of expulsion (e.g. suspended expulsion rather than full expulsion), but whether this is possible will depend on the student, the district and the school board. Parents will best be served by thoroughly understanding the ramifications of any expulsion and all potential outcomes, and perhaps seeing if they can negotiate a more positive outcome, prior to moving to hearing.
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

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Wednesday, February 17, 2016

Resolving An Expulsion Through Pre-Hearing Negotiation

By Michelle Ball, California Education Attorney for Students since 1995

Have you been hit by notice that a school expulsion hearing is being scheduled against your son or daughter? Should you go to hearing? How do you get rid of it? Most parents get a notice and don't do anything but show up at the hearing. However, that may not always be the best strategy.

With school expulsion hearings, there often is no "winning." Schools line up a myriad of student statements which may conflict with each other to prove guilt. The accused student's statement is ignored, along with his/her friends' statements.

When the hearing occurs, many schools do not even bring any live witness testimony to the hearing (this is a whole different evidentiary issue), and the panel evaluating the matter is made of school district employees already biased against the student. Does this sound like a fair system? Regardless, it is the system that exists for students and their parents to face.

Additionally, district expulsion panels seem to believe they are limited in what they can do as far as punishment, to expulsion or suspended expulsion, and do not think outside this very punitive box.Sometimes panels do find students innocent, but it is certainly a rare occurrence due to the stacked deck and presumed guilt.

If a student really is innocent and this can be proven, hearing may be the only option if the school won't drop the matter. However even with innocence, hearing still poses a risk no matter how good the case, particularly with difficult accusations that other students back up. Witnesses can lie or misperceive, to the detriment of the accused student.

If a student "did it" or did something which makes them culpable in some manner, negotiation options which might be open to a student pre-hearing may disappear at hearing due to the panel's potentially narrow view of punishment options and bias. Sometimes panels may be persuasively reminded of non-expulsion options but one never knows what will happen.

With most situations, parents should try to explore pre-hearing negotiated outcome if at all possible. This usually has to be sought, as the school will not generally seek out a parent to offer a negotiated outcome. Or, if they do approach parents, the school's offer is just to "stipulate expulsion" which basically means the parent signs their agreement to the expulsion proposed and no hearing will be held.

I have discussed various options in a previous post, but continue to be saddened by parents who proceed to hearing naively believing the expulsion panel will "hear them" and "understand," only to later end up in my office with a full blown expulsion having already been issued. Once that expulsion decision issues and is ratified by the school board, the only option is to appeal to the local county board of education, and there may or may not be adequate bases to support appeal.

Negotiating the expulsion pre-hearing is often a good option for students, and can result in a very positive outcome. Such outcome, even if it involves some form of punishment, may still be a victory when the potential hearing outcomes are reviewed. Attempting to negotiate generally serves the best interests of the student involved, to try to obtain the most positive outcome possible. It is certainly better than blindly showing up and hoping a panel of district employees sees it the student's way. They may, or more likely, they may not.

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

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Thursday, March 26, 2015

One More Tool To Stop Your Child's Expulsion: No Proof Of Other Means Of Correction Or Physical Danger

By Michelle Ball, California Education Attorney for Students since 1995

With school expulsions, it can sometimes seem hopeless. The school may be able to prove a child "did it," and isn't that it? Not necessarily. Schools have at least one more hurdle to jump over to expel a child in most cases (excluding the big 5 mandatory expulsion offenses): proving that other types of correction have been attempted or repeatedly failed and/or the act itself makes the child physically dangerous.

Specifically, California Education Code sections 48915 (b) and (e), require (for non-mandatory expulsion offenses) the following:

[A] decision to expel a pupil for any of those acts shall be based on a finding of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

What does this mean? This means that the school not only has to prove the act alleged occurred, but also that other means of correction would not work, have been tried and failed, OR the act itself is so heinous that if the child accused returned to school, he/she would present a "continuing danger" to the "physical safety" of themselves or others.

Other means of correction could be something like the following:

1) Behavior contract
2) Counseling
3) Education
4) Service at school or in the community
5) Suspension itself
6) A sit-down lecture/talk

...or practically anything that can be imagined to address the alleged offense.

If the allegation is that correction has already been tried by the school but repeatedly failed, a close inquiry of the prior correction attempted should be made as far as relevance to the current situation. If a kid is in trouble for theft- did he have prior theft corrective actions or not?

With the physically dangerous branch of the inquiry, the act must be looked at to see if the action makes the child physically dangerous to others. So, if the student were in a fight, brought a knife, put something untoward in another person's drink, made written or other threats, etc. the school would use this to allege the student would be a physical threat were he/she to return to school.

However, if the student is accused of something more minor, such as taking something, swearing repeatedly, or other act which shows no future physical threat, a parent can argue the student will not present a physical threat were he to return.

I frequently see this proof requirement ignored by schools with no proof of anything at hearing and a summary statement in the school documents. However, these are legal requirements. If one of these cannot be proven, even if the underlying offense can be, the student cannot be expelled (in the non-mandatory expulsion categories).

Arguments on these matters should be made at the hearing, and likely will need to be made on appeal to the local County Board of Education if the school expulsion panel/board do not seem to understand the arguments or fail in their proof. Often these questions are glossed over and really not proven in any way. This opens a door for parents to use this to their child's advantage and maybe to stop or reverse the expulsion.

Just one more weapon to arm yourself with when preparing for expulsion war.

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

Email: help@edlaw4students.com

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Wednesday, November 13, 2013

School Suspension Or Expulsion For Controlled Substances

By Michelle Ball, California Education Attorney for Students since 1995

A frequent situation facing distressed parents is when their child is placed up for suspension or expulsion for possession or sale of a controlled substance, aka drugs. Here are the basics.

What is a controlled substance? These are generally defined in the California Health and Safety Codes §11053-§11058. You can read this code at your leisure but it covers all the usual suspects, such as the typical illegals: cocaine, cannabis/marijuana, heroine, ecstasy, speed, etc., and prescribed substances, such as Ritalin, Codeine, Oxycodone and other medications.

In a nutshell, students are prohibited from carrying, storing, ingesting, passing along, or selling (etc.) controlled substances. If a student is caught doing any of the above by the school, they will usually, at a minimum, be suspended. They may be placed up for expulsion, even on a first offense. Punishment could be lessened if a student merely possesses a controlled substance for which they have a prescription, in an amount that does not look suspicious (e.g. not 60 loose pills when they only need 1 a day).

If a student sells a controlled substance, the school has no discretion and must put the student up for expulsion. The student must be expelled if the facts are proven (which is a discussion for another day). There may still be discretion in what type of expulsion a student receives even in these dire circumstances (drug sales).

A good attorney can try to negotiate the least possible punishment and may open the school district's eyes to some possibilities they would never think of in a drug situation.

What are drug sales? In loose terms: money or other item in exchange for a controlled substance, whether the student takes a profit or not.

I frequently have parents in my office saying their child did not sell drugs so they should be able to defend the expulsion easily. Here is the situation (their child is Student B):

Student A gives money to Student B
Student B gives money to Student C
Student C takes money
Student C gives drugs to Student B
Student B gives Student A the drugs
Student B does not keep money or drugs

Is Student B selling? What do you think?

Student B "Did not sell!" the parents say. "He did not profit so this is not a sale." The arguments around this are extremely weak as the student did exchange drugs for money. Such conduct can warrant a mandatory expulsion recommendation for drug sales.

Criminal charges may also not be far behind when the school district reports the alleged sales to the police.

The bottom line is that parents need to talk to their kids about not buying, selling or brokering sales of controlled substances, or they could have a serious reckoning coming. Drugs are usually pretty easy to get (or so I hear) in our schools, and the peer pressure to "help" someone find drugs, to ingest this or smoke that, can be tremendous. High school is not forever. The future awaits and it may be seriously tarnished if expulsion moves forward.

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
Email: help@edlaw4students.com

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Wednesday, September 14, 2011

School Expulsion/Discipline For Knife Offenses: What IS a Knife Under the California Education Code?

By Michelle Ball, California Education Attorney for Students since 1995

Many students are suspended or placed up for expulsion for possession of a "knife," pursuant to California Education Code 48900(b). Although what a "knife" is, seems somewhat obvious, it is specifically defined in the Education Code and the definition is important.

A sister section, 48915(g) contains the definition of a knife as it relates to suspension or expulsion. Per 48915(g) a "knife" is:

[A]ny dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

Okay- you may feel like you are somewhere back in time when trying to figure out what a "dirk" or "dagger" is, but click the links to find out. For our purposes, the two most important definitions are:

1) Weapon with a blade longer than 3 1/2 inches, and
2) Folding knife with a blade that locks into place.

This is because in my experience these are two most helpful definitions for parents.

The reason is this: if a kid goes fishing over the weekend, leaves his multi-tool, key chain, or swiss army knife with a blade that locks into place in his pants pocket, and throws those same pants on in the rush to get to school on Monday, he has a knife for expulsion purposes. It does not matter if he did not intend to bring the item to school, nor that he used it for fishing- he could be in trouble if this item is discovered. Of course, many kids, finding such an item in their pants pocket while at school, take it out, fiddle with it in class, show it to friends, or simply use it. That is a very very bad idea. In fact, even if the blade is minuscule, dull, and looks like it could not hurt a bug, if it locks, the school may choose to apply their "zero tolerance" viewpoint and put the kid up for expulsion.

If the same tool does NOT have a locking blade, that is when the 3.5 inch blade issue arises. If a blade is 3 inches long, attached to a multi-tool, and not "primarily for stabbing," this may open a door for attack. Please note: the student still may be put up for school expulsion for other reasons such as possession of a "dangerous object," but that is a story for another day.

Now, don't count on the schools understanding this nuance- it may be a matter to be raised in the child's defense by legal counsel. In my experience, it is rare for schools to listen to parents without attorneys when it comes to legal interpretations.

There is a lot more to say, but basically if a child is up for expulsion for possession of a knife, check the definition above to be sure what they have really IS a "knife." If it isn't then any discipline for a "knife" may be open to attack.

P.S. If you like my blogs, please "like" me on Facebook, and subscribe to my email updates and Youtube channel (see links up and to the right).

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/

Youtube: http://www.youtube.com/user/EdLaw4Students

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, July 5, 2011

What Happens After A School Expels a Student? Can They Still Attend Some School?

By Michelle Ball, California Education Attorney for Students since 1995

No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district actually issues?

A child who is expelled, unless an exception is made in the expulsion decision and/or agreement, may not attend any school within the district from which they were expelled. But, they still are entitled to an education. Per California Education Code section 48915(d), a student who is expelled shall be referred to a program of study which meets the following conditions:

(1) Is appropriately prepared to accommodate pupils
who exhibit discipline problems.

(2) Is not provided at a comprehensive middle, junior, or senior
high school, or at any elementary school.

(3) Is not housed at the schoolsite attended by the pupil
at the time of suspension.

What this translates to in the real world post-expulsion, is usually a move to a continuation school. If the school district has their own continuation school set up, the student is shuffled there. If the district does not, the students are usually referred to the county continuation school. These are not the places most parents usually want their child to attend, but they do work for some students in the right circumstances. The reason they may be perceived as unsavory is, ironically, the fact that all the expelled (aka "bad") students attend these schools. Most parents do not envision their children as one of "those kids" even after they are expelled.

One good thing- usually the attendance at the assigned school is not mandatory (verify with your district), so a parent may attempt to enroll their child in another district, a charter school, a private school, or an on-line school. Often an on-line school may be the only option, but the others may be worth a shot as well. When applying, a parent must tell the new school they are trying to enter of the expulsion. However, they can still attempt to persuade the school to admit the student. A letter of their own and/or authored by their legal counsel explaining the situation, how it was flawed, etc. may be helpful.

Rather than take a shot at the expulsion hearing, and risk such a placement, it is strongly recommended that parents involve an attorney specialized in education law prior to the expulsion hearing so a more positive outcome may be sought. Expulsions are a big deal- don't chance 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/