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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. 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.

Tuesday, September 29, 2020

Medical Marijuana Administration And School Discipline

By Michelle Ball, California Education Attorney for Students since 1995

In 2020, students were granted the right to have medical marijuana administered to them in school by their parent or guardian IF formally authorized by their school district. The circumstances surrounding this potential opportunity can be confusing and if the law is not followed properly, could lead to discipline.

Per Education Code §49414.1 (aka JoJo's Law), it is up to each school board

if they will implement a policy to allow a parent to administer medical marijuana/cannabis at their schools. If there is no policy in place allowing this, there is no right to administer medical marijuana at school.

If there is a board policy, per §49414.1:

(c) The policy shall include, at a minimum, all of the following elements:

(1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils.

(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.

(3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.

(4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school.

If your child receives medical marijuana and you would like to administer it to them during their school day, check your district's board of education page to see if there may be a board policy in place. If there is, it is critical that it is read and understood as far as what exactly IS allowed.

If a parent does not follow the rules of their district exactly, the student could be disciplined. For example, if a parent just can't get to school that day, and rather than forego giving the medication, they hand the medical marijuana to the student to stick in their backpack. This is not allowed and discipline could result.

There remain laws on school discipline allowing suspension or expulsion for possession or being under the influence of marijuana, and this legal conflict has not been addressed. As such, parents may want to formally confirm that if their child is "under the influence" due to allowed medical marijuana, they will not be punished as this "influence" is medically authorized and allowed by board policy.

Parents may also want to explore a 504 Plan or Individualized Education Program (IEP) to see if the medication use or administration options (and other supports) may be addressed in one of these plans.

There is still a lot of confusion surrounding medical marijuana at school, and students get punished for matters relating to cannabis very frequently. Be sure your child won't.

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

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. This blog may not reflect the current state of the law.

Friday, July 10, 2020

Special Education After Coronavirus- Steps To Take To Try To Recoup Services And Regain Lost Skills

By Michelle Ball, California Education Attorney for Students since 1995

As the months of Coronavirus destruction of life as we know it roll on, it is clear that not only have lives been destroyed, but also that the educational lives of our children have been crushed. This is especially true for special needs kids, who have been shoved home and largely forgotten about as far as the level of support they may need to access and advance in their education. With the fall approaching, and some schools reopening for physical classes, or a hybrid model of in-class instruction and online school, it is time to think about how to recover from the near-destruction of special education services this past time period.

Although no one has the answers on Coronavirus, what will happen, what may happen, and what parents may be entitled to in the future after a denial of their legally-mandated special education services, there are a few things that parents may want to do:

1) Review their child's IEP (Individualized Education Program) and/or 504 Plan document and list out all the services the child should have been receiving and the dates those services stopped.

For example, if a student was to be receiving 30 minutes per week of speech and language services, this should be noted down. Did they also lose out on a specialized classroom, or behavior instruction? Put it all down. Note when the service should have continued through (e.g. May 31, 2020) and when it actually stopped (e.g. March 15, 2020).

2) List out all the services that were missed.

On the speech and language example, if a student had no speech and language from March 15 through May 31, 2020, the student should have received approximately 11 sessions of speech and language, for a total of 5.5 hours of service.

3) Figure out what services were actually provided, albeit via distance learning.

4) List out all the goals that the student was working on for all areas and see if there are any updates on their progress on the goals from service providers or the school. Some schools provide zero quarterly updates, and some provide periodic updates listing the status of the goals. Parents need to know what the goals in place are and where the student is on accomplishing their goals, if possible. It may be tough to really determine where a student is on a goal, however, if they have not been in school. Parents can only do their best.

5) Gather all the work the student did, as well as all email or other communication between the family and school or providers about the child during the Coronavirus exclusion, and get them into date order so it can be clearly seen what was represented would be provided, or not provided, and what was actually provided.

6) Pull up the child's report card and lists of assignments for each class, showing points awarded and points possible during the last semester and see what the student was assigned, what they actually turned in and the points they received. Do the points they received evidence the student was at the level they are supposed to be? Often lists of points tell a story about the student, their weak and strong areas, and their trouble spots.

These actions should give parents a good understanding of what was supposed to be provided, what was actually provided, and where the student may be as far as learning and goals.

There is a question on special education and what parents and students will be entitled to when they return to school or if schools will just get out of their obligations due to Coronavirus. It is uncertain, but needs to be approached by parents if they want to have a chance to recoup. Things will go faster for parents if schools will physically reopen versus remaining on virtual learning, simply due to the mechanics of services being delivered.

Parents should attempt to determine what may be needed to bring the student up to where they would have been had school been in session. Services to accomplish this goal should then be sought. This is hard to quantify, but parents may want to bring the literal hours missed to the school first (e.g. they missed 5.5 hours of speech) as a starting point. However, school districts don't necessarily have to provide hour for hour make-up time.

Ultimately, what may be required if the schools don't get out of this obligation due to a health emergency, are services to bring the student up to where they would have been had this debacle not occured. This is hard to evaluate and it is possible outside experts may have to be brought in to determine this (e.g. a licensed speech and language therapist). Services provided to make up loss may be in a smaller or larger amount than what should have been provided had schools remained open. Services are really based on what the student needs to be brought whole again. These services are sometimes called "compensatory" services, as they compensate a family for lost education.

In its "Fact Sheet:Addressing the Risk of COVID-19 in SchoolsWhile Protecting the Civil Rights of Students" released March 16, 2020, the United States Department of Education wrote in discussing the special ed issues from Coronavirus:

The Department understands that there may be exceptional circumstances that could affect how a particular service is provided. If a student does not receive services after an extended period of time, the student’s IEP Team, or appropriate personnel under Section 504, must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.

[emphasis added]

This appears to confirm an affirmative obligation of schools to act to provide compensatory services to students who lost skills during this time. Offering compensatory services has started happening outside California, for example in Louisiana where the state is taking a proactive approach. I am not sure that California schools will take on this issue or offer compensatory services without being asked by parents first.

How hard the districts fight or if they are able to wiggle out of compensatory services is yet to be seen.

Regardless, parents need to start looking at this and take action if they want to help their children regain any skills lost during the Coronavirus school shutdown.

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

Tuesday, February 4, 2020

What is an SST aka Student Study Team and What Do They Do?

By Michelle Ball, California Education Attorney for Students since 1995

Schools seem to chug along unattended- Johnny goes to school and comes home and does his homework and on and on like a spinning wheel. Then one day, a school administrator calls and says Johnny has been referred for an "SST meeting." They then give a quick explanation about a school "SST team" which will help Johnny while you, the parent, sit confused, thinking that Johnny is really going to get some help this time, and being thankful that you got this call. But until you know what an SST meeting or team are, it is hard to know for sure how excited we should get.

So, I thought I would clear up what an SST is, the value of an SST (or lack of value), and what the results should be of an SST.

Okay- I have heard the abbreviation SST interpreted different ways over the years, but here are the most common "definitions" of this term:

- Student Study Team or their SST Plan or their SST meeting

- Student Success Team or their SST Plan or their SST meeting

- Student Support Team or their SST Plan or their SST meeting
- Supercalifragilisticexpialidocious.... wait no that's not it.

This SST team is made up of unspecified school staff, such as teachers, administrators, and others working in that system, who may (but don't have to) decide to get together at an SST meeting when a general education student is having struggles in school with his/her studies, behavior, or otherwise. This is a general education "tool" to try to assist a student, and implement some strategies to avert the student's apparent decline in school.

An SST Plan (just called an "SST") may list areas of difficulty, what the parent will do to help remedy this and minor things the school will do, with responsibility assigned generally to e.g. the "teacher."

This is great for kids that are not in special education or on a 504 (disability accommodations) plan or who don't want to be. However, the bad thing about SST plans is that they are not enforceable similar to a 504 or IEP (Individualized Education Program- special education plan). An SST is nothing if no one decides to do the steps outlined. So it is important that the staff drafting the SST are honorable and actually implement it. In other words, parents cannot go in later and say- "You were supposed to do x, y and z for Johnny per the SST!" and file some claim against the school for a remedy.

SST plans are good when the staff and school are behind them. In that case, if a student needs some additional general education support, they can help students. For example, if the plan decides Johnny needs to be checked on more frequently than others, and the teacher does this based on the SST, Johnny could benefit greatly.

I have often seen SSTs touted as things parents have to endure prior to moving to a 504 or IEP assessment, which is not legal. An SST cannot be mandated to occur BEFORE a 504 or IEP assessment proceeds at parent request.

SSTs also have no legal timelines, unless a timeline is outlined in school or district policy. In fact, any mandates for SSTs would only be found if a school district bound itself and its schools: for example, if a school board votes to implement a policy that all SST meetings will be held X number of days after parent request, that could potentially obligate them. However, in that case, the district would have to BIND ITSELF to do this.

SSTs are basically plans that are great if you have good staff that will actually follow through. Some schools do, so they are worth a shot. Parents, however, may have to help the school follow through to implement the SST to help little Johnny.

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

Tuesday, July 10, 2018

The Importance Of The Chronic Illness Form When Your Child Is Sick

By Michelle Ball, California Education Attorney for Students since 1995

Life may seem rosy for most California public school kids as they can attend school and are there for most of the material, homework, tests and other school activities. However, if you find your child is missing a lot of school due to a long term illness and attendance is becoming an issue, completion of a "Chronic Illness Verification Form" may help protect your child, as well as you, from truancy and other issues.

Truancy laws in California can be very heavy handed and allow punishment for a student with 3 unexcused absences and/or who misses more than 30 minutes in a day without valid excuse (Ed §48260). Although most schools allow students to miss 3 days without a doctor's note, and only parent verification of illness, the fourth day means a mandated visit to a doctor just to get a note. If the parent does not get this note for that day and days following, the student may be stuck with an unexcused absence. Three of these unexcused sick days (days beyond what the school allows a parent to excuse) without a doctor's note may may mean the student is labelled a "truant."

What happens if the child has an illness which keeps them out for a week at a time, and a doctor visit won't alter this (as it is a chronic condition such as cancer, heart condition, debilitating stomach or pain issues, etc.)? The parent is still forced to drag their child to a waiting room to see a medical person, and must incur a bill for the office visit just to confirm the child is ill and receives an excused absence. This is even the case if the parent already knows their child is sick from illness, but must just stay out a fourth, fifth, etc. day of school in a row prior to being able to return to school.

Schools may not tell parents, but when a student has issues where they physically cannot attend school frequently, which are medically documented, the parent has options other than dragging their child to the doctor on the fourth day of any absence. These options are not always communicated to families by schools.

One great option for parents is to have their doctor complete a "Chronic Illness Verification Form," (link to form which opens a Word document). This form gives the parent the ability to excuse their child beyond the 3 days the schools normally allow. The preface in the form states:

"The Chronic Illness Form allows parents to excuse absences due to a specific medical condition with the same authority as a medical professional."

It may be best to ask for the school's form as a first step, but a parent does not have to wait to get this form from their school. Rather, parents can take this form directly to their child's doctor.

Once this form is completed by the medical professional, it is returned to the school, which may verify the form came from the physician. Thereafter, the parent may excuse their child for medical reasons for an extended time period without having to go to the doctor. Work missed should be able to be made up and truancy issues will hopefully not be pursued (fingers crossed as some districts try to pursue truancy for "excessive excused" absences).

Other options for help with this type of situation are Home Hospital Instruction (HHI), as well as setting up a Section 504 Plan, or even an IEP (Individualized Education Program). However, while those may be pending or even not pursued by the parent, this form can help a parent deal with a student who just cannot go to school due to their illness. It allows an already stressed parent to breathe a large sigh of relief that even though their child is very ill, at least a doctor's visit is not needed every fourth day to avoid truancy at school.

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, August 20, 2015

Why Won't The School Implement My Child's IEP Or 504 Plan?

By Michelle Ball, California Education Attorney for Students since 1995

Time and time again, I meet with parents who are baffled why their child's IEP (Individualized Educational Program) or 504 Plan (accommodations plan) is not being implemented at school. Sometimes parents do not notice for years that although their IEP or 504 has many items which are supposed to be done, not all of them ARE being done. This can be a heartbreaking discovery as lack of implementation may waste years of valuable time for a child.

Special education (both IEPs and 504 Plans fall under special education), is awash with issues like this. There are always questions of qualification and what to include in the IEP or 504. But, once the 504 or IEP is finally complete, most parents mistakenly put their minds on other things, trusting the school to follow through. Not so fast. A parent's job is NEVER EVER done when their child is in school, special education or otherwise. Rather, parents have to babysit the school and their implementation of any IEP or 504.

So many parents trust school personnel to act like the parent would in life- responsibly. Yes, teachers and staff are generally responsible adults and carry out their duties; however, there are a large portion of them who do not always do ALL that is required of them. In other words, some things get left behind: perhaps 504 accommodations or IEP implementation in the classroom?

Teachers may also lack knowledge, either because no one followed up with them after an IEP/504 meeting, or the plan got buried in their in-basket. Sometimes there is an attitude of "That is not my job," or "I am too busy with my other kids to work on this." IEPs or 504s can be poorly written as well, or so vague as to be almost meaningless. Maybe they are too dense to be easily digested by teachers, who remain confused so do not act. Schools themselves can also be disorganized and/or constantly putting out fires, thereby dropping the "small stuff." Once in a while there are staff who flat refuse to honor IEPs and 504 Plans. In all of the above, only the squeaky wheel gets attention.

Parents must remain on top of the situation to ensure their child does not get overlooked. Email to teachers and staff weekly can help ensure that items in the IEP are being implemented and can also alert a parent to problems. If staff refuse to email back or communicate with a parent, this must be addressed immediately. The obligation for the teachers to respond can be written into an IEP or 504.

Speaking with the child to see if services are being done is also important. For example, is the student being pulled out for services? Is someone working with them in class? Is the student able to go to the resource room to take tests? What should be being done at school depends on the IEP or 504 Plan.

A classroom inspection to see how things really are at school can often be illuminating. School visitor policies should be followed.

Ultimately, our trust in the schools and their competence should be earned. And it has to be earned yearly, depending on the staff involved. I have far too many times met with parents who trusted for years, only to find out their child never received a service and has deficient skills. It is very difficult to get those years back in education-land.

You make sure items are being done and implemented. You ensure your child is getting the services he/she is entitled to, and which are agreed to in his/her IEP or 504 Plan. Take an active, albeit respectful, role in your child's education so your child can win the education race, and not be left in the dust.

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, January 16, 2014

How To Prepare For And Write Enforceable 504 Plans

By Michelle Ball, California Education Attorney for Students since 1995

A 504 Plan is a key document for disabled students who may not qualify for special education. However, drafting these plans can be confusing and execution flawed due to lack of clarity. As such, it is critical that parents know how to develop a proper 504 plan with their school.

A student's 504 Plan is embodied in a written document developed at a "504 meeting" between school staff and parent(s), which classroom teachers and school personnel will thereafter be required to execute. The purpose of a 504 Plan is to list accommodations to be implemented, which will assist the disabled student to access their education equal to peers. A well-written 504 plan can truly make the difference between success and failure in school.

What is important in a 504 plan? How does a parent know the plan is "good" and will help their child? This will depend on many different factors, not the least of which is the student involved and his/her unique needs. Usually when I review 504 plans developed between a parent and school, they are extremely inadequate, often consisting of only preferential seating, vague statements, and requirements for the parent, not the school. As such, they can be difficult to enforce and may be wholly inadequate for the student.

Some guidelines I use in developing 504s are as follows:

1) Requested Accommodation List: Prior to a 504 meeting, a list of accommodations the child needs to access the classroom/learning/school should be developed. This list is valuable as a starting point and will help make the 504 meeting more productive for all. This list can be provided by parents/their attorney to the school, in advance of a 504 meeting, to ensure that all requested items can be addressed.

2) Specific Accommodations: Accommodations should be as specific as possible, so they are enforceable and verifiable. If an accommodation is not written clearly, it may be difficult to verify if the accommodation is being implemented and easy for that accommodation to be ignored. Phrases such as "as needed" by themselves can allow the teacher to determine when an accommodation is necessary, which may be never! An accommodation never implemented is valueless. Instead, more specific terms should be outlined, such as "one time a class period "or "three times every 60 minutes and as needed." The language will be fact/student dependent, but the clearer the language, the better for ALL.

3) Tailored To This Student: Accommodations must be specifically tailored to the student and his/her needs. What does the student actually need in the class, after class, on breaks? For example, if the student cannot take notes there could be an accommodation that teacher notes and overheads will be provided electronically at the beginning of the month. Difficulty focusing in class? There could be an accommodation for subtle redirection/check-ins by the teacher at specific intervals. Can the student not write down assignments? There should be a home-school communication system set up with weekly email to provide the assignments, upcoming tests, etc.

4) Legibility: Often schools try to squish a 504 and accommodations into a pre-printed form. However, this may mean accommodations are shortened, placed in size 4 font, or otherwise hard to read. An attachment page or simply a more spacious 504 document may be developed so anyone picking up the 504 can read it quickly and easily without squinting. If an accommodation is unreadable, or takes too long to decipher, a teacher may skip it, which will ensure it won't be implemented.

5) Accommodations Not Limited: Speaking of a pre-printed form, parents should know that they are not limited only to accommodations on a district's form, but may develop accommodations beyond the cookie cutter provided.

6) Accountability: Is there someone who is accountable for implementing each accommodation, such as the teacher, administrator or counselor? The parent can volunteer for some accommodations, e.g. originating an email to the teachers weekly to get a list of any missing assignments, upcoming due dates, etc. However, responsibility for execution should mainly fall on school personnel's shoulders.

7) OCR: Know what the Office for Civil Rights is and how to file a complaint with them in case the 504 is not implemented and/or the school refuses certain critical accommodations.

8) Attorney: Know a good attorney who can review the 504, help with an OCR complaint, express your concerns to the district and even accompany you to your next 504 meeting (can be very helpful for compliance and obtaining a clear 504).

504 Plans are very important and powerful documents. Don't underestimate the value of a well-written, legally enforceable plan, to your child's future and school success. There is only one shot at their education and falling behind can be problematic. As such, ensure your child's 504 Plan is specific, executable, and has the accommodations they need to succeed!

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!]

Monday, February 25, 2013

How To Qualify For A 504 Plan In School: The First Two Questions To Ask

By Michelle Ball, California Education Attorney for Students since 1995

Section 504 of the Rehabilitation Act of 1973 (aka "Section 504") is an extremely important law for disabled students. Having a 504 Plan means a student can receive many accommodations, and even services, to assist them in accessing their school and the curriculum. But, how do you know if your child may qualify?

The first step to qualify for a 504 Plan involves evaluating whether a student has a "physical or mental impairment." This alone will not qualify a student, but it is the first question to ask.

Per 42 USC (United States Code) §12102 (1)(A), qualifying physical or mental impairments are described as:

(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito‑urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

However, if a student has a qualifying physical or mental impairment, that does not automatically mean the student qualifies for a 504. The disability also has to substantially limit a major life activity, a concept defined in 42 USC §12102 (2) as:

(A)... major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) ... a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Although this blog cannot address these matters in depth, the first two questions usually are:

1) Does the student have a physical or mental impairment?
2) Does this substantially limit a major life activity?

If so, parents can request a 504 evaluation and that a 504 Plan be implemented.

A parent's battle often is in getting the school to see that a student qualifies for a 504 and then to get it written appropriately. It is well worth the battle as 504 Plans can be key in closing gaps for a disabled student to access their education.

If your son or daughter has a disabling condition as described above, you may want to explore 504 Plans and the benefits they can provide to students.

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

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

Please see my full disclaimeron 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.

Thursday, July 12, 2012

Does The School HAVE To Follow My Child's 504 Plan?

By Michelle Ball, California Education Attorney for Students since 1995

I get frequent calls from parents with children on 504 Plans (disability accommodations plans) which seem symbolic due to lack of implementation at school. Failing to follow the 504 Plan is completely and totally improper and schools can get in big trouble for ignoring 504s.

Some issues I see with 504 Plans are:

1) Poorly written (e.g. not adequate number or specific enough accommodations), or
2) Lack of enforcement, or
3) No 504 Plan.

Presuming there IS a 504 in place with some form of accommodations included, parents should not be faced with the issue of compliance with the 504 by school personnel. It should be written and done, right? Unfortunately, 504 implementation issues are common. For example, the 504 states that the student is to be seated in the front of the classroom, and the teacher refuses. Or, the student is to be given classroom notes, but these never arrive. Maybe the teachers treat the student like they are not disabled and refuse to do anything written in the 504.

A 504 is a legally binding document which sets forth items the school or district must provide and implement, period. If they do not, their conduct could be found to be discriminatory.

If 504 issues exist, parents can bring in an attorney to straighten things out. If attorney communication with the school district does not work, the parent and/or attorney can file a complaint with the U.S. Department of Education's Office for Civil Rights. Implementation of a well written 504 Plan can change a student's life at school, and can mean the difference between graduating and failing, good grades and bad.

It is very important that parents understand the importance of a 504 and know that they have the right to have the items in the 504 actually DONE at school regardless of balking teachers. Don't let your school fail your child by ignoring this important document.

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!]

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!

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/