Where Should A School Discrimination Complaint Be Filed?

By Michelle Ball, California Education Attorney for Students since 1995

When a parent or student experiences discrimination in the school system, they have a choice of where they want to file for an administrative review (e.g. by a government body).  Should they pick the federal government to review the matter or should they file with their local school or college?  

There are generally two choices for non-court^∗∗ administrative discrimination complaints depending on the entity involved, one being the school or college itself, and the other being a government entity.

For a private school student, in a school which takes no federal money and is non-religious, parents and students may be able to go to the United States Department of Justice (USDOJ).  The DOJ will then determine if they may accept the matter for investigation.  A parent or student may also pursue internal filings in their private school, if available.  

For other students, the choice is usually between filing a request for investigation with the school or college or the Office for Civil Rights (OCR), in the United States Department of Education (USDOE).

Why is this a choice?

First, the California Department of Education (CDE) does NOT take discrimination complaints directly and only looks at them on appeal from a public school.  

Second, if a student files with their school or college, and the school or college says there was no discrimination, OCR will not usually review the matter other than the process.  This means the feds won't review the substance of the alleged discriminatory conduct if a parent or student already filed with their school or college and the matter was concluded (in their favor or not).

So, students and parents have to decide at the getgo where to file a request for an investigation, and it is an important determination.

My personal preference is OCR, as OCR tends to be more objective, is not afraid to find discrimination occurred (as it is not their school!), has more resources, and truly aims to get a resolution in most cases.  

How motivated do you think a school district is to find discrimination occurred in one of its own schools or by one of its staff?   

Exactly.  

This is why OCR may be the better place to start.

There is never any guarantee OCR will find actual  discrimination, but it seems more likely they will more objectively pursue the school discrimination investigation and potentially have fairer results.  

OCR can leverage the government purse against schools to obtain correction of wrongs and justice for students.

OCR does not take all complaints for investigation, so it is important for a parent or student to write the initial filing properly, file it timely, and attach any evidence which supports the claims.^∗∗

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, LinkedIn

 

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.

∗∗Administrative filings are separate and distinct from claims students may file in court and I am in no way reviewing those matters here.

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When In Doubt Go To The School District

By Michelle Ball, California Education Attorney for Students since 1995

Are you frustrated that your school's Principal or Vice Principal are not listening nor acting adequately on your school complaints?  Are you being given a blank stare when you sit in the office telling your tale?  Is your child's problem not being resolved?  When problems are not resolved at the school site, don't forget the school district.

I have sat and consoled many parents who have complained to their child's principal or other school staff about issues, such as continual bullying, targeting by a teacher, a dangerous situation on campus, issues with a student group, etc. to no avail.  The parents complain of getting nowhere, being treated like idiots or bothersome pests, and know their issues are not being taken seriously.  They are at a loss.

Often these parents do not know nor think to involve their school district.  I think some parents believe that their school district may reflect the same attitude as their school or that the district won't give the parents any help.  It is possible no help will be forthcoming, but not always the case.  Often, a school district will try to help and they can even order the school to take action.  

Yes, I do hear from some parents that a district referred them right back to the school or that the district did not get back to them, but generally, districts are separated just enough from their schools to be somewhat objective in hearing parent complaints.

So, if everything is not immediately roses at the school and you can't get anywhere, what do you do?  Here are some suggestions to get attention from the district (and maybe the school):

1)  Put your issues in writing, supporting them with specific facts and documentation (no wild unsupported accusations please), perhaps in the form of a factual summary and other attachments proving your point.

2)  Submit it to the District accompanied by a list of what you want to be done to resolve the situation.

3)  Submit in writing and cc via email.

4)  Request a meeting with the district staff regarding your issues and help with resolution.

5)  Follow up on your submission with a call if you don't hear back in a reasonable time.

6)  Politely persist until you get a meeting with the district or feel the matter has been adequately handled.

You can also formalize your complaints to the district via internal complaint forms, and can even submit personnel complaints on the school staff (e.g. Principal or others).  Be mindful, however, that if you are deciding whether to file an internal complaint (with district/school), or to file with the United States Department of Education (USDOE), California Department of Education (CDE) or even your local grand jury, there may be limitations on whether those bodies will accept a complaint if a formal complaint is already proceeding at a district.  In other words, agencies don't like to waste resources and accept a filing if another agency is already investigating.

If you get nowhere, or depending on how you want to proceed, you could also opt to get attention by having legal counsel send something in writing and/or bringing an attorney to a meeting (with advance notice).  If things ramp up when you contact a district, they will usually really ramp up when you bring in legal counsel.

Now, I won't say that all districts you contact will do the right thing, will do what you want, or otherwise, but often parents who are not getting anywhere with the school administration will make some headway by involving the higher ups at their local school district, as these folks have the power to override school staff to get the job done and the matter handled.  

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

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!]

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.

READ MORE - When In Doubt Go To The School District

Early Admission To Kindergarten Under The New Age Restrictions

By Michelle Ball, California Education Attorney for Students since 1995

You may have noticed recently that the age of students in kindergarten is increasing.  Soon, all kindergartners will be required to be 5 years old by September 1 the year they enter kindergarten.  This is because the birthday month for admission has been steadily moving backwards.

California Education Code §48000 is the culprit in this mess.  It moved entrance birthdays back from December (2011-2012) to November (2012-2013) to October 1 as of 2013-2014.  This means, to enter kindergarten in the fall of 2013, a student must be 5 years old on or before October 1, 2013.  In 2014-2015 a student will have to be 5 by September 1, 2014 to enter kindergarten that year.  

Be off by a single day and a student may not enter traditional kindergarten until the following year.  Even turning 5 on October 2 is too late.  A four year old born on October 2 who is turning 5 in 2013, won't enter kindergarten until 2014.  That student will be 6 years old almost their entire kindergarten year.   A lot of parents with advanced preschoolers are not happy.

How can a parent get around this entrance age cut-off?  No guarantees, but §48000 lays out two items which must be met for a district to consider early admission to kindergarten:

1)  The governing board determines that the admittance is in the best interests of the child, and
2)  The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

Per the California Department of Education (CDE), if the governing board agrees the student's best interests would be served by being admitted early, despite being born after the legal cut-off date, the student still would not be admitted until he or she actually turned 5 [see the CDE article "Kindergarten in California"].

Per §48000 the board needs to approve early entrance, likely by requesting a closed session review.  Loved ones' opinions alone on the child's social maturity and brilliance will not likely be enough.  Testing, professional opinions and prior instructors' support may be needed to gain early admission. 

All parents believe their child is smart and is waiting too long to move forward in their education, but what do the professionals believe?  Is the child socially ready for this placement?  What do their test scores show?  What did their preschool teacher(s) think?  These factors are important.

If early admission is granted, a school will then need to be found for the student, and it may not be the usual home school, which could be at capacity already.

If you petition for early admission, remember to start off strong and not presume anyone who asks will simply be allowed in.  It may not be that simple so make the best possible case from the start.

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

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!]

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.

READ MORE - Early Admission To Kindergarten Under The New Age Restrictions

Special Education Agencies With Acronyms Parents Should Remember - OAH, CDE, OCR, OSEP, Area Boards

By Michelle Ball, California Education Attorney for Students since 1995

There are so many special education resources for parents, I thought I would briefly explain just a few and provide links for parent use.

1)  OAH- Office of Administrative Hearings:  This is a very critical agency in California for parents.  OAH is where parents file due process hearing requests to attempt to resolve special education placement, service, FAPE (Free Appropriate Public Education), and other special education issues.  Information on how to proceed, and even a searchable opinion database can be accessed at their site.

2)  CDE - Procedural Safeguards Referral Service:  This is the branch of the CDE (California Department of Education) which takes complaints for failure to implement an IEP, procedural failures of districts and other district issues.

3)   OSEP- the Office of Special Education Programs:  OSEP is a branch of the United States Department of Education (USDOE).  OSEP is more of an advisory group to school districts and states.  However, they have many resources and do issue letters, summaries, and opinions from time to time.  These can be printed out and used as references for parents, or simply can be used to educate a parent on issues.

4)  OCR-  Office for Civil Rights:  This branch of the USDOE accepts complaints on disability (and other forms of) discrimination by schools and districts. OCR also has a huge library of information and issues OCR opinion letters interpreting the law which can be instructive.

5)  Area Boards:  Area Boards serve the developmentally disabled (DD) community as well as students with autism, epilepsy, cerebral palsy and other disabilities with manifestations similar to DD.  Area Boards provide services, education, and advocacy to qualified individuals and can fill in gaps missed by school districts.

These are just some of the myriad of acronym-wielding agencies which can be useful to parents in their special education fight for a free and appropriate education, aka FAPE.

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/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

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.

READ MORE - Special Education Agencies With Acronyms Parents Should Remember - OAH, CDE, OCR, OSEP, Area Boards