Do You Want Your Kids To Go Back To In-Person Education This Fall? Call, Write, Email, Contact Your District And School To Express Your Opinion

By Michelle Ball, California Education Attorney for Students since 1995

Have you been on edge not knowing if your kids will actually get an in-person education this fall due to the Coronavirus fears?  The not knowing is difficult.  Parents need to get back to work, but how can they work if their kids are at home?  And, are kids REALLY being educated if they are getting a couple hours of classes a week online?  What are they doing the rest of the day?  What can we do and what must we do if we want schools to reopen?  It's time to communicate. 

Although there are some charter home schools already set up for great distance learning which anyone can sign up for, most parents want their kids in a physical school, even now.  Yet the education of our kids has largely been thrown to the side of the road and crushed by Coronavirus.  Now kids are not getting enough education or interaction, and are isolated and alone.

The California Constitution makes education an essential right, as outlined in Article IX which states:

Section 1

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Section 5

The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.

For months we have been waiting to see what would be decided by the authorities, and if school would reopen.  Would our right to an education, as outlined in the California Constitution, be returned?  It depends on where you live and who is in charge.

I have heard from parents who have received the glorious notification that their kids have a school to go back to (if they want to send them), such as in Placer County, or in Lodi, California.  I have also spoken to parents who were told no physical school was to begin, like in Los Angeles and San Diego.  These parents scratch their heads and say that this is impossible as they have young kids who cannot be left home, and that they are not equipped to teach them.  

One family I know has a First Responder parent who has to work and who cannot watch the children, let alone educate them.  This same family informed me that their District said that they had not been contacted by parents on the issue of reopening and as a result had concluded parents were indifferent to whether schools reopened for in-person education or not.  Hardly!  Parents care!  Surveys have found that the majority of parents want their kids to return to full time face-to-face school, or at least want the choice whether they do or they don't.

Ultimately, parents ALWAYS had the choice of whether to send their kids to in-person school or not, ever prior to Coronavirus.  Parents can enroll their kids in independent study, put them in a free charter school, create a private home school, or have students attend classes in the community part time with a home/class hybrid.  We did not need Coronavirus to have these options.  Parents do not need to be forced to keep their kids home- they can decide themselves, so long as the options are available to them.  Even if schools simply reopened, all parents could still keep their kids home to pursue alternative education options if they so desired, regardless.

If parents want kids to return or at least to have the option to return, it may be time to politely and reasonably contact the local school districts, the principals, our teachers, our congresspeople, the Governor, the State Superintendent of Education, the local newspaper and anyone else who may have a say in this, and let them know.  Perhaps with enough voices, we can get the hesitant school districts to just get the job done already, after months of knowing this day was coming- to get distancing in place, to get the masks and hand sanitizer dispersed, staggered breaks set up, and get our kids back to life and learning.  It is likely a large chunk of parents won't return their kids regardless, which means less crowding anyway for the rest of the kids.

Parents have more power than they think, but only if they exercise their right to be heard and express themselves.  If schools and government officials are only hearing from teachers unions and government officials on this, kids may be at home until they are 18 and even into college with the way things are going.  Kids will always get sick, whether it's from Coronavirus, the flu, or some other bug out there, but the harm from isolation and internet all day also poses a threat to our kids and their future.  How are other countries doing this, but the USA cannot?  We can do it also.

It's time for some grass roots parent-driven advocacy.  There are millions of parents in this state and I would say that is enough to make an impression on school officials if the respectful noise is loud enough.

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, 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.

READ MORE - Do You Want Your Kids To Go Back To In-Person Education This Fall? Call, Write, Email, Contact Your District And School To Express Your Opinion

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

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, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

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

Will Lack of Social Distancing Or Threats To Touch Someone Be Suspendable and Expellable Offenses When Students Return To School?

By Michelle Ball, California Education Attorney for Students since 1995

Schools and students are in turmoil in California, with all pushed to distance education for fear of  the "invisible enemy" aka Coronavirus.  But what about the upcoming fall and the 2020-21 schoolyear?  How will students return to school in the Coronavirus "new normal" and how will school restrictions be enforced?  Imagine kids prior normal actions at school (running, hanging out, talking, high-fiving, texting, laughing, playing sports together, walking through crowded hallways) and now imagine those actions 6 feet apart.  How will schools stop kids from interacting and how will they be punished if they do not socially distance?  I am not looking forward to finding out.

It is hard to imagine kids playing on a playground and social distancing, isn't it?  Let's take a 5, 10 or even a 16 year old and try to keep them 6 feet away from their friends.  How will this work?  What about in physical education (PE)?  Will they just jog alone or play tennis?  There are innumerable questions and serious concerns on how this will be managed.  It is not hard to envision a heavy type of authoritarianism will exist in schools to enforce the new standards.  In this new "normal" what will schools do to stop kids who run within 6 feet of someone or who shake someone's hand?  Will they be suspended, or even expelled for placing someone in theorized danger?  I hope not, but I am not sure.

California students will have to navigate severe restrictions and face a new class of offenses that at this time can only be imagined, such as:

-  Being within 6 feet of another.
-  Not sanitizing properly
-  Threatening others with touching, spitting or breathing on them
-  Lying that they have Coronavirus to intimidate and scare others
-  Threatening to bring Coronavirus to school
-  Touching a friend, teacher or staff member (e.g. high-fiving, hugging, poking, bumping into someone)
-  Touching things around campus
-  Not sanitizing their desk or seat, etc. when they change classes
-  Playing in groups
-  Playing contact sports
-  Using someone else's stuff
-  Going to the bathroom when someone else is using it
-  Sitting in the wrong seat, spot or being in a place not marked with a taped "X" 

-  Not wearing a mask (if required)
-  Whispering to each other
-  Coughing or sneezing and not covering up the cough/sneeze
-  Coming to school with a fever or sick
-  Not reporting when a family member is sick
-  Posting on social media related to Coronavirus in a way that threatens students or creates a school disruption

There are no direct provisions in the California Education Code for suspension or expulsion for failure to social distance, or for students not waiting their turn, YET, but there are provisions in the Education Code for suspension or expulsion for other things that I fear may be used against kids.  

Education Code §48900:

This code section allows suspension or expulsion for many things, including threatening someone, disruption/defiance, and bullying:

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 committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:

(a)(1) Caused, attempted to cause, or threatened to cause physical injury to another person...

(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. [expulsion and suspension may be limited depending on grade level]...

(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:

(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:

(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.

(B) Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health.

(C) Causing a reasonable pupil to experience substantial interference with the pupil’s academic performance.

(D) Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

So, if a student threatens another student with coming close to a friend and "getting" them, will this mean they are threatening them with harm?  What if a student purposefully intimidates a student who is very fearful of Coronavirus?  Will this be bullying?  If a student refuses to stand apart from friends trying to play, will they be sent to the office?  What if they want to run around separately, but accidentally run into each other- will they be expelled for endangering someone?  Is this even far-fetched in the current climate of California?  Not necessarily.  This is just one more minefield they will have to navigate.

Another code section which could conceivably be twisted into a tool to punish during the Coronavirus panic is Education Code §48900.4, which states:

...a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment.

The student who threatens another daily with touching them, with being next to them on the bus, with breathing on them, could conceivably have this code thrown at them to punish.

What about Education §48900.7?  This section allows suspension or expulsion for making threats of grave harm which can be immediately carried out:

(a) ... a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both.

(b) For the purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family

One can only imagine a student saying he spit on his hands and rubbed all the doors and handles, or who did not wash his hands (or gloves if required) before he came to class, or who tells many people he has Coronavirus and will purposefully make the school sick (despite not having it), being accused of terroristic threats. 

As I frequently see kids unfairly suspended and expelled, this is just one more concern I have when kids return to school under California's strict Coronavirus control measures.  Ultimately, it will be up to the reasoned application of discipline rules to students by school administrators and the strong advocacy of parents.  Let's hope schools use their discretion to discipline wisely in the "new normal."  We shall see.

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, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Will Lack of Social Distancing Or Threats To Touch Someone Be Suspendable and Expellable Offenses When Students Return To School?

Online Learning Opens Door For More Student Punishment If Students And Parents Are Not Careful

By Michelle Ball, California Education Attorney for Students since 1995

As students have been pushed to online learning by Coronavirus, everything may outwardly seem very safe and innocent to parents, with kids attending distance classes quietly.  However, online school creates new opportunities for students to be disciplined by their school, and even suspended or expelled.

Recently, students, in addition to random hackers, have been attending online classes and (intentionally or unintentionally) making rude comments, playing inappropriate music, using fake names that a teacher may say (unaware of the rude context), playing pranks on their classes or instructors and causing other havoc which may not have occurred had they been in a "real" classroom.  Students have also appeared scantily clothed or even nude.  Some have inappropriate material, purposefully or not so purposefully, in the background of their camera which could get them in trouble, like drug paraphernalia, or inappropriate language.  Being online suddenly opens up our homes to the government, in the form of teachers and school officials.

Where before a rude joke was just to a classmate privately, that joke may now be broadcast to the entire class.  And students now suddenly have new opportunities to gain online fame for making fools of their teachers or being the most outrageous troublemaker.  Maybe before the stay-at-home order, the same student would never have imagined doing these things, but now they may feel more safe or untouchable as heck, they are already at home anyway so what would a suspension matter?    

Students forced online who cause havoc will probably receive swifter and more punitive punishments, with no or abbreviated "hearings," and no ability to properly defend themselves in person, which is a distinct disadvantage.

Additionally, now there may be an undeniable electronic record of their conduct, making it easier for school administrators to punish.  Suddenly a student with a perfect record may have a suspension they have to bring up on their college applications, all because they were stupid when they got stuck at home.

All school rules continue to apply online, regardless of where the student is.  Parents should discuss with their kids how each school rule applies and work out how NOT to misspeak or break a rule.  This may mean students ensure their name is the RIGHT name, not a prank name, before logging on, that students don't make inappropriate comments during their sessions, that nothing improper appears within view of their camera and that they mute their microphones and turn off the music when attending classes online.  Students should wear proper attire, not have drug paraphernalia in their environment, or other evidence that could be misconstrued in some way (e.g. as a threat, weapon, or illegal substance, etc.) and just make sure they look at their surroundings from the view of the camera.  

Students and parents should also be mindful that other people and conversations in their home may be seen or heard during class sessions, which is not always a good thing.  

Parents should take care of their kids now, as always, yet increase their scrutiny of what their kids are doing in this "new" school environment and beware of the rampant opportunities for students to "misbehave" (in the school's eyes) in new and novel ways during their enforced home schooling. 

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, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Online Learning Opens Door For More Student Punishment If Students And Parents Are Not Careful

How To Ensure Your Kids Get Educational Services And Don't Get Left Behind During Coronavirus

By Michelle Ball, California Education Attorney for Students since 1995

Millions of students have been impacted by the Coronavirus (COVID-19) in California and the US.  Being a student forced home with no or limited access to education has been detrimental to say the least.  The lack of instruction, increased time on social media or television, and lack of in-person socialization is changing students' lives.  How do we navigate this situation to ensure that our kids don't just languish, overlooked, waiting for help?  

As most school districts have announced closures the rest of the school year and schools will not start the 2020-21 schoolyear until August 2020, this will be a long long wait for education: roughly five months if school stopped in March 2020.

Some school districts have done very little, and students have not received books, have no online lectures or instruction, and have not heard from their teachers.  Some districts are doing more, but it is very slow.  Even in a "perfect" online situation, there will be dramatic limitations due to the digital format.  It is also likely that despite many great educational resources online, the majority of students will be dependent on their local schools for instruction, assignments, materials and otherwise.  

Students are now truly just a list of names or a picture on a computer.  

To get any attention or help, parents and students will need to step up, taking appropriate action to get services for their languishing kids.

I have always promoted to parents to put all requests and issues in writing when communicating with a school on student needs or problems.  With email, putting things in "writing" is easy.  A nice handy record is always developed.  This can be good and bad depending on how someone communicates, so always keep your manners in when emailing.

Emailing and/or sending formal correspondence to schools regarding student grading, materials, instruction, access to education and issues is even more important now.  

Any written request needs to be clear, organized and have certain elements.  For example, an email should ensure the "RE:" line is clear, and that in the body of the email the student is identified properly with their name, student ID/date of birth, as appropriate, school, grade level, and that the needs and issues are outlined, with the exact requests listed.  It is always easiest to get what you want if you ask for it first.  Otherwise, schools will create their own idea of what you want, or do nothing at all.

It should also be sent to the appropriate parties, including perhaps the Principal, teachers, and maybe even someone at the school district, as appropriate.

It cannot be understated how important professional communication outlining the issues, needs and desired outcome is for parents, particularly when many are vying for attention.  Without this, schools may not even reply to an email.  They are presumably pretty busy, and won't know what to do with an email that says "Help me, my son is at home doing nothing," but may reply to one with the parent name, student name, school, grade, current classes, what the student is doing and what the student needs from the school right now.  Clear communication is vital.  

If the school fails to follow-up, additional communication should be sent, and maybe even via regular mail or facsimile (if available).  Higher ups should be contacted as needed.

Some of the things parents should be asking for, could include:

1)  School textbooks
2)  Other materials needed for classes
3)  Assignment lists and due dates
4)  Instructions for those assignments
5)  Teacher notes and overheads
6)  Video or live instruction in all subjects, preferably daily at the same time a student normally had a class 
7) Technology that the student may be lacking to access their education
8)  Instruction on any technology a student may need to access their education
9) Tutoring on-line for all classes as needed and hours for such
10)  Policies on due dates, methods of turning assignments in, any grace period for turning work in, and any changes to the class grading policies
11)  Testing instructions, including when that will occur, and if it will be open book
12)  Any other item the student may be lacking to receive their education.

And remember, public school education is supposed to be free, so these items should be free of charge.

It is really important that our kids, who are now digital images, don't get lost or forgotten.  Inevitably, many will.  Many will not get materials or assignments.  Others will never do anything they are sent.  Still others won't ever be able to access any instruction that may be available or won't understand it.  It is critical that parents step in to help them or they may be severely damaged by the Coronavirus situation and forced exclusion from school, even if they never become physically ill.

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, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - How To Ensure Your Kids Get Educational Services And Don't Get Left Behind During Coronavirus

The Bright Side: Resolving Student Expulsion Matters During Coronavirus Could Result In Better Outcomes For Students

By Michelle Ball, California Education Attorney for Students since 1995

Was your child recommended for a school expulsion prior to being sent home indefinitely due to Coronavirus aka COVID-19?  Do they have this issue now hanging over their head indefinitely due to school shut downs?  Now may be a great time to try resolve that pending school discipline matter.

Everything has been in turmoil at schools since the Coronavirus hit, and this also includes school discipline.  One positive thing that could come out of this is that there may be months with no students being suspended or expelled and thus great school discipline records for millions of students.  Clean school discipline records are good for college applications and for students themselves, as a clean school discipline record gives a positive impression.  This IS a bright side to the current Coronavirus trauma going on.

If you have a student with a pending discipline matter, like a school expulsion, it is likely your formal expulsion hearing has been pushed back, maybe indefinitely.  

There are heavy legal questions surrounding this postponement/delay, as school expulsion hearings legally must be held within 30 schooldays and cannot be postponed even during summer vacations.  

Per California Education Code 48925(c):

"'Schoolday' means a day upon which the schools of the district are in session or weekdays during the summer recess."

The current situation with kids at home trying to access on line opportunities is similar to summer vacation, yet it is also similar to a regular school day, as on the one hand students are receiving education (schoolday) and on the other they are out of school (like summer).   What rights do parents and students have in this situation?  

The California Education Code does not have a mass emergency medical disaster section with regard to expulsion time limits, so we have to look to current codes.  If the days students are at home are considered "schooldays"  they count toward the legal time limits for pursuing discipline, and students technically should get their expulsion hearings within 30 schooldays, even during this situation. 

Regardless, if a student has a pending expulsion, and the hearing was pushed back, due to this uncertainty, now may be a great time to try to resolve any pending school discipline and negotiate a more positive expulsion outcome.

The first hurdle will be to get a hold of the people in charge.  School district administrators are presumably very burdened right now with all that is going on.

However, once they are reached, reasonable outcomes in light of the Coronavirus situation can be attempted.  Parents can try to negotiate a total dropping of the school discipline matter or a reduction in the sentence.  Starting any discipline now could be positive as students are at home anyway.  Regardless, they are still entitled to an education during expulsion and could opt to attend online options, enroll in a charter school, or their parent could even file to become their own private school during the time of the discipline (easier than you may think).

Regardless, parents can try to turn this ugly situation into a winning one, and try to resolve their pending discipline matters due to the current uncertainty.  There may be nothing to lose for the student, who could have a much more positive school discipline record in the end.

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: 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

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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. 

READ MORE - The Bright Side: Resolving Student Expulsion Matters During Coronavirus Could Result In Better Outcomes For Students

Special Education During COVID-19/Coronavirus- 5 Actions Special Ed Parents Need To Take Now To Help Their Children

By Michelle Ball, California Education Attorney for Students since 1995

The last two weeks have been a real NEW thing for all of us: being forced home with fear, and with our kids being excluded from school, with no or limited schooling being provided or being provided by us to the best of our abilities.  Meanwhile the Governor of California has stated that school may not be back in until the 2020-21 school year.  There are serious issues in this moment for kids, parents and education.  If your child is a special education student, the issues are probably ten times worse, as now they are not getting their services and supports.  

The first question to ask is IF your school or school district is actually providing distance learning right now?  If so, your child should have access to it.  If not, parents need to get in gear and demand this occurs.  

Special education kids need instruction even more than others due to the potential for regression when away from their education and related services (for example, speech, occupational therapy, adaptive physical education, behavior therapy, other therapies).  

If you are a special education parent and your child has an Individualized Education Program (IEP), you are likely well aware of what Extended School Year (ESY) services are.  These are the summer programs and support services which your child may receive so they don't lose gains they made during the traditional academic year.  The normal summer break is only about 2-3 months depending on when your school gets out, and many special education students are entitled to ESY services for this short period to prevent regression.

With the Governor's statement, if true, our kids will be out of school from March to August, which is almost SIX MONTHS.  If a student would regress during the short summer break, what happens with a break that is double the normal time period?  Even special education

kids who may typically not need ESY services to prevent regression can regress during such a long school absence.  Years of support may go down the drain if a student who has made great behavioral or other strides in school is home for this extended period with no substitute.  It is a real problem and is unacceptable.  

Additionally, special education students often require more intensive individualized services.  Even if a school provides some video instruction, how will this help the student who needs more unique instruction and intervention?  And what if they need a classroom aide to assist them and their parents are not trained to provide this type of support?  Who will train their parents to help them?  

Recently, the United States Department of Education (USDOE) released a statement on special education services during this crisis.  In this document it is explained that special education students must be provided with an equal opportunity to access their education to general education students.  If they don't have a computer to access those programs, presumably one should be provided by the school or school district.  The student also must be provided with equipment, gear and programs to make the computer accessible for them.  Per the document "federal law requires distance instruction to be accessible to students with disabilities."

What if they are not trained how to use such a device in their home?  Presumably some instruction must be provided by the school district.  School districts must rapidly address these needs.

Students with IEPs also must be provided with their related services

while in the home if at all possible.  For example, the USDOE document references provision of speech via video conference.  It is conceivable many other services could also be provided to students, including therapy and behavioral counseling, even socialization groups.  If not, it is also referenced that perhaps students will have claims to receive compensatory services once "regular" school resumes.

Ultimately, special education parents should start with the following steps:

1)  Find out, if not known already, if your school/district is providing educational services for its students.

2)  If so, ensure your child has all the gear to access this service and is receiving education in all classes being offered.  If some classes are missing, figure out how they can access these classes.

3)  If the services are via computer and your child cannot use a computer or needs adaptive gear or programs to do so, or if you don't have a computer, meaning the child cannot access the curriculum, get in touch with your school/district/special education coordinator and get them to provide the necessary technology, programs and training.

4)  Coordinate with your special education team about how your child will be provided their related services during this time.  Where is their speech to be delivered and how?  What about other online options? What about parent training for home support?

5)  See if you can convene an IEP via phone or teleconference to address these issues for the short term (only while this crisis continues).  If the full IEP team is not available, a reduced group can still discuss and solve these issues.  If no teleconferencing is available, parents can still develop a temporary plan with the staff for their child via email.

There are a lot of questions about what to do, but as with all things, action is required to move things along.

Parents should act fast and not wait at home for the school or district to act, while their child sits not getting services and losing their gains.  We work hard for their success and we should not be forced to lose advancement in one fell swoop.

Take action and be well.

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

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

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