14 Steps To Attack A School Suspension

By Michelle Ball, California Education Attorney for Students since 1995

 

What does a parent do when their child, a stellar wonderful student, gets a suspension, which may tarnish their education records forever?  Attack it and try to get it overturned of course.

A student suspension is a permanent black mark in a school record, which will lurk in the background waiting to communicate negative about the student.  It will come up on college applications, depending on the college, and can harm a student in their future prospects.  How much is unclear.  What is clear is that suspensions are a big deal and should be addressed, not ignored, if possible.

A parent should immediately take action if a student is suspended:

1)  Meet with the school to get the school's version of what happened.  Take thorough notes.

2)  It is not a great idea for parents to  question their child in the school office about what happened as this may give the school evidence.

3)  Get a copy of the suspension form at this meeting if possible.  Sometimes schools don't even provide a written suspension form (in breach of the law), so if a parent does not have the suspension form, they should get it ASAP.

4) Review the meeting notes and the suspension form thoroughly.

5)  Meet with the student in private and get his or her version of what happened.

6) Compare the suspension form and what it says to what the student says to determine what  may be accurate on the suspension form, and what is not.

7)  Request the witness statements and other evidence of or related to the suspension.  These are student records, and must be provided, although schools often will balk at requests for these (see Ed Code 49069.7).

8)  Review these.

9) Review the school policies on suspensions and the practices and procedures related to them.

10)  Figure out what is wrong with the suspension- does it not meet school code, should the student have received an alternate punishment (see my blog on this)?  Even if the suspension is still appropriate, there can be other arguments to attack it, such as the student's lack of discipline history, the stories of the witnesses conflict, etc.

11)  After a parent gets all arguments together, a written document should be drafted to the school outlining the support for the student, arguments, and what is desired: the student returned to school now (if still out), and the suspension rescinded (reversed) and expunged.

12)  Forward to the school and request a meeting with someone who has the power to overturn the suspension, such as the principal.

13)  Meet with the school and use good manners, firm evidence and positive arguments to get an agreement to get rid of the student suspension now, or at a date certain in the future, such as at the end of the current semester or school year.

14) Review the student records to ensure the suspension is not noted anywhere.

Do it! 

If parents take action, they can potentially get suspensions out of student records and positively influence the student's future for years to come.

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.

READ MORE - 14 Steps To Attack A School Suspension

Twelve Tips To Winning School and College Disputes

By Michelle Ball, California Education Attorney for Students since 1995

Most parents see schools as places where their kids go daily, while they are at work or taking care of other household needs, and forget about them.  College students may view their universities as a large mass of buildings and detached college staff and instructors.  Students and parents may be shocked and confused when a problem arises at a school or college  and may not know what to do. 

THE BASICS OF APPROACHING A SCHOOL OR COLLEGE PROBLEM

There are some fundamental recommendations I have when it comes to dealing with schools and getting desired outcomes for students.   These should generally apply to many issues that come up, from school discipline, expulsion, and suspensions, to special education, IEP (Individualized Education Program) or 504 matters, college hearings, sports eligibility, student targeting by teachers or professors, grade appeals, and many other matters being encountered by students in day to day life.

1)  Know the rules:  When you run into a problem in a school or college, find the rules which apply to the situation.  These may be found in the school handbook, on the website, in program handbooks (e.g. a "Handbook for the Nursing Program"), and in many other places.  Boards of education also issue policies which are online, usually under the "Board" section of a school district website.  For the UC Regents, there are rules that apply to all UCs found usually on the relevant Regents page, or on the specific college website.  Find any and all policies and rules related to the student issue.  Read them, clear up any misunderstood words or concepts in the policies/rules and truly understand them.

2)  Gather Information Specific To The Student:  One of the first things I do in matters is to request student records.  For students pre-college, parents can submit a request for the student's files and all evidence that may relate to any pending matter.  For college students, a similar request may be filed.  Timelines are usually 5 business days for public schools (before college), and maximum 45 days under FERPA (Family Education Rights And Privacy Act).  Some colleges bind themselves to shorter time periods for production which can be discovered when researching relevant school policies.  For private entities, if they take federal funds, they usually are bound to federal laws on production.

3)  Write A Timeline:  Another important component to really understanding a matter and later communicating with a school or college about it is a timeline.  Does the student really know what happened when, and who was involved?  Get it on paper so it is clear.

4)  Gather Support:  Does the student have documents that relate to the matter at hand, or texts, or pictures, etc.?  All documents should be gathered together and connected to the timeline.  If evidence may be online, printing it out and downloading a copy can be very worthwhile as I have seen schools change websites and remove documents after they found out they were at issue.  If a screenshot or copy of critical evidence was not downloaded or printed, the proof can vanish.  

If you have witnesses, depending on the situation, they can potentially be contacted.

CAUTION:  There are times, particularly in discipline matters, when an accused student should not contact potential witnesses as this could be misinterpreted as witness intimidation, so be cautious in contacting potential witnesses.  Minor witnesses should only be contacted through their parents, if at all.

5)  Put Appropriate Things In Writing:  It is easy to cold call a school official and blab about a matter, and that may be necessary, but it is also important to put a competent communication together in writing which outlines the situation and the student's  position.  This is an important component to ensuring that points are

not just forgotten, such as on a phone call where no one takes notes.  What is the truth about the situation, what do the school or college's own rules say about it, and what data  supports the thing being sought?  It can be a double-edged sword, however, as putting things in writing can be negative if letters are full of threats or wild allegations and can cause problems.  As such, it is key to write the letter objectively and factually, and to remove as much emotion as possible.  If the author cannot write it in an effective way, they may need to get help from someone they trust to ghost write it. 

CAUTION:  If an accused student puts things in writing, whatever is written could be seen as a form of "admission," so accused students need to be hyper-cautious lest any documents be pulled out and used against them as testimony

6)  Make Personal Contact With School Officials:  This can be necessary if a student wants to achieve their goal and it cannot be achieved via written communication alone.  Again, an accused student, such as in a suspension or expulsion matter, will want to carefully consider how this is approached so it does not harm their matter.  It will depend on the situation.  Many times meeting with one school official, then maybe another, will be necessary to try to achieve a goal.

7)  Filings:  Is there an official process if personal contact does not work?  If so, it should be considered.  There may also be an outside agency which could be contacted to file something (sometimes students have only one option- the outside agency or the school).  Students need to determine the internal and external processes available and their likelihood of success in either one.

8)  Rally Support:  Some students or parents think getting a bunch of protestors outside a school can help, or getting on the news will somehow intimidate the school or college.  I do not turn to the media for leverage, as I find that they usually have their story already written before they talk to me- and who knows if that will go against my client's position or not?  Once media is allowed in, sometimes the lines can get blurry on what can be printed/not printed online or otherwise.  

As far as a group of supporters: groups can be effective if they are a cohesive group of students or parents with strong positions individually (for example, they or their child were also wronged).

9)  Be Smart:  With any school issue, be it appealing a grade, or opposing an expulsion, it is important to be professional and act intelligently.  School administrators judge us on how we act, so students and parents should be thorough, well versed and professional in all communications, and keep emotion to a minimum.  Help school administrators focus on the facts by keeping it clear, concise, by presenting documented support and communicating in a way they can accept.  

10)  Know Your Audience:  Realize who you are talking to, bureaucrats and people generally unmotivated personally by any threatened loss.  It is not usually the school administrator's house at risk if a student is wronged.  School and college officials are 

not like other retail establishments who care about their clientele returning.  There is a high demand for their services and with public schools, students are often stuck in their school of residence.  As such, although administrators may not want issues, they have less motivation to resolve them than the average grocery store, as they have so much power over students.  This sometimes results in administrators talking down to students or parents.  Triumph over this by  thoroughly knowing your position and any leverage you may have.

11)  Be Persuasive:  Persuasion is key, and this may be seen in communications that outline the situation in a way that leads the reader (e.g. school administrator) to the student's side.  Persuasive writing is somewhat of an art, but essentially if an administrator can imagine themselves as the student and get into that viewpoint, they may move toward helping that student if possible.  Effective communication and persuasion are critical.

12)  Present Solutions That Meet Both Sides Needs:  To reach a resolution, it is important that whatever outcome a student or parent requests, it is made "easy" for the school to provide that outcome.  For example, you are not asking for them to buy a $200,000 schoolbus to get your kid home, but are only asking for a daily taxi ride, due to issues with the special education bus.  What could you and they both accept which solves the problem?  Be creative and communicate ideas which both sides could be happy with in the end, and which are possible.  Many parents don't even have an idea of what they want or don't tell the school what will satisfy them, so it is a step-up for a parent or student to tell the school or college staff their goals so they can try to reach them collaboratively.

Almost any school matter can be approached with these steps which can effectively educate the student, parent, and school, and help students win their disputes by reaching resolutions that work in the school or college setting.

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.  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 - Twelve Tips To Winning School and College Disputes

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

Eight Things NOT To Do At A School Expulsion Hearing

By Michelle Ball, California Education Attorney for Students since 1995

School expulsions can be devastating for students, emotionally and otherwise, ending up with kids sent to a continuation school and damaging college entrance chances.  It is important to know what NOT to do when parents are fighting for their child's future at an expulsion hearing.  

Here are some things parents should NOT do at a school expulsion hearing:

1)  Consider not allowing your child to testify if they have not already confessed.   Make the school district prove their case, and don't do it for them.  The school district has the burden of proof and no child is mandated to testify.  The testimony decision is highly fact dependent and there is no black and white rule.  Whether the student speaks at hearing may depend on the level of proof the school has, whether the parents will appeal, if the hearing will involve simply a "mercy plea," and other factors.  Caution is advised in making this decision.

2)  Do not forget to object to improper evidence.  If the school district attempts to admit evidence which should not be allowed into the hearing (e.g. evidence from another student who was not there), parents must not stay silent.  Rather, parents should speak up and ask for it to be disallowed, or if the item was already admitted into evidence, have it immediately taken out of the record.

3)  Do not get emotional at the hearing if possible.  If a parent is the one making the arguments at the expulsion hearing, he or she should attempt to keep strong emotions under control, particularly anger.  Parents don't want to alienate whomever is judging the child's expulsion matter, so logic and reason should be used to defend the student.  Parents should never yell or raise voices, regardless of the frustration level at the hearing.

4)  Do not forget to prepare opening and closing statements and witness questions.  Parents usually can make an opening and closing statement, plus question any and all witnesses at the hearing.  However, in the heat of the moment, parents may forget something critical, so a good outline should be developed with all legal and factual arguments as well as questions for anticipated witnesses.

5)  Do not forget to submit documents.  Parents should submit character letters in support of their child, along with any other documentary evidence which proves innocence.  Parents may also want to consider submitting a document which persuasively argues their defenses.

6)  Do not take it personally.  The school expulsion hearing may feel personal, but don't take it that way.  Act professionally at all times or the review panel may tune you out.

7)  Do not forget the district is not being "nice."   Although everyone on the other side may be outwardly polite, the school and district are trying to expel the student.  If they were not, they would have dropped or negotiated the matter before the hearing.  Parents cannot go into an expulsion hearing naively believing that everyone will understand once they get there, or they will win due to sympathy for their child.  

8)  Don't forget to bring witnesses to support your case.  Parents should bring students or others to the hearing to support the student's defense via live testimony.  If parents cannot get a hold of witnesses, subpoenas can be sought from the district prior to the hearing.

Parents need a little luck and good management skills when battling the lions trying to expel a child.  If not, a school expulsion can leave an expelled child adrift and with a black mark they may never get over.

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.

Published 2/5/12, updated 5/5/20

READ MORE - Eight Things NOT To Do At A School Expulsion Hearing

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

When A Bullied Student Becomes A Target For School Discipline

By Michelle Ball, California Education Attorney for Students since 1995

Over the years, I have heard many terrible stories, but some of the saddest are when a student who is a victim is disciplined, while the bully escapes punishment. Sometimes it is very clear that the victim did nothing but is being lied about by the bully.  Other times, the victim is punished for fighting back and breaking rules in their response to the bully.  Either way, parents and students need to act before a situation turns against them.

It may seem logical to assume that a school will act on reports of targeting a student.  Bullying and its dramatic negative impact to students is everywhere and "bullying" itself is the new buzz word in education.  It seems, at least in the media, that once someone alleges they were bullied, magic happens.  In the real world, this is not always the case.

Schools are legally obligated to do something when a staff member observes and/or receives a report of bullying.  However, we all know that just because someone is supposed to do something does not mean they will.  Baffled parents sit confused asking why there is a law if no one will follow it?  This is the same question  as "Why do people steal?"--  because there are people who don't know or care what the law says.  There are also schools and school districts whose staff don't know their legal obligations to act and/or don't care.

I am confused when a school fails to act despite knowledge of bullying, as it is easy for schools to jump in.  Yet, many schools blow off student reports as just "gossip" or false.  Being ignored, a student may develop the feeling that he/she has no option but to defend themselves (and in fact may be right).  The bullied student may then be caught and punished by the school if they factually DO break a rule e.g. by hitting the bully in the face.  This punishment of the bullied student, while legally allowed, ignores the fact that due to the school's utter lack of correction, the student felt they had (or did have) no other option than to get pummeled by the bully.

A Hypothetical Example Of Bullying And A Lack Of Follow Through

Here is what this type of situation could look like: Student B (Bully) tells Student V (Victim) he will beat Student V up.  Student V worries but does not report the statement.  Student B then starts calling Student V names and threatening Student V daily.  Student V tells his teacher and the teacher says she will talk to Student B. Student B stops for about a week.  Then Student B (plus Student B's friends) start up again, and Student B corners Student V in the bathroom, telling Student V he should not have gotten Student B in trouble.  Student B then threatens to beat up Student V if he tells again.  Student V tells his teacher, who tells Student V that Student B was handled and is a good student.  In other words she does not believe Student V.  The teacher never reports Student B to the office, or reports but does not follow through.

Student V, after continuing derogatory comments from Student B, and being pinched, poked and maybe hurt some other way by Student B and his friends, goes to the office.  Student V tells the secretary, who says she/he will tell the Vice Principal.  The VP, if we are lucky, gets a note or voicemail stating there is an issue.  However, often the VP will not do anything or will forget about it, and may not tell Student V's parents.

Student V meanwhile is continuing to be hurt and intimidated and his school work and grades suffer.  His parents think it is his computer usage and take his computer away.  Student V is embarrassed and does not tell his parents the truth. Student V goes to the office again as Student B is now threatening to kill him daily and throwing sharp objects at him.  Students C, D, E, F, and G may also now be involved in targeting Student V.  Student V again goes to the office and tells the secretary.  Things continue unabated.

Student V tries to "stick it out" and "be tough."  He knows the school won't help him, and he knows that he needs to protect himself or he could be seriously injured.  So, he brings a knife to school, or makes a plan to hurt the students so they will leave him alone.  Maybe he writes a list of students he does not like. Student V then is caught with the knife or alleged to have made a "hit list" about students, and is suspended and placed up for expulsion.  His family finally finds out about the bullying, now too late, and brings this up as a defense.  The school ignores the parents, explaining it does not matter as Student V broke the weapons/threat rules.  As Student V factually did break rules, this gives the school the right to discipline him.  Sadly, Student V is expelled while Student B remains in school.  

This may sound far-fetched but it is not.  I have seen this scenario unfold, often after the student victim is already up for expulsion, which the family is left to battle.

Had the bullying been handled effectively in the beginning, nothing would have escalated.  Student V would never have been in the position to be suspended or expelled as he would not have had to hatch a plan to defend himself.  Had the teacher believed Student V, sent Student B to the office to be suspended and followed up with protection for Student V, the situation may have been solved. Had the secretary or VP followed up and done something effective, such as suspend or expel Student B and his friends, Student V might have had a different future.

If a child reports bullying, parents should follow up in writing with the school to ensure something is done.  A plan needs to be developed with school staff to address the situation fully.  Parents thereafter need to ensure the school does what it promises and that no new incidents are occurring.  

Don't wait until the student victim has to resort to their own plans of resolution, which often means rule-breaking and punishment.  Suspension or expulsion may haunt the student for years to come, including when applying to college.  

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

[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 A Bullied Student Becomes A Target For School Discipline

Education Attorney Versus Education Advocate

By Michelle Ball, California Education Attorney for Students since 1995

Attorney or non-attorney advocate?  What is the difference?  Parents faced with a school issue, such as expulsion or a special education problem, often do not know who can help.  Do parents really have to hire an attorney?  What about the lady you heard about who helps parents?  Here is the lowdown on advocate versus attorney and how it relates to your school issues.

I am an attorney, licensed to practice law in California.  However, a lot of what I do daily is advocacy.  Advocacy is basically helping a cause (my clients' cause).  Per Merriam-Webster.com "advocacy" (noun-thing) is "the act or process of supporting a cause or proposal."  To "advocate" (verb) is "to support or argue for (a cause, policy, etc.).  An "advocate" (noun- person) is "a person who argues for or supports a cause or policy."  So "advocate" can mean different yet similar things.

The distinction between my advocacy as a licensed attorney versus someone who is a non-attorney advocate, is the legal degree and the power to use it for the benefit of my clients.  This is not a small thing.  Being an attorney, I can use the courts, legally interpret the law, and use the power of the law to change my clients' situations.  I can also back up what I say with court action if my clients want to go that way.

An advocate who is not a lawyer, can "advocate" in the sense that they may rally for a cause, but they do not carry the power of the courts behind them.  They may not be formally trained, whereas lawyers have many years of training in law.  This is a big difference, and it means schools may treat a non-attorney advocate differently than they treat an attorney.  So who you pick may depend on how fast you want things done or how effective you want to be.

Lawyers practice advocacy, but advocacy with teeth (good enforceable laws), presuming the teeth are available.  In some situations there are only baby teeth involved (weaker laws) which give us less leverage.  Attorneys leverage what they have for their clients' benefit.  As my Contracts professor used to say, attorneys should: "Pound the law if you have the law.  Pound the facts if you have the facts, and pound the table if you have neither."  Sage advice.  Attorneys pound everything (not literally) with whatever they have, and fortunately for our clients it can be beneficial.

If you have ever received a letter from a lawyer and shook, you know why lawyers should be involved in school issues.  They have that unidentifiable power and you want that power to be leveraged to resolve your child's expulsion or to help with college problems or to help with a teacher who has gone too far.  You want to move things forward.

Advocates (attorney and otherwise), are needed in all fields to try to help people. However, the power of the law stands behind every attorney, which is why, if you invest your money to try to get something done, attorneys are a strong bet.  

[This communication may be considered a communication/solicitation for services]

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

[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 - Education Attorney Versus Education Advocate

Parents As Politicians: How To Effectively Communicate With Your School

By Michelle Ball, California Education Attorney for Students since 1995

Communication is such an important factor in life and can be the reason endeavors succeed or fail.  It is no less important in the school setting.  However, time and again I find myself with a new family in my office which has hit a barrier in communicating with their child's school.  Perhaps the administration has stopped responding to them or does not seem to take action on their complaints.  Maybe they are unable to persuade staff that some issue exists.  

Communication in the school setting can be unique.  Yes there are straightforward school staffs who work with parents and life is good, but often this is not the case.  Administrators are nervous about committing to anything, admitting anything, or making firm and final decisions.  They also can be arrogant and treat parents like the children they supervise.  

So, when parents communicate to school personnel in the way they talk to friends, family and "normal" people in life, they may get nowhere.  This is because schools are unique entities.  They are the government, first and foremost, and are not private businesses.  This means they don't always have the direct accountability an employee would, for example, in a retail establishment.  Schools also are permeated by many hidden factors which influence them: long-established routines, personnel who have been around longer than some administrators, teacher tenure making it difficult to have even troublesome teachers removed, teacher's unions, the California and United States Departments of Education which police (or don't police) them, their Board of Education which is a group of citizens with varying education levels, the media, attorneys, and on and on.  There is also often no clear "boss" or supervising entity overseeing the school district. 

This has resulted in  parents with complaints, needs and issues oftentimes being ignored, dismissed or minimized.  Or, a parent may find THEY or their child improperly become a target after a complaint is lodged by them.

It can be extremely frustrating.  As such, I frequently find myself telling parents that they need to "act like politicians" when dealing with the school; that when they enter the school environment, they have entered the political sphere.  

What?  This is school, not politics!  Not so.  Have you ever met with a senator or city council member and come away from the meeting not knowing what was said or what was agreed to?  Feeling you were heard and feeling better, but later realizing you don't know the result of your communication or what will be done? Sound familiar?  Schools are often the same way.  Politicians usually want you happy, want your vote, but don't necessarily take action on your individual complaint.  

Parents may also encounter the other type of politician: the one who completely dismisses their valid complaints as beneath the school official.  This person may seem similar in attitude to a "king or queen," who is unable to be challenged, and who views any parent, student or non-school employee as beneath them. Parents can actually feel like they are being treated like a child when approaching this person.  Such encounters can send some parents back to being 8 years old and in the Principal's office themselves.  It is not the way we, as adults, are used to being addressed.  

Whatever attitude you get, it can be completely frustrating.  

Fortunately, assisting students as an attorney rather than as a parent, I don't often have to deal with the things parents may face on a daily basis.  However, I have heard enough to know how the schools tend to work when parents are on their own. 

As such, here is an important lesson for parents to learn:  WHEN DEALING WITH SCHOOLS YOU ARE IN A POLITICAL ENVIRONMENT.  YOU MUST BE FRIENDLY BUT FIRM AND CAN ONLY DEFEAT THE POLITICIAN WITH FACTS, PROOF, EVIDENCE, AND PERHAPS A BIGGER STICK THEN THEIRS.  

It is simple and is important.  Be a parent in the school system; be a politician. Bet you did not know you had applied and been accepted for such a difficult job.  As if raising kids were not hard enough!?

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 - Parents As Politicians: How To Effectively Communicate With Your School