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.

READ MORE - Where Should A School Discrimination Complaint Be Filed?

How To File An Office For Civil Rights Complaint Which Will Actually Get Investigated

 By Michelle Ball, California Education Attorney for Students since 1995

If a student has faced discrimination in their school or college, they or their parent may want to file a complaint with the United States Department of Education, Office for Civil Rights (OCR) to get their school investigated and corrected.  Simple.

Not so fast.  

Its simple to file, but not always simple to get a filing accepted by OCR, such that they actually investigate the school or college.  OCR does not take every complaint that floats their way.  Instead, initial submissions, to be accepted, must clearly lay out a true case of discrimination or retaliation.  Otherwise, an OCR filing may be rejected and the school issues unresolved.

When preparing to file an OCR discrimination claim, parents and students need to think like lawyers.  What does this mean?  Well, what do lawyers gather to prove their cases?  Statements or summaries from witnesses, documents proving the facts of what occurred, reports, and/or anything that legitimately shows clear evidence of wrongdoing.

A very good timeline and description of the facts, without a lot of emotion or guessing, is important for OCR to understand what the parent or student believes is occurring.  This summary should describe what happened, who is believed to have done what, and specifics, such as the time, date, location, and people alleged to have been involved.  This summary can be attached to or inserted into the initial OCR complaint form.

A parent or student also needs to attach all evidence they gathered proving what occurred.  Do they have email from a teacher showing discrimination is going on, or a picture that was legally taken, or a report card that shows the issues?  Do they have letters to the school, texts with details, or even letters or statements from witnesses?  If so, these should be forwarded with the initial complaint if possible.

An example of a poor statement could be:

"My son was discriminated against by X school on the playground."  [not so good]

versus

"On February 1, 2021, my son was with a group of boys at X school during lunch, who all stole money together and none of them have past discipline incidents.  My son has ADHD and is in special education and the other four boys are not.  My son is the only boy who was suspended and the Principal called  him a "waste of special education money" when he suspended him, which was witnessed by the school secretary Madge who emailed me (see attached email, suspension form, and my son's summary of what happened written immediately afterwards).  Last month the lady in the lunch room told my son she hated special ed kids and put him at the end of the lunch line"  [much better]

It is clear when reviewing the two versions of the same situation, that one is more convincing than the other, as it has specific facts and documents backing the claims attached.  This is the way to approach an OCR filing to try to get them to pick it up and investigate the discriminating school or college.

So get gathering the facts and proof and get filing.  Schools don't want to hear from OCR, as OCR can make their lives difficult and can even cut funding.  If enough students and parents filed discrimination claims, schools and colleges would change for the better and all students would face a more tolerant environment in the future.

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 - How To File An Office For Civil Rights Complaint Which Will Actually Get Investigated

College Professor Targeting Of Students- What Can A Student Do?

By Michelle Ball, California Education Attorney for Students since 1995

Colleges can be tricky places to navigate.  They are especially tricky when a student encounters a professor who acts in inappropriate ways toward them.  Students often won't take action as they believe they may face retaliation or a failing grade if they complain, and unfortunately, they might.  But, if students don't do something, the college professor may continue with their harassing or wrongful conduct and even push the student out.  It is a tough spot.

Some examples I have seen, many during college clinical or internship placements, which seem almost ridiculous when reviewed, but are true:

〰A nursing student raises their hand and points out a difference between what the professor is saying and the textbook explanation.  The professor thereafter targets the student and starts lowering their grades on papers and other assignments, which means the student is in danger of failing.

〰A student contradicts a professor's assertion about them and the professor thereafter investigates them by interviewing multiple individuals to justify getting them kicked out of their major/school.

〰A professor does not like a student's political statements in class and later falsely accuses the student of recording and posting him on line, and subjecting the professor to ridicule.  The student never recorded anything but is then referred for discipline.

〰A professor does not like an older student who will not just take everything the professor says as gospel, and the student is thereafter monitored and written up on every possible occasion.

〰A professor fails to implement a disabled student's accommodations, which leads to a bad grade and termination from the program.

I usually find out about such student abuse when the student fails their course, finds out they are placed on remediation, is kicked out, or can just smell that something bad is about to happen.  

Here are some potential out-of-court actions which could potentially help or protect the student:

1)  Start a good and detailed timeline with actual dates, details and any proof.   

2)  File a grade appeal (if relevant) with the college.

3)  File a grievance/complaint against the professor with the college or university for wrongful conduct if there is enough proof.

4)  File a claim with the United States Department of Education Office for Civil Rights (OCR) for discrimination/retaliation OR

4a)  A claim could also be filed with the University for discrimination/retaliation, but students generally only get one shot to allege discrimination via administrative processes (depending)- and have to decide who they think would address the matter more fairly- their college, or the Office for Civil Rights.

5)  Elicit help from the college's student disability office (if relevant).

6)  Bring witnesses if possible when speaking with the professor or university staff about the professor so they cannot allege inappropriate conduct by the student.

7)  Document everything. 

8)  Appeal any college discipline or other negative outcome and bring up the improper conduct by the professor.

9)  Encourage others to file complaints on the professor, as if no one files them, the college is not on notice of issues.  

10)  Try not to do anything to exacerbate the situation!

Some college professors are very used to being the most important person in the room and I think this can go to their heads.  They may not be used to being challenged or even questioned, and can react negatively afterward.  They also tend to be hard to challenge as grading in many areas is so subjective and they can often defend their sly lowering of grades by saying that was their opinion.  As such, students need to start protecting themselves when they even slightly smell a rat as that rat can bite and negatively impact their future graduation and career.

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 - College Professor Targeting Of Students- What Can A Student Do?

Who is a Resident of a School District?

 By Michelle Ball, California Education Attorney for Students since 1995 

What district a student is a resident of is usually a simple matter isn't it?  Where does one live and what does the online map say?  Regardless, sometimes this can become a tricky and very important issue for kids.  

Where a student resides legally comes up when a family moves, when a student wants to attend a school where their parent works, their parents are in the military, or are taken out of the state, while the child remains behind in California.  Residency status can become critical, and can involve investigations by school districts and termination of attendance if a student is not found a "resident" of the school district where they attend.

The bottom line is to attend a school district one must be a resident of that school district as defined by state law and district policy.  Simply, a resident is a student 

living with their parents within the boundaries of a school district.  A resident is also, per California Education Code Section 48204, defined as:

-  A student who is attending on an interdistrict attendance agreement (transfer) which has been approved (California Education Code section 46600)

- An emancipated minor living within the district

- A student living in a caregivers home in the district (e.g.caregiver affidavit)

- A student in a state hospital in the district

- A student whose parent or legal guardian works at least 10 hours in that district, who has been approved for transfer.  So long as the parent remains employed, this student should be able to attend through twelfth grade without reapplication (California Education Code section 48204(b)(8)).

-  A foster care, family home, or children's institution resident living in the district boundaries.

- A foster care student who remains in their school (but may not live in that area) within the district

Students may also continue to attend a school, although the codes do not address whether they are "residents," in the following circumstances:

- A student whose parent is active military and who is being transferred into the district. (California Education Code section 48204.3)

- A student whose parent has departed the state involuntarily, regardless of where the pupil lived in California prior to the departure (California Education Code section 48204.4)

- A student belonging to a military family who attends and was a resident previously (California Education Code section 48204.6).  The time they are allowed to stay will depend on the grade in which they were/are enrolled.

-  A student who is migratory and attends that district (California Education Code section 48204.7). The time they are allowed to stay will depend on the grade in which they were/are enrolled.

This determination of a student's status as a "resident," is critical for many families, to ensure their kids don't have to switch schools unnecessarily or that a student can enter a particular district or remain at their school of attendance.

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.  

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

READ MORE - Who is a Resident of a School District?

Suspension or Expulsion for Actual or Attempted Hate Violence

By Michelle Ball, California Education Attorney for Students since 1995

Parents every day face suspensions of their children for a myriad of reasons, some legitimate and some not so legitimate.  One section I see infrequently used by schools is California Education Code §48900.3, which allows suspension or expulsion for "hate violence."  This could be good or bad depending on who you represent.

Specifically this section states:

...[A] pupil 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 caused, attempted to cause, threatened to cause, or participated in an act of, hate violence... [Ed §48900.3]

The Education Code looks to the criminal code (Penal Code) in California to define this term "hate violence" (see Ed Codes §§48900.3 and 233 and Penal Codes §§422.55 422.6, 422.7, 422.75).  This makes it a bit hard for the average individual to track, and perhaps even school employees to discern, what 'hate violence" IS.

First, although the word "violence" is included in the Education Code, when one reviews the relevant Penal Codes, it is clear that no actual violence needs to happen for a suspendable or expellable offense to occur.  Unfortunately, only an "attempt" or "threat" of hate violence could be enough.

Basically, a student may be guilty of  "hate violence" if that child interferes with another person's constitutional rights (not a small concept here for a student or school employee to fathom- law libraries are filled with large dusty law books defining "constitutional rights") because of their "actual or perceived characteristics"including:

(1) Disability.

(2) Gender.

(3) Nationality.

(4) Race or ethnicity.

(5) Religion.

(6) Sexual orientation.

(7) Association with a person or group with one or more of these actual or perceived characteristics. [Penal  Code 

§

422.55]

I rarely, if ever, see this section used, at least not as the main charging allegation, but it would apply perhaps when a student is targeted with malicious acts due to being a disabled student (something I DO frequently see) or due to their ethnicity or other protected characteristic(s).  It could also apply if a student's Free Speech rights were cut because the student was not heterosexual, or if a student were cut off from a group (Freedom of Association) due to their race.

This section applies starting in the fourth grade, similar to sexual harassment offenses, so your third grader should not see this section on any suspension form.  

As far as allowing a student to be punished for an "attempted" or "threatened" hate violence, this is a tad unusual, as the majority of sections in the Education Code allowing suspension or expulsion do not allow "attempts" to commit an act to be a basis for discipline.  This means if someone throws a water balloon and attempts to hit someone due to their religion or race but misses, they could conceivably be punished.  

Now, I wonder how much education really goes on in schools about "hate violence" and breach of "constitutional rights."  I thought United States History was not until senior year of high school and if so, students will need to be better informed of things that could be "hate violence."  Probably they get just a single brief assembly in the beginning of the year which everyone promptly forgets.  Just another in the long list of punishments our kids could be subject to in the wacky school universe!

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 - Suspension or Expulsion for Actual or Attempted Hate Violence

Appealing A Bad OCR Decision On Alleged School Discrimination

By Michelle Ball, California Education Attorney for Students since 1995

Have you filed a complaint alleging discrimination or improper retaliation with the United States Department of Education (USDOE) and their Office for Civil Rights (OCR) and received a negative ruling?  Did they say the clear wrongful acts (to you) were not really bad or not really discriminatory?  If so, you may have an appeal right if you act fast.

Per the USDOE website, within 60 days of the date of the letter issued by OCR, an appeal must be filed with the "Director of the Enforcement Office (Office Director)."  

The bases for appeal listed are:

AT LEAST ONE OF THE FOLLOWING

1)  Factual information was incomplete, and/or

2)  Factual analysis was not correct, and/or

3)  Wrong legal standard was applied 

AND

a)  The outcome would be changed due to #1-3 above.

The appeal must be filed timely, and if it isn't, the parent/student/claimant, must show a good reason the appeal was filed late, which is defined as:

"1.  the complainant was unable to submit the appeal within the 60-day timeframe because of illness or other incapacitating circumstances and the appeal was filed within 30 days after the period of illness or incapacitation ended; or
2  unique circumstances generated by agency action have adversely affected the complainant." (per USDOE/OCR)

The decision will be forwarded to the parent/student/claimant in writing after review.

So, if you are piping mad about an OCR ruling against you or your child, appeal of that decision may be an option, but must be pursued timely and with adequate proof.

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 - Appealing A Bad OCR Decision On Alleged School Discrimination

Schools Have An Obligation To Provide Translated Documents

By Michelle Ball, California Education Attorney for Students since 1995

California is a diverse state, with many different cultures, nationalities and languages being spoken.  Residents' children, regardless of language spoken by students or their parents, have the right to attend California public schools.  Still, while non-English speaking students may attend classes (e.g. Spanish/English transition classes) which help them transition to English, their parents may remain non-English speakers.  How do they stay informed about their child's school progress, development, and any issues which might arise?

Education Code §48985  mandates that documents be translated for non-English speaking parents if pupils speak a language other than English and total more than 15% of a school's population:

"(a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language."

If pupils speaking a language other than English total more than 15% of a school's population, documents must be sent to their family in English and their native language (e.g. Spanish, Cantonese, Arabic, Hmong, Russian or other language depending on the population of the school).  Such documents should include report cards, testing notices, policies, enrollment paperwork, discipline notices and many other communications to the students' families.

Education Code §51101.1 further addresses the rights of parents to translated documents

"(a) A parent or guardian’s lack of English fluency does not preclude a parent or guardian from exercising the rights guaranteed under this chapter. A school district shall take all reasonable steps to ensure that all parents and guardians of pupils who speak a language other than English are properly notified in English and in their home language, pursuant to Section 48985, of the rights and opportunities available to them pursuant to this section.

(b) Parents and guardians of English learners are entitled to participate in the education of their children pursuant to Section 51101 and as follows

...

(2) To be given any required written notification, under any applicable law, in English and the pupil’s home language pursuant to Section 48985."

I have seen non-English speaking parents' rights breached via school district failure to provide translated documents.  This has included improperly translated expulsion hearing documents, suspension forms, report cards, and other legally mandated documents.  This prevents the non-English speaking parents from being able to read and understand the documents they receive and lessens their ability to participate in their children's education.

If you know someone who is not an English speaker, be sure they know their rights to translated educational documents pursuant to state law.  We all benefit if parents are engaged in their kids' education.

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 - Schools Have An Obligation To Provide Translated Documents

High School Sports And Gender Identity- Which Team Can I Play On?

By Michelle Ball, California Education Attorney for Students since 1995

Is your son or daughter transgender, identifying as the opposite sex?  Do they play sports?  Which team do they play on: the teams of their physical gender (for example, female for female teams or male for male teams) or consistent with their gender identity?  Per the California Interscholastic Federation (CIF), the governing body for California high school sports, they might be able to pick either team.

Per the 2015-2016 CIF Bylaws, "Guidelines for Gender Identity Participation," hereinafter "Guidelines" [scroll down to the "Policies" section in the link]:

"All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student's records.  The student and/or the student's school may seek review of the student's eligibility for participation in interscholastic athletics in the gender that does not match the gender assigned to him or her at birth."

The process for playing sports as one's gender identity, is roughly as follows (see "Guidelines" linked above for exact specifics):

Initial Filing: 

1)  The student and/or their parents contact the school administration or the athletic director regarding the fact the student has "a consistent gender identity different than the gender listed on the student's school registration records" and that they want to use that gender to participate in sports.

2)  A school administrator is to then contact the CIF where a "facilitator" for the "CIF Gender Identity eligibility appeal process" will be assigned.

3)  The student must then attend an appeal hearing in front of a 3 person panel, the Gender Identity Eligibility Committee (GIEC), to be scheduled no later than 5 school business days before the first sports event in the relevant sport (exceptions apply).
4)  One person on the panel must be a physician or psychiatrist with experience in gender identity health care and familiar with the "World Professional Association for Transgender Health" (WPATH) care standards.

Appeal of GIEC decision: 

1)  If the student is dissatisfied with the GIEC results, they may appeal to the Executive Director of the CIF.
2) Such appeal must be filed no later than ten school business days after the student receives the written decision of the GIEC.

3)  The appeal is to be scheduled with at least five school business days notice.

Described in the policy is the fact that certain documentation should be provided to the GIEC for the panel to make a determination, including school transcript, registration information and documents showing "student's consistent gender identification." These are basically described as sworn statements from the student, parents, and/or health care providers.

As with any hearing, it is always important to PROVE the important points so success is achieved.  It is much better to win on the lower level than to have to go through an appeal, so being incomplete or light on documentation is inadvisable.

The CIF policy also mentions facilitating the provision of training and resources for schools regarding gender identity, which may be helpful to ensure a smooth transition.

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 - High School Sports And Gender Identity- Which Team Can I Play On?

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

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

By Michelle Ball, California Education Attorney for Students since 1995

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

Some issues I see with 504 Plans are:

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

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

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

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

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

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

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