School Expulsion Hearing Evidence Q & A

By Michelle Ball, California Education Attorney for Students since 1995

Many parents envision expulsion hearings are mini-trials where their child has full rights to object and exclude things, like in regular court.  However, public school expulsion hearings, as hearings governed by administrative law (the law relating to government agencies), have different rules from regular courts.  There are some parameters for the expulsion hearing process, but what is allowed can be quite confusing, especially to a parent on their own.  Here are some basics on the evidence at expulsion hearings.

Do regular rules of "evidence" for court trials apply in school expulsion hearings?

No.

Am I entitled to all evidence the school has against my child before the hearing?  

Parents are entitled to all evidence the school will use at the hearing.  Usually the school or district will provide the evidence to the family at the suspension extension meeting, but if not, it can be requested.

How do I get the expulsion hearing evidence from the school if it was not given to me?  

Simply request it, preferably in writing and via email.

What evidence is needed to expel my child?   

The school should prove the matter with substantial evidence that the student actually committed the acts alleged and they breach the codes.

What evidence can the school submit at the hearing?

They can submit anything they gathered, including statements from students about the allegations, even if the student who gave the statement or testimony does not attend the hearing.  They can also present witnesses or testimony to support the allegations.

What is hearsay evidence for purposes of an expulsion hearing?  

In very rudimentary terms, hearsay evidence is evidence offered to prove something happened from someone not directly testifying or who was not an actual witness to what happened.  For example, sometimes schools submit statements where students write rumors- the statement and the contents are hearsay.  [Please note: hearsay is a highly complicated subject and this is not a complete discussion of hearsay or its exceptions]

What if a student did see something happen, but does not testify at an expulsion hearing?  Is their written statement hearsay?

Yes, usually.  A written statement, when the student does not present themselves for questioning is typically hearsay.  There is an exception when a hearing panel rules that a student would be "subject to an unreasonable risk of harm," were they to testify and the panel can decide to accept their written statement instead (see California Education Code 48918(i)(3)) and it then will not be considered hearsay.  

A statement from an accused person, where they admit they "did it," is considered an admission and is acceptable under a hearsay exception (see California Evidence Code section 1220).

Can a student be expelled based on hearsay alone?  

No.  This is specifically prohibited in California Education Code section 48918(f)(2).  

Why are we talking about hearsay and what does it matter to the student being expelled?

It matters because if a student did not admit the allegations, and there was only hearsay at the hearing, the expulsion may be overturned on an appeal to the county board of education.

What evidence is presented at most school hearings?  

A school or the district will usually present a packet of information, including written statements, testimony from an administrator (like the vice principal or principal) and may present an eye witness to the alleged wrong.  Districts vary in how well they conduct hearings.

What can a parent submit at an expulsion hearing?

Paper evidence, witnesses, character witnesses, letters supporting the student, pictures, videos or any other evidence they want which is relevant.  They may also submit a legal brief (paper with the law and facts) or arguments supporting the student's innocence.

What can a parent say at the hearing?

The parent or their attorney or a nonattorney advisor can usually do an opening and closing statement, and can question witnesses.  

Can a Parent be a witness?

Yes, if the parent saw the act happen, they can testify as a direct witness.  If not, a parent may be a character witness.  

Can a parent ask a school to help them force witnesses to testify at the hearing (aka subpoena them)? 

Yes.  A parent can ask the school board to issue subpoenas to witnesses who actually saw what happened, aka percipient witnesses (see California Education Code 48918(i)(1)).

If there is an evidence issue at hearing, who rules?

The person or group overseeing the proceeding (for example the expulsion panel, board of education or hearing officer) should review the question and make a ruling.

Can a parent record an expulsion hearing?

Not without permission, which is usually denied.  The school district will make an official record, with either a recording or a court reporter.

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 - School Expulsion Hearing Evidence Q & A

Switching Schools Within Your District: Open Enrollment And Intradistrict Transfer Options

 By Michelle Ball, California Education Attorney for Students since 1995

Sometimes students are just not at the right school, but their parents like the school district they live within and want to keep their kids in it.  There are processes in place to achieve this goal, but certain requirements must be met.  Some options available to parents include open enrollment or filing an application for intradistrict transfer per school district policies.

Open Enrollment

What is school district open enrollment?  This is a process where a student living within a district can opt to attend any school in that district.  All a parent needs to do usually is return the relevant forms, listing their top choices for schools.  

All districts are supposed to have an open enrollment process, and the only argument to not have one could conceivably be that there is only one school in the district or all their schools are overly enrolled, aka impacted, and will remain so.  Most districts will have some space and will need to hold an open enrollment process.  

The school open enrollment process usually happens at the end of the prior year or early in the calendar year when the transfer will apply (e.g. late 2021- early 2022 deadline for a move at the beginning of the 2022-2023 school year).  Due dates for submissions vary by school district.

Certain priorities will apply.  For example, open enrollment cannot cause the displacement of residents who want to attend their school of residence.  After the residents of a school are placed, other students with priorities should be placed.  Priorities can exist for siblings of a student already in attendance and/or as outlined in school district policies.  If there end up being spaces and too many students vying for those spaces, an unbiased student lottery should occur.

Intradistrict Transfer

If open enrollment request time has passed, and a parent wants to transfer to another school in their district, they could pursue an intradistrict transfer. 

What is an intradistrict transfer?  It is a transfer to another school WITHIN the same school district. This is different from an interdistrict transfer, which is between two different school districts.  

There may be deadlines to apply for intradistrict transfers, but many districts may accept requests outside the timelines as well, depending on the reasons for the request.  If the regular timeline can be met, that is a good idea.

The rules related to these transfers will be outlined in school board policies, usually found on most school district websites under a tab titled "School Board" or "Board of Education," or by contacting the school district office.  There may be a place on a school district website referencing intradistrict transfers and requirements to obtain one.

Most districts outline certain parameters for the granting of intradistrict transfer requests such as the new school having a program not at the school of residence, the school where the student resides being persistently dangerous, a court order, bullying, or the mental health of the student, among other possible bases.  

Other Ways To Transfer

Students who are in special education may be transferred without ever applying via this process, if their IEP (Individualized Educational Program) team places them due to services needed at a particular school.

Sometimes an involuntary intradistrict transfer may be imposed on a student who has committed a harmful act and/or agreed to by their parent to avoid a school expulsion.

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 - Switching Schools Within Your District: Open Enrollment And Intradistrict Transfer Options

How Long Can A School Expulsion Go? Q & A

By Michelle Ball, California Education Attorney for Students since 1995

Many times when a public school student faces expulsion, there is confusion about what this means and how long an expulsion may continue.  Some questions and answers relevant to the length of expulsions in the public school setting, (high school or below) may be helpful to parents.

Is expulsion permanent?  

No.  There is always a listed end date in the expulsion decision.

When can a student return to school after they are expelled?

That depends on the length and type of expulsion imposed, with the maximum time limited by state law.

How long can a public school expulsion be?  

Maximum 1 year for the most heinous situations, such as selling drugs, firearm issues, sexual assault or battery, brandishing a knife and explosives (Cal Ed Code 48915(c)), sometimes called the "Big 5 Offenses."

Can a public school expulsion continue beyond the expulsion time period in the expulsion decision?

Yes.  Although the initial expulsion can only go a maximum 1 year for the worst offenses, like drug sales, if a student does not meet readmission (aka rehabilitation) terms when attempting to reenroll, the student may not be readmitted and their exclusion may continue.

What is the maximum length of expulsion for offenses that are not "Big 5 Offenses?"

Two semesters, starting when the board of education issues their decision, and sometimes starting the semester when the offense occurred.  Examples of school offenses carrying a two semester maximum term include drug possession, sexual harassment, fighting, stealing or theft, damaging school property, threats, extortion, habitual profanity, bullying, receiving stolen school or private property, possession of an imitation firearm, hazing, aiding and abetting (helping) another student to commit great bodily injury, and other offenses. (Cal Ed. Code 48900-15).

What is the minimum term of expulsion if a student is found guilty?

One semester, unless the board decides to issue a lesser punishment, such as a behavior contract.

Does the board of education have to expel a student?

Per state law, not unless it is a proven "Big 5 Offense."  Otherwise, they have discretion to offer alternative punishments as the circumstances warrant.

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 Long Can A School Expulsion Go? Q & A

Readmission To Public School After Expulsion

By Michelle Ball, California Education Attorney for Students since 1995

School expulsion is traumatizing and awful.  Once the worst happens and an expulsion is imposed, do students just get automatic reentry into their local school when the time period is over?  How do they return?  Are there steps?  The terms of the expulsion determine what will happen and precisely what the student must do to reenter their local school campus.

Students are expelled by their board of education after a hearing or after the student's parents sign an agreement, usually called a "stipulated (agreed) expulsion."  After expulsion, returning to a comprehensive (regular) school environment will depend on the terms of that expulsion and the student's compliance with the agreement's mandates.

When a school board imposes a school expulsion, usually there are terms that a student must meet, which are outlined in a "Rehabilitation Plan."  This student rehabilitation plan contains prerequisites the student must complete before the expulsion will end and the student may be returned to regular school.  

Education Code section 48916, discusses rehabilitation plans for students being expelled:

(b) The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order, which may include, but not be limited to, periodic review as well as assessment at the time of review for readmission. The plan may also include recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs.

(c) The governing board of each school district shall adopt rules and regulations establishing a procedure for the filing and processing of requests for readmission and the process for the required review of all expelled pupils for readmission. Upon completion of the readmission process, the governing board shall readmit the pupil, unless the governing board makes a finding that the pupil has not met the conditions of the rehabilitation plan or continues to pose a danger to campus safety or to other pupils or employees of the school district. A description of the procedure shall be made available to the pupil and the pupil’s parent or guardian at the time the expulsion order is entered.

Section 48916 requires a student's readmission if the terms are met and the student is no longer a danger to the campus, pupils or employees.

Typical terms seen in student expulsion agreements include the following:

1)  Maintain passing grades or maintain above a 2.0 or other gpa (grade point average)

2)  Attend school regularly, or maintain 95% (or other %) attendance

3)  Therapy for some number of hours or until a certain program is completed.  Parents may be able to get approval for religious/pastoral counseling to meet this requirement.

4)  No breach of school rules or federal, state, or local laws

5)  No additional suspensions/expulsions (broad or limited scope)

6)  Community service for a certain number of hours at an approved nonprofit

7)  Stay off all district properties, not coming within a certain distance 

Sometimes, schools include other terms, depending on the offense, such as:

8)  Drug test results must be negative

9)  Student must do essay or some type of project

10)  Letter from professional stating student is not a danger and/or should be readmitted.

11)  Other terms as varied as the school districts

When the student's expulsion time period  is nearing the end (date should be in the agreement), the student may petition  for readmission.  The district will require submission of actual evidence the terms in the expulsion order were met, and will make their own determination whether the student poses a danger should the student return to campus.  

If readmitted, unless the expulsion agreement names the school the student can return to, the school will usually be determined at the readmission meeting.  Sometimes expulsion agreements, particularly for drug sales or high level offenses, state that the student will never return to the prior school.

Because proof will need to be submitted to get a student back into his district after an expulsion, it is important that parents develop and maintain the records showing the student met the terms.  For example, a student needing to participate in a counseling program cannot just start gathering proof of this the week before the readmission review meeting.  Rather, they need to work on this during the expulsion period, perhaps for months, until complete.

If a student does not meet the terms of the expulsion, the consequence is that the expulsion continues.  This can mean a one semester expulsion can continue for many years, simply as the rehabilitation requirements were not met.  As such, parents need to pay attention to the expulsion order and all requirements and ensure they are not neglected.  Otherwise, the student may never return and can end up with a multi-year expulsion in their student records.

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 - Readmission To Public School After Expulsion

Possession of Nicotine or Tobacco As Basis For School Discipline

By Michelle Ball, California Education Attorney for Students since 1995

Talk to many in our culture today about nicotine products and the public schools and you may hear:  "So what, the kid's smoking, isn't that something every teen does?"  Not really, and if they do, it should not be at school or involving school.  Tobacco or similar products cannot be stashed for a friend, thrown in a backpack to use later, chewed, smoked, or otherwise used at school, at school events, going to or coming from school, etc.  If they are, and the student is caught, the student can be suspended or even expelled.

Per the California Education Code, which outlines all bases for suspension and expulsion of students, one basis for discipline is:

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...

(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel*. [Education Code section 48900(h)]

This code also encompasses e-cigarettes and vape pens, and all manner of things which may fit under the "nicotine" or nicotine-like umbrella.  Note the code states that the list is not exclusive "including, but not limited to..." which means it is a wide-open code and will allow a school suspension for many products not listed.

The California legislature allows students to be removed from school and their records tarnished for simple possession or use of nicotine-type products.  The kid in the back of a class with that bottle full of brown liquid (spit from chew products) can be in serious trouble.  Or that kid with that "cool" vape pen could have his/her college entrance chances diminished if a suspension issues.  

If your child is up for suspension or expulsion for having a clove cigarette, some chew, or a vape pen, remember that alternatives to suspension should be attempted first if the offense is non-dangerous and is their first of the year (see Ed Code 48900.5).  

Have you checked your kids' backpack or pockets today to ensure none of these prohibited items are lurking in there?  If not, the next person who may tell you they are, could be the school Principal.

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.

* Betel: "an Asian plant that has leaves and red nuts that act as a drug when chewed" [per the Cambridge Dictionary] 

READ MORE - Possession of Nicotine or Tobacco As Basis For School Discipline

Medical Marijuana Administration And School Discipline

 By Michelle Ball, California Education Attorney for Students since 1995

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

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

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

If there is a board policy, per §49414.1: 

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

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

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

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

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

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

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

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

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

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

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

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 - Medical Marijuana Administration And School Discipline

School Suspension And Expulsion For Fighting Or Threats of Harm

By Michelle Ball, California Education Attorney for Students since 1995

There are a multitude of bases for student discipline.  One of those bases involves fighting (aka "mutual combat"), threats, and/or physical violence to another.  Such conduct may or may not get a student suspended or placed up for expulsion.

Per California Education Code 48900(a)(1) for a student to be suspended or expelled for this type of conduct, they must have:

- Caused, attempted to cause, or threatened to cause physical 
injury to another person, or

- Willfully used force or violence upon the person of another, 
except in self-defense.

But, what does this mean in "real life?"  It means student fighting, threats to hurt someone (even vague ones), and responding in a physical way when attacked by another student, can get a student punished.

Fighting in schools, unfortunately may not be what you think, as the schools deem anyone responding physically to an attack as being involved in that fight.  

Although self defense is listed as an excuse which should prevent discipline, self defense is rarely accepted as a reason to NOT punish, unless a student who is assaulted runs away to the office, to an adult, or curls up in a fetal position to take the beating...  I am not being sarcastic. 

For example, if a student is hit by another student, and hits back, the schools usually deems this "mutual combat," and suspend both kids, regardless of who started it.  The insertion of the words "except in

self-defense," is very confusing as schools usually ignore this phrase, and suspend students if they engage in any form of physical altercation, and even if the student has no other choice (e.g. they are attacked).  

There are times when schools may allow the self defense "excuse," for example, when it is glaringly obvious, such as with a gang beating, but for the most part in a two student battle, both will be punished regardless of who started it.

Additionally, the mere "threat" of physical harm can get a student punished.  A "hit list" against students or teachers, threats to students or school personnel on social media, in threatening or violent essays, and even drawings of guns and destruction can land a student in the discipline hot seat.  First

Amendment free speech issues may arise, but schools usually ignore such rights if they exist at all, claiming an immediate and disruptive threat.

Whether a student actually will be punished for such conduct each time is up to the school. 

Usually in the student handbook will be a grid with a list of crimes and the possible punishment for each.  With fighting, or other physical harm, the schools will usually allow suspension OR expulsion even on a first offense.

In the "old days," students could probably defend themselves for real and not be suspended, but in our "zero tolerance" world, this is not the case. Students are expected to take a beating or run away so they won't be in trouble.  

Alas, no one ever said that school discipline was logical or reasonable, and I would certainly never make that claim.

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.

Originally published 5/5/11, updated 1/16/18, 8/21/20

READ MORE - School Suspension And Expulsion For Fighting Or Threats of Harm

School Suspension Or Expulsion For Bullying

By Michelle Ball, California Education Attorney for Students since 1995

Do you remember the school bully?  Or, maybe you have seen movie depictions such as the red haired youth with his raccoon fur hat who terrorizes the main character, Ralphie, in A Christmas Story.  Bullying can occur anywhere in schools: in the classroom, in the bathroom, in the office, behind a building, on a field trip, on the way to or from school -- wherever students interact.  Bullying conduct, or actions that someone says are bullying, may result in a student being suspended or expelled. 

Per California Education Code section 48900(r), students who bully can be removed from school. Bullying is defined generally as:

[A]ny severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or can be reasonably predicted to have the effect of one ore more of the following [on a "reasonable pupil"]: 

1)  Places the student in fear of harm (for themselves or their property).

2)  Has a "substantially detrimental effect" to the student's physical or mental health.

3)  Causes substantial interference with the student's academic performance.

4)  Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school. [information summarized not quoted]

When implemented, the legislature did attempt to limit the application of this statute to require "substantial" interference in three out of four of the categories.  However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" to a reasonable student might be.  

The overbroadness of this statute means that practically anything can come under the "bullying" heading as many things kids do could put almost anyone "in fear of harm." 

Unfortunately, when disciplining students, schools require a low level of proof that an offense has occurred.  He who speaks first is believed.  And it does not help matters that expulsion hearings are usually in front of a panel of hand-picked District employees who will hear and decide on the matter.

The many ways actual and perceived bullying can manifest in school would be a good topic to go over with kids, so they can avoid a suspension or expulsion, as well as report bullying if seen to start the mandated investigation of process so they can help prevent it.  If you find your child being punished for "bullying," don't fear: with a thorough review of the legal codes and evidence, you just may show no bullying actually occurred. 

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.

Originally published on August 27, 2012, updated July 15, 2020

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

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