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

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

By Michelle Ball, California Education Attorney for Students since 1995

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

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

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

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

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

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

Education Code §48900:

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

A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

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

Student Electronic Posts Online (In Public Or Private Groups, Chats, And Texts) Are Not Really Private And May Bring Punishment

By Michelle Ball, California Education Attorney for Students since 1995

Students frequently post things online, make snarky comments to friends, and feel protected posting in "private" online forums, such as Snapchat, Facebook, Twitter, Instagram or otherwise.  However, these posts can come back to haunt them when they are called in and suspended or placed up for expulsion.  Even great kids can post something wrong sometime--and "get away with it," but how long can their luck last?  For some- the answer is not long enough.

In recent months, I have seen more and more kids up for expulsion or suspension for posts or comments in electronic media.  This is really disturbing as some of the things I see students being punished for really do not support school discipline.  Schools also seem to now be lumping student groups together for punishment, rather than looking at individual culpability.  Staff are choosing to punish all student members of a private group where posts were made regardless of whether they actually committed a suspendable or expellable act themselves.  This is disturbing to say the least, for students and families across California.

So, I thought a review would be helpful so parents can review this with their kids prior to it being "too late."

The California Education Code now extends jurisdiction for student acts far beyond the school doors and the school day.  This really began in full force when the bullying discipline rules were developed, as outlined in section 48900(r).  These rules allow punishment for bullying activities, including "electronic acts."  This punishment may be okay if the traditional rules of jurisdiction applied limiting schools in the scope of their punishment to student acts going from/to school, at school or school events, etc. which has previously been a limiting factor.

However, the legislature now allows electronic acts to support school punishment for bullying, intimidation, harassment, etc and define "electronic act" (Ed 48900(r)(2)(a)) as: 

"“Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication..." [underline added]

Well, this has opened the floodgates to jurisdiction, as now schools can reach internet or phone posts at home, on weekends, or any other time posted.  This coupled with schools labeling all negative comments on line as "bullying," "intimidation" or "harassment," when they are negative about a group, person, or school staff member, even if private or only told to a small group of students, has resulted in a boom of student punishments.  Parents, who have never before encountered the school discipline machine are being called and told that what their child did online was bullying and they are out.  With the limited investigations being performed, this can be fast and terrifying for student and parent alike.

Some examples of what schools are punishing students for nowadays  (some valid, some invalid) include:

1)  Posts involving criticism of students or staff.
2)  Posts discussing acts that are hypothetical (e.g. harming a student with no real intent).
3)  Jokes or funny pictures.
4)  Posts with weapons and/or threatening someone.
5)  Comments about racial groups, disabled students, or just students in general whether actually bullying them or not
6)  Comments about the opposite sex and sexual matters
7)  Anything the school sees as "negative" and can squeeze into the bullying, harassment, intimidation, etc. category
8)  So many other things----

Schools will also use any data gleaned to develop "reasonable suspicion" to then investigate a student for e.g. drug sales, or other inappropriate activities.

Parents of kids who made an offhand comment on a private chat,or otherwise, are now faced with their children being suspended or even expelled for their comments or jokes.  The executioner- the school- doesn't really care about First Amendment rights, but rather care about getting any perceived threat out so they can cover themselves.

These rules and their application to everything people say on line if comments somehow relate to the school setting or someone who is involved with the schools, chills free speech.  I imagine someday, some large civil rights group may try to challenge the application of these policies to try to limit them, but for now, we are faced with having to stop our kids from posting anything that anyone under the sun could misinterpret as offensive, harassing, bullying, intimidating, inappropriate, discussing race, sexual relations, or otherwise being interpreted as wrong.  How are kids to do this?  It can be tough to not make a 5 second offhand comment online which later someone says was inappropriate.

And, one large rule to remember here: NO ELECTRONIC POST, PICTURE, OR PRIVATE GROUP IS REALLY PRIVATE.  If a student posts something privately and one other student or parent reports it- it is no longer private.  Even in Snapchat where supposedly pictures are gone forever- people take screenshots of negative posts and turn them in to the schools frequently.  

Parents, I hate to be the bearer of bad news, and I don't agree with the long arm of the schools now in place.  However, for now, parents, please discuss this speech-chilling situation with your kids and advise them to be cautious in what they post, and perhaps, to ask themselves  prior to posting or joining a group where inappropriate comments are made: "If my school principal saw this post/group what would he/she say?"


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 - Student Electronic Posts Online (In Public Or Private Groups, Chats, And Texts) Are Not Really Private And May Bring Punishment

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

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

Bullying And Cyberbullying - You Must Report It To The School

By Michelle Ball, California Education Attorney for Students since 1995

Bullying at school is certainly in the news.  Just this week another twelve year old leapt to her death after allegedly being bullied for a year.  This is a tragedy.  Will the school district be liable?  We shall see.

The fact bullying and cyberbullying occur alone are not enough for school districts to be liable.  Rather, a school or district official who has the power to address bullying must have actual knowledge of the bullying and/or harassment which is occurring.  If bullying goes on but no one tells an administrator who can do something about it, or no official witnesses the bullying, liability may not lie (see the U. S. Supreme Court cases Davis v. Monroe County  Board of Education and Gebser v. Lago Vista Independent School District).

Bullying can have dreadful effects.  It can lead to suicide, murder, isolation, failures in school and other negative impacts.  As families may not have access to bullies, the schools and police often must be involved for bullies to stop. However this presumes parents KNOW about the bullying in the first place.  This may not be the case. 

A bullied student may not tell their parents they are being targeted due to embarrassment or thinking they can handle it on their own.  They may even believe they deserve the treatment due to a diminishing self-esteem.  They may feel worthless and trapped in a cycle which will never end.  Do you remember being a teenager?  Didn't it seem like childhood would never end and that you knew and could handle everything yourself?  That your parents knew less than you?  Today's youth go through the same thing.  Because of this, parents MUST get nosy and investigate what is going on in their child's life, on-line and off. Internet sites like Facebook, Twitter, Instagram, etc. need to be reviewed to ensure nothing untoward is happening.  Cell phones need to be checked. Inquiries need to be made before it is too late.

Once bullying is discovered, it needs to promptly be reported to school officials via the district/school official bullying process (see California Education Code §234.1 which requires districts to have a complaint and investigation process).  Once a report is made, it then needs to be followed up on to ensure that something effective is done.  

Schools can investigate situations, interview kids and potential witnesses, impose in-house or out of school suspensions, involuntary transfers and even expulsions depending on what they find.

In most situations, reports of bullying will result in action by the school or school district.  If an inadequate or no response issues, parents need to seek legal help to solve their issues before the bullying leads to tragedy.  Parents, please get into your kids' lives, before they end up as headlines in the daily news due to bullying of which you were never aware.

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 - Bullying And Cyberbullying - You Must Report It To The School