CIF Denial of Sports Eligibility: Which Denials Are Appealable?

By Michelle Ball, California Education Attorney for Students since 1995

CIF, the California Interscholastic Federation, which governs all high school sports in California, is often mystical, and its rules are completely confusing. When a student is denied the right to play sports for some reason, the immediate instinct is to file an appeal to CIF higher ups. But only limited issues are appealable with CIF per CIF Bylaws.

What IS Appealable to CIF?

Here are the matters that may be appealable to CIF:

1. Conflict with a coach
2. Following a coach
3. Pre-enrollment contact
4. Club coach at new school
5. Relocated coach
6. Athletically motivated
7. Age requirement
8. Charge of semester of attendance
9. Passing 20 semester credits
10. Former coach

What is Not Appealable to CIF?

Here are the matters that may not be appealable to CIF:

1. Sit out period
   • Per CIF bylaws: "Q: My son was denied the Sit Out Period. May we appeal this ruling? A: No."
2. Hardship, all bases
   • Court ordered transfers
   • Children of divorced parents
   • Individual student safety incidents
   • Discontinued program
   • Foster and homeless children
   • Military service
   • Married status
   • Board of education ruling.
   • Per CIF bylaws: "All eligibility determinations made [under this hardship section] are final as all of these hardship circumstances are factual in nature and can be documents."

Unclear Appeal Rights to CIF?

There are also areas where it is not clear in CIF bylaws whether a matter may be appealable, such as:

1. Discipline transfer
2. Mistake in documents submitted to CIF
3. Scholastic eligibility
4. Bad faith
5. Student starts living with one parent (after initial residential eligibility was established with two parents) but there is no court order or formal custody agreement formalizing this
6. Other areas not defined in CIF policy

Importance of Ensuring Schools Understand Transfer Bases

This confusing situation emphasizes the strong need for parents to ENSURE that they assist the new school in understanding the reason for the transfer and provide any formal documents supporting the transfer. They also need to assist the new school to submit the transfer paperwork to CIF and ensure it is carefully done. The seemingly simple transfer form needs to have all evidence to support the bases for the transfer e.g. being based on hardship, as there won't be a CIF appeal if the paperwork fails to be provided.

Parents also need to ensure the prior school is aware of any reason a student may be transferring that may meet CIF "hardship" or other categories, so that school can also report the situation correctly when contacted by CIF.

Most parents are completely unaware of the impact a terrible filing will have on the student, until it is too late. Parents need to be fully aware of these issues prior to enrolling in the new school so they can handle this with the student's new coach or athletic director properly.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook, LinkedIn

 

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

READ MORE - CIF Denial of Sports Eligibility: Which Denials Are Appealable?

14 Steps To Attack A School Suspension

By Michelle Ball, California Education Attorney for Students since 1995

 

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

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

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

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

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

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

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

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

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

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

8)  Review these.

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

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

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

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

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

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

Do it! 

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

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook, LinkedIn

 

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

READ MORE - 14 Steps To Attack A School Suspension

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

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

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?

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

By Michelle Ball, California Education Attorney for Students since 1995

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

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

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

Section 1

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

Section 5

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

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

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

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

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

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

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

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

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

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

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

Eight Things NOT To Do At A School Expulsion Hearing

By Michelle Ball, California Education Attorney for Students since 1995

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

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

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

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

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

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

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

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

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

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

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

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

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

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

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

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

By Michelle Ball, California Education Attorney for Students since 1995

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

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

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

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

Per California Education Code 48925(c):

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

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

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

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

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

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

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

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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. 

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

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

By Michelle Ball, California Education Attorney for Students since 1995

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

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

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

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

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

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

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

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

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

Students with IEPs also must be provided with their related services

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

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

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

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

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

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

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

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

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

Take action and be well.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

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

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