School Recess Restrictions for Discipline- Are These Okay?

By Michelle Ball, California Education Attorney for Students since 1995

Once in awhile, a parent is surprised when their child tells them they were held in during recess by the teacher, and did not get a break that day.  Unfortunately, this may be partially okay for a teacher to do, depending.  Such restrictions cannot be overused and in fact there are arguments against them entirely.  Our trouble is there are conflicting laws on this issue which create confusion.

I met with a family involved in a discipline dispute with a school district.  During our discussion, it came up that the boy who had gotten into trouble had not had any recesses for a long period of time due to continuing behavior issues.  Although this was not the main focus of our discussion, what the family reported to me was disturbing simply as this was the "new" schedule of this boy, one with NO RECESS.  Additionally, the withholding of his recesses did NOT solve his behavior issues.  This was completely inappropriate and open to challenge.  

Per California Education Code section 44807.5:

"The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess." [emphasis added]

This is the entirety of the statute.  Getting NO recess ever is not reasonable or appropriate.

To add confusion to the matter is Section 352 of the California Code of Regulations, Title 5, which states:

"A pupil shall not be required to remain in school during the intermission at noon, or during any recess."

This regulation seems clear, but conflicts with the authority given in section 44807.5 to restrict recess.  Both laws seem to work against each other.  It is confusing to say the least.  Parents just need to do the best with what they have.

Many districts have policies on recess and recess restrictions, so parents need to start there.  What do their policies say?  If they say "no recess or lunch restrictions" the argument should be over. 

No kid should be kept in from every recess nor should they be kept in an entire period of lunch.  Doing so can be challenged by bringing up the above regulation disallowing this.  If the District brings up  §44807.5 the argument would then exist that holding children in all recess or all lunch is unreasonable and does not comply with §44807.5.  Youths need to get out of the classroom to have a break, run around, and just interact socially with other kids. 

Additionally, if such restrictions are occurring, the school may effectively be put on notice that they need to take action to address the issues.  A Student Study Team (SST) meeting, behavior assessment, or other actions could be in order.

School is not only about academics, but is also about socialization, exercise, life, and fun.  It should not be such that it becomes a prison where a student never gets let out of the cage. That would hardly be beneficial for anyone

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.

Published 4/5/11, updated 1/17/20 

READ MORE - School Recess Restrictions for Discipline- Are These Okay?

Parents Have The Right To Review Or Obtain Copies Of Their Child's School Records From Public or Private Schools

By Michelle Ball, California Education Attorney for Students since 1995

School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents.  Parents often don't even think about what may be in these files.  One way to debunk the mystery of what is being documented on your child is to make a written request for the education records.

Per California Education Code Section 49069.7 (previously 49069, but renumbered as of 1/1/2020), a parent has an absolute right to access their child's records.  This right transfers to a student when they turn 18.

Section 49069.7 states as follows:

Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools.  The editing or withholding of any of those records, except as provided for in this chapter, is prohibited.

What this means is that parents of students of all school levels may review, inspect, and request copies of records concerning their children which the school maintains.  The definition of "maintains" is a term of art, but it roughly means documents the school must or does keep, which are not personal notes [see also 34 Code of Federal Regulations section 99.3].  Access or copies of the records must be provided within 5 business days of any valid request.

This code also directs districts to develop procedures for parents to obtain student records which  should be outlined in school board policies. 

Schools can charge a per page copy fee for any records provided, but cannot charge for the time of the staff gathering the records.  

Parents may want to request their child's records in writing periodically, quoting any relevant board policy or Education Code §49069.7.  

Access to records at public schools should be provided within 5 business days.  Private school timelines are not clearly outlined in section 49069.7, but the records still must be provided timely. 

You never know what may be in your child's school records.  Most families will not find anything untoward.  Sadly, however, I have seen some parents shocked at just what was contained in their child's files, and thereafter needing to pursue a records correction.  

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 6/8/11, updated 11/28/17 and 1/7/20

READ MORE - Parents Have The Right To Review Or Obtain Copies Of Their Child's School Records From Public or Private Schools

Suicide Warnings, School Legal Requirements in California- Is Parent Notification Included In Your District Policy?

By Michelle Ball, California Education Attorney for Students since 1995

California public schools can be places of great joy, and terrible sorrow.  We all know that kids really can have it rough, and sometimes they don't talk to their parents to let them know they are suffering.  To address this, California public schools must, per state law, have a current Suicide Awareness Policy, which includes training for staff.

School districts are mandated, to have such a policy in all schools where seventh-twelfth graders attend (e.g. junior and high schools, or even K-8 schools if they cover seventh grade or up). This policy should address the needs of youth who are considered "high-risk" who are defined per Education Code §215(a)(1) as:

1)  Youth bereaved by suicide. [e.g. someone they know killed themselves]

2)  Youth with disabilities, mental illness, or substance use disorders.
3) Youth experiencing homelessness or in out-of-home settings, such as foster care.
4)  Lesbian, gay, bisexual, transgender, or questioning youth.

The policy must contain training guidelines for school staff and information on when and how to inform families of suicide prevention services.

One glaring omission in the code is a mandate to inform parents when a student expresses suicidal thoughts.  So, although a Suicide Awareness Policy may be in effect, that does not mean parents will be informed.

Additionally, sometimes schools report students to mental health authorities for an involuntary evaluation if they think the child presents a danger to themselves or others, with no warning to parents (called a "5150 hold" see Welfare and Institutions Code §5150).  

Over the years, I have had many worried parents who found their child (sometimes a disabled child who may be lacking in certain communication skills), was shipped off by their school to a psychiatric hospital for evaluation, with no call to a parent first, after an allegedly alarming communication.  Child Protective Services (CPS) may also become involved.

It is a sad day for parents when a child is moved to a psychiatric ward without forewarning, as the impacts can be devastating for a child and their family.  Yes, schools should act on true threats, but parents rights to provide medical or other care must be balanced into the mix.  It is a tough wire to walk for all concerned.

As the code does not define what should go into the school policy, and identifies that "stakeholders" must be involved in developing the policy, I would suggest that parents, although not specifically named in the code as "stakeholders," should be included in a policy's development and improvement.  

Parents may want to research their district/school policy and see if the policy includes a notification to PARENTS of issues that arise.  

Some parents may already have a family doctor or therapist, may have alternative mental health services available, or may simply be able to address the alleged issues directly with their child.  If the policy does not include parents in the mix (e.g. no required notification of parents when suicidal thoughts expressed), parents may be completely unaware of a suicidal communication from their child, which can lead to devastating consequences if the child acts on their threats.

Simply, if parents are not notified, they cannot act to help their child, and sometimes they may not know of their child's pleas until it is too late.

Ultimately, kids need monitoring in school and competent, thoughtful communication between responsible adults and their families who love them.  Parents and all those who are responsible for them, can't help them if they don't know.  As such, parents may want to make sure they are part of the school notification loop before it is too late.

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!]

READ MORE - Suicide Warnings, School Legal Requirements in California- Is Parent Notification Included In Your District Policy?

School Dress Codes and the Right of California Parents to Opt Out of Uniform Requirements

By Michelle Ball, California Education Attorney for Students since 1995

Earlier this week, a parent allegedly punched and injured an elementary school principal in Stockton, California.  According to the individuals interviewed in a Fox 40 (KTXL) video (see video below), this was supposed to be because of a t-shirt the student wore.  Apparently the parent thought her son was being targeted based on race.  I cannot comment on any of the alleged facts in the matter, BUT can discuss dress codes, opting out of them, and even gang-related apparel.

First, per California Education Code section 35183, schools may implement a dress code and may impose a requirement that students wear a uniform to school.  If a school chooses to go the uniform route, they are to provide no less than six months notice of the proposed change.  They are also to provide some sort of means by which low income families can afford the uniforms.

If a family does not want to have their child wear a uniform they may "opt out" of the uniform requirement.  How they do this is not specified in the code, but a district is required to outline just how a parent may opt out in their board policies.  Additionally, a student is not to be penalized in any way for not participating.

The school or district may also prohibit "gang-related apparel," but is required, per Education Code 32282, to define just what "gang-related apparel" is in their comprehensive school safety plan.  Per section 32282:  

The definition [of gang related apparel] shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment.

If a parent has a concern over the dress code, they may want to review the school dress codes, and the opt out options.

Here's the video regarding the whole Stockton situation: