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

Transitioning To College As A Disabled Student And Getting Support While You Are There

 By Michelle Ball, California Education Attorney for Students since 1995

Transitioning from high school to college can be exciting and challenging for young adults.  For a student who was previously on an IEP (Individualized Education Program) or Section 504 plan (accommodations plan) in high school, the challenges increase.  However, proper planning and talking to the right folks at the college or university where the student will attend or is attending can help.  

Students should be aware of changes that will occur as far as their obligations and the support levels to which they are entitled.  There is no more IEP plan or process, as all school IEP obligations vanish when the student graduates from high school.  There is no mandatory "504 meeting" to develop accommodations, nor obligation of staff to follow up for the student in college.  This means the student may be on their own, if they don't get a college support plan put in place and take steps to get it known and applied.  

Section 504 obligations continue to apply with colleges accepting federal funds, and the ADA (Americans with Disabilities Act) applies to most colleges, excluding religious colleges.  For public colleges, one looks to ADA Title II, and for private non-religious colleges, ADA Title III.  Housing requirements may be covered by the Fair Housing Act.  Other laws may also apply.  However, no one is obligated to do anything unless they are notified by the student of their disability and needs.

For academic and other accommodations, the first step is to contact the college or university's disabled students office, such as the "Student Disability Office" if a student attends the University of California, Davis (UCD), or the "Services for Students with Disabilities Office" at the California State University, Sacramento (CSUS).

Once a student makes contact, they should follow the procedures outlined by the college to become a registered disabled student.  This may involve provision of various documents evidencing a disabling condition, as well as meetings to discuss the student's needs in the classroom and at the college.  The discussion which ensues is typically called the "Interactive Process" during which the student should indicate what they think could assist them, with the school personnel offering their take on potential effective accommodations to help meet the student's needs.

The college is not obligated to alter the fundamental program in which the student must participate or the requirements for a degree, but they can set up items which can ensure the student proper access to the curriculum equal to other students.

Typically, there is a back and forth which may continue outside the meeting process, with a document eventually developed outlining what professors must do and put in place in their classrooms to assist the student.  The plan can also offer solutions for physical barriers and needs on campus, such as with regard to parking, accessible entrances and other items for the student to access their education and the campus.

Often the "plan" must be taken by the student and provided to professors who will need to implement it, prior to classes starting and/or before the student wants the accommodations to take effect.  This is different from during high

 school, where the obligation was on the school or school district staff to notify teachers and ensure an IEP was being implemented.  Now, the obligation to notify staff may be on the college student, depending on who must be notified (e.g. with some restrictions the student would not have access to applicable personnel and the college may need to step in).  

If there are issues with enforcement, the student can follow any internal process to resolve issues, or they can also file complaints outside the college with the US Department of Education's Office for Civil Rights or the US Department of Justice, Civil Rights Division, depending on the type of college.

If you or a loved one are in college now, and have disabilities, but don't have a formal support plan, it could be a good idea to look into what is available.  Even if a student is having no apparent issues or needs, it is often best to get these plans in place before an issue arises, as after it arises, the student cannot usually attack the college for "noncompliance" if the student either did not set up a a plan or failed to notify their professors about the plan.

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 - Transitioning To College As A Disabled Student And Getting Support While You Are There

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

Students And Parents Can Be Liable For Harmful Lies About School Employees

By Michelle Ball, California Education Attorney for Students since 1995

Have you ever been lied about and those lies hurt you in some way (e.g. lost friends, lost job, expelled)?  Negative statements about ourselves, particularly falsehoods, make us hopping mad.  Can minors who spread false statements be liable for their statements?  Yes.

This week (third week of November 2013), a Santa Clara County jury reportedly found several young girls (10 and 11 years old at the time of the incident(s)), along with their parents, guilty of defamation for lies they told about a private school teacher, John Fischler, alleging he molested them and peeked in their bathroom. One girl will have to pay punitive damages as she spread the lies with malice aforethought (basically intention to harm).  The other students and parents reportedly got off with a mere $362,653 bill to the teacher, who had to defend against the allegations and had his workplace poisoned against him.

This is quite a story, and the attorney for the girls mentioned that a "chilling effect" might occur from this verdict, which could prevent true reports from being lodged, for fear of lawsuit.  It is true: some people may not come forward due to fear.  However, factual statements are protected. 

Lying in the school setting does happen.  For example, I have seen young men who were falsely accused of wrongs by ex-girlfriends, or scorned lovers (and their friends).  The false communications caused recommendations for expulsion for sexual harassment and battery.  

We all remember the false accusations against Duke Lacrosse team members in 2006, where the men were falsely accused of rape.  Ultimately, the men were cleared, but not without over a year of struggle and infamy (negative) which will never go away.  The lies in that case led to the Lacrosse coach being forced to resign, and ultimately the disbarment of the District Attorney for his role in the matter. 

It is hard to know when a student is telling the truth or not, but having reliable statements is extremely important in many contexts.  In expulsions and/or student discipline matters, student statements are taken as evidence of wrongdoing, can lead to searches, a bad impression about the student and unfair discipline.  In expulsion hearings, student statements are allowed in as evidence, even hearsay statements (e.g. he said she said with no direct knowledge).  Often witnesses do not testify at an expulsion hearing, while their written statements may be accepted as evidence.  This is problematic for any student accused and the attorneys who defend them.

Student statements can also get teachers or school staff in trouble via the uniform complaint or other complaint process.  A student may lodge a complaint against staff members for alleged wrongs, which are to be investigated by the school and/or district and may make it up to the school board level.  If the statements are false, only trouble can follow.

Some good information about defamation (harmful false statements) and its subcategories of  libel (written statements) and slander (verbal statements) can be found here.  

Parents and students need to understand that any and all complaints or statements to schools should be factual.  It is risky to do otherwise.  

Best,

Michelle Ball

Education Law Attorney 
LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228
Sacramento, CA 95814 
Phone: 916-444-9064Fax: 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 - Students And Parents Can Be Liable For Harmful Lies About School Employees

Private School Contracts: Do You Have To Keep Paying If Your Child Leaves or is Kicked Out?

By Michelle Ball, California Education Attorney for Students since 1995

When a student leaves a private school midyear, due to moving, a change of heart, or a discipline exclusion, parents may be surprised to know that depending on their private school contract, they may still be obligated to pay tuition to the school after the student is gone.

Whether the family is obligated or not depends on the contract with the individual private school.  Was it written to obligate the family to cover a whole school year or to cover each month of attendance?  The answer is important.

Some private schools write contracts to cover a whole year of attendance.  In other words, a parent agrees to pay a set amount and it covers that entire school year.  The parent may opt to pay in advance, or monthly, but regardless, the amount is intended to cover a whole year.  Often the private school will win if this is the type of contract in place.  The "logic" applied in these scenarios is that if parents could just leave willy nilly, it would mess up the school planning.  For example, if the school has 500 students attending at a total promised amount of $10,000 each, the school counts on $500,000 to cover their salaries, rent, and other expenses.  If parents can just leave and not pay, the school may see itself in a tight spot, unable to pay their staff or maintain the school.  

Other schools may have parents simply pay monthly to cover the month.  In other words, they know they will owe X amount per month and the contract is not for a whole school year.  Parents may also pay in advance, but the funds would still simply cover each month individually.  These schools may even have in their contract the fact that if a student leaves, any advance would be refunded and/or no amount would be owed.  This is a MUCH better arrangement for families, as if something unexpected happens and a student departs, the private school parent involved should not owe past the month they last attended.

The whole thing is very confusing, but I have seen contracts in both camps.  So, if possible, it may be a good idea to obtain and compare various private school contracts in advance of enrollment to try to figure out which one is most favorable contractually.  For, once a contract is entered, it is not that easy to escape.

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

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

Twitter: http://twitter.com/michelleaball

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

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. 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 - Private School Contracts: Do You Have To Keep Paying If Your Child Leaves or is Kicked Out?

College Free Speech on Campus Case- Yu V. University of La Verne

By Michelle Ball, California Education Attorney for Students since 1995

This week, the California Court of Appeals, Second District, issued a decision in the matter of Yu v. University of La Verne.  This case, involving a private college and law school, is very interesting and explores the free speech rights of college students.  It also may be applied outside of its limited forum (private university) in the future.

Yu involved law student Katrina Yu who was punished for alleged plagiarism and academic dishonesty when she submitted an assignment which contained verbatim internet content.  The assignment also contained content alleged to have been copied from another student.  In May of 2010, Yu and three other law students were informed that they were being investigated for plagiarism and academic dishonesty.  While the other university students involved negotiated an unknown outcome, Yu took her matter to a three panel hearing within La Verne.

After the hearing, the panel issued a decision where Yu was to receive no credit for the class and a "0" grade on the record.  Yu appealed to the Dean.  In the La Verne policies, it states that the Dean may increase a student's punishment.

The Dean reviewed and raised Yu's punishment to a year suspension and a letter of censure, presumably along with the other punishments recommended by the panel.

Yu thereafter filed a request for a preliminary injunction (order from the court) to halt the implementation of the Dean's punishment.  The reason alleged was that Yu had been punished for the exercise of her free speech (aka First Amendment) rights for filing an appeal to the Dean (e.g. she alleged that her punishment was increased ONLY because she appealed).  The request for preliminary injunction was filed under Education Code section 94367.

Yu's request was denied by both the trial court and the Court of Appeals.  The Court of Appeals found that Yu's communication to the Dean was within Yu's free speech rights, but that she had not shown that she was punished solely for her exercise of speech to the Dean, as required by 94367.  They denied her request.

This case if very interesting and useful as far as the discussion of the free speech rights of college students.  It also holds a lesson in what can happen if a plea deal is not accepted.  College students should go into their appeals cautiously as the outcome can be more than the student bargained for and can involve a punishment not previously contemplated.

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

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

Twitter: http://twitter.com/michelleaball

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

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. 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 - College Free Speech on Campus Case- Yu V. University of La Verne