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

Top 5 Parent Rights In School Expulsion Hearings

By Michelle Ball, California Education Attorney for Students since 1995

Expulsion hearings are horrific for parents due to the suddenness and shock of the situation ("expulsion- what?!"), and the lack of experience most parents have in the expulsion hearing process.  Top this off with administrators who may tell parents that, "The hearing panel will understand," (when they won't) or "You should do the hearing fast so Joe can get back to school," (when the administrators know that Joe probably will be expelled, not returned to school), and other falsehoods to lull parents into a false sense of security.  It is all very difficult to say the least.  If parents don't watch it and get educated, they may end up with their child expelled, and wonder what just happened.  

So, I thought it may be a good idea to remind parents of some of their key rights in the California public school expulsion process.

1)  The Right To An Expulsion Hearing:  This is one of the most basic rights of all (see California Education Code Section §48918(a)(1).  Many districts attempt to get parents to waive this right and sign a "stipulated expulsion" where they agree to the expulsion.  Whether this is a good idea will depend on the charges, circumstances, the child's discipline history, his/her guilt and other factors, but rule number one is don't just waive your hearing without considering everything and what the terms of the discipline proposal are.

2)  The Right To Proper Notice Of Hearing:  The District has to forward a written hearing notice 10 days prior to any expulsion hearing date per Education Code §48918(b) with certain mandated notifications included in the hearing notice.  The failure of a school district to meet this timeline can be instrumental in getting an expulsion overturned on appeal.  

3) The Right To Request And Obtain All Evidence And Documentation Pre-Hearing:  Parents need to request their child's complete educational files, as well as the school district expulsion packet early in the process.  Per Education Code §49069.7, parents have the right to all of their child's records, and per Education Code §48918(b)(5) they have a right to the expulsion records and evidence.  I have had parents tell me they did not get the evidence the school presented at hearing, or they were not received until the hearing was held.  This can be prevented by making a written request for documents early in the process.

4)  The Right To Never Have An Expulsion Proceed Based On "Hearsay" Alone:  This is a big thing, and is somewhat complex.  Attorneys have a whole year in law school on the rules of evidence, and hearsay is a very key part of these rules.  There is no way I can explain what hearsay is here, but needless to say, generally, if the student did not admit he "did it," and there are no witnesses at hearing in person who testify to what they saw (excluding an alleged sexual battery/assault victim), generally an expulsion cannot proceed, see California Education Code §48918(f)(2).  School districts break this rule frequently, with hearings where no one testifies and no witness says the student "did it" at the hearing itself.  I must caution, there are very complex rules around this, what does and does not count as "hearsay,"  the allowed process for getting "hearsay" documents admitted as "non-hearsay" etc,  but schools often mess this up.  This can also be a great reason to overturn an expulsion on appeal.

5)  The Right To Not Have Your Child Testify At The Hearing:  This is a very important right for parents, and whether a family exercises this right, will depend on the situation, and the evidence.  This right stems from the basic right to make decisions with regard to your child which every parent shares.  Whether your child should testify is VERY TRICKY TO EVALUATE and sometimes it is good for them to talk.  In other cases, it is not positive for them to speak, as the child may prove the school's case for them (e.g. it may help the school to expel them).  This is so difficult to determine, that sometimes I cannot evaluate whether a student should testify until the school has presented their case at the actual hearing itself.  

Whether a student should testify has to be evaluated matter to matter, depending on the unique facts and evidence in the case.  I list this as important here as most parents think they HAVE TO have their child speak as they are told this by school or district personnel and also at the hearing itself.  Parents may even be sneered at or invalidated if they refuse to allow their child to testify, but regardless, the parents are the ones who determine if they will allow their child to testify at an expulsion hearing.

There are many other rights in expulsion hearings, but parents should first get familiar with these five to help their children in the terrible process which school expulsion is for everyone concerned, but most particularly their child. 

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 - Top 5 Parent Rights In School Expulsion Hearings

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

Student Records Problems? Contact The Family Policy Compliance Office

By Michelle Ball, California Education Attorney for Students since 1995

Have you ever had a problem getting your or your child's student records from a school?  Or, have you encountered school staff speaking about your confidential student records in public locations or to other parents?  If so, there is an agency which may be able to help: the Family Policy Compliance Office (FPCO).

FPCO is a part of the United States Department of Education (USDOE) and is located in Washington DC. They enforce the Federal Education Rights and Privacy Act (FERPA), a federal law addressing student records rights at schools which accept federal funding. 

Complaints are accepted by FPCO from across the country regarding public and private schools which breach students' records rights.  Due to jurisdiction being limited to schools accepting federal funds, usually private schools at the elementary and secondary levels are not subject to FERPA.  

Per the USDOE website and the "FERPA General Guidance for Parents," some of the breaches which FPCO investigates include:

1)  Failure of a school to allow inspection and review of student records by a student and/or his/her parents/representatives.
2)  Failure of a school to provide a process to challenge the factual contents of records (opinions, grades or "substantive decisions" are not subject to challenge).
3)  Wrongful disclosure of information from confidential records (unless the person learned of the information some other way, had an "official role" in making a decision leading to the protected record, or the school official receiving the information has a "legitimate educational interest").
4)  Issues involving student/parent permission to disclose/not disclose records.

FERPA grants records rights to adult students as well as custodial and non-custodial parents.

An FPCO complaint must be filed within 180 days and may be mailed to:

U.S. Department of Education
Family Policy Compliance Office
400 Maryland Avenue, SW
Washington, DC 20202-8520

If you prefer to file electronically or would like more information on the whole process please visit the FPCO complaint page.

Be advised that FPCO complaints are not always the fastest way to go (a recent one I am aware of is still ongoing at nine months).  If you need to get a matter solved more quickly, involving an attorney is always an option.  I have been involved many times when parents could not get their children's records released or a college would not turn over copies.  I am always baffled when schools blatantly ignore FERPA and other laws which clearly apply to them.

So, if your requests for records have been denied, a teacher is spreading confidential information from records (e.g. special education or discipline information) around to improper people, or the school will not provide a process for you to challenge the factual contents of student records, a complaint lodged with FPCO may be warranted. 

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 Records Problems? Contact The Family Policy Compliance Office

Records Rights In California Community Colleges

By Michelle Ball, California Education Attorney for Students since 1995

Do you or a family member attend one of the many California community colleges?  Have you ever wondered what data the college is gathering on you? Or, have you had "issues" and want to see what is in your records?  Or,maybe you just wish to see what your records state prior to applying to transfer? You are in luck, as thanks to our legislature, obtaining your records from California community colleges is fast, relatively speaking.

Federal law (Family Education Rights and Privacy Act, aka FERPA) provides students the right to review their records within 45 days of a request.  This applies to many colleges, but in California, state law extends students' records rights beyond federal law.  California Education Code §76230 provides students the right to inspect and review their records within 15 working days of a request. This is roughly a 24-27 day difference (or more depending on the college's "working days") and means records review 3-4 weeks faster!  Copies of records may also be requested, but a college may charge per page copying fees.

In my work, 15 working days seems like forever, but a 45 day wait is an eternity, particularly when a student is about to be terminated from a program or has teacher issues.  Heck, some classes could be completed fully in 45 days (in various programs and/or if accelerated), so this law is very helpful.

Here is the exact language of the section:

76230.  Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such records,except as provided for in this chapter, is prohibited.

   Each community college district shall adopt procedures for the granting of requests by students to inspect and review records during regular school hours, provided that access shall be granted no later than 15 working days following the date of the request. Procedures shall include notification of the location of all official student records if not centrally located and the providing of qualified personnel to interpret records where appropriate.

So, if and when you need your records, use the above section to ensure your community college provides records timely.  Not all staff members of every community college are familiar with every law, so it never hurts to remind them of the legal time limit; politely, of course.

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 - Records Rights In California Community Colleges

Parents Rights in Public Schools- Sixteen Rights (And Counting) Which Parents May Not Know They Have

By Michelle Ball, California Education Attorney for Students since 1995

California Education Code 51101 has a handy list of public school parents' rights neatly packaged for use when push comes to shove in California schools.  Some of these rights may come as a surprise to parents who are being denied a simple parent-teacher conference, can't get their child's records, are denied volunteer opportunities, were never given the school policies, or are having other difficulties in the public school environment.

Section 51101 affords the following rights to California public school parents (be advised this is an abbreviated list and is paraphrased):

1)  To be "mutually supportive and respectful partners" with the school.

2)  Within a reasonable time to observe their child's current classroom(s) and/or future classrooms if transferring.

3)  To meet with the teacher(s) or principal within a reasonable time of their request.

4)  To volunteer in the school or classroom, under supervision of school employees and with approval of the teacher (if volunteering in the classroom).

5)  To be notified if their child is absent on a timely basis.

6)  To receive the results of standardized and statewide tests.

7)  To request a particular school and receive a response.

8)  To have a safe environment supportive of learning.

9)  To examine curriculum materials of their child's classes.

10)  To be informed of their child's progress and whom the parent should contact if there are problems.

11)  To access their child's school records (see also Education Code 49069 which requires provision within 5 business days).

12)  To be provided with data regarding skills and standards their child is to meet.

13)  To be informed in advance of school rules, including discipline rules and procedures, attendance policies, dress codes, and procedures for visiting the school.

14)  To be informed regarding any psychological testing the school does and to refuse the testing.

15)  To participate in parent advisory committees, schoolsite councils, or site-based management leadership teams.

16)  To question anything in their child's records with which they disagree.

Now, parents, did you know you had all these rights????  Now go out and use them.

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 - Parents Rights in Public Schools- Sixteen Rights (And Counting) Which Parents May Not Know They Have