Showing posts with label school laws. Show all posts
Showing posts with label school laws. Show all posts

Tuesday, February 4, 2020

What is an SST aka Student Study Team and What Do They Do?

By Michelle Ball, California Education Attorney for Students since 1995

Schools seem to chug along unattended- Johnny goes to school and comes home and does his homework and on and on like a spinning wheel.  Then one day, a school administrator calls and says Johnny has been referred for an "SST meeting."  They then give a quick explanation about a school "SST team" which will help Johnny while you, the parent, sit confused, thinking that Johnny is really going to get some help this time, and being thankful that you got this call.  But until you know what an SST meeting or team are, it is hard to know for sure how excited we should get.

So, I thought I would clear up what an SST is, the value of an SST (or lack of value), and what the results should be of an SST.

Okay- I have heard the abbreviation SST interpreted different ways over the years, but here are the most common "definitions" of this term:

-  Student Study Team or their SST Plan or their SST meeting
-  Student Success Team or their SST Plan or their SST meeting
-  Student Support Team or their SST Plan or their SST meeting
-  Supercalifragilisticexpialidocious.... wait no that's not it. 

This SST team is made up of unspecified school staff, such as teachers, administrators, and others working in that system, who may (but don't have to) decide to get together at an SST meeting when a general education student is having struggles in school with his/her studies, behavior, or otherwise.  This is a general education "tool" to try to assist a student, and implement some strategies to avert the student's apparent decline in school.

An SST Plan (just called an "SST") may list areas of difficulty, what the parent will do to help remedy this and minor things the school will do, with responsibility assigned generally to e.g. the "teacher."  

This is great for kids that are not in special education or on a 504 (disability accommodations) plan or who don't want to be.  However, the bad thing about SST plans is that they are not enforceable similar to a 504 or IEP (Individualized Education Program- special education plan).  An SST is nothing if no one decides to do the steps outlined.  So it is important that the staff drafting the SST are honorable and actually implement it.  In other words, parents cannot go in later and say- "You were supposed to do x, y and z for Johnny per the SST!" and file some claim against the school for a remedy. 

SST plans are good when the staff and school are behind them.  In that case, if a student needs some additional general education support, they can help students.  For example, if the plan decides Johnny needs to be checked on more frequently than others, and the teacher does this based on the SST, Johnny could benefit greatly.

I have often seen SSTs touted as things parents have to endure prior to moving to a 504 or IEP assessment, which is not legal.  An SST cannot be mandated to occur BEFORE a 504 or IEP assessment proceeds at parent request.

SSTs also have no legal timelines, unless a timeline is outlined in school or district policy.  In fact, any mandates for SSTs would only be found if a school district bound itself and its schools: for example, if a school board votes to implement a policy that all SST meetings will be held X number of days after parent request, that could potentially obligate them.  However, in that case, the district would have to BIND ITSELF to do this. 

SSTs are basically plans that are great if you have good staff that will actually follow through.  Some schools do, so they are worth a shot.  Parents, however, may have to help the school follow through to implement the SST to help little Johnny.

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.


READ MORE - What is an SST aka Student Study Team and What Do They Do?

Friday, January 31, 2020

How To Exempt Your Child From Statewide School Testing


By Michelle Ball, California Education Attorney for Students since 1995

As we all know, our kids are required to take state mandated educational tests, such as the CAASPP (California Assessment of Student Performance and Progress), to evaluate where they are in relation to grade level standards.  Most parents have their kids participate.  However, parents may exempt their child from these tests, and have the right to, if they take a few simple steps.

First, why would a parent EVER want to exempt their child from state tests?  There are many reasons:

a)  They feel their child's self-esteem goes down after they see their scores or after the testing sessions, due to confusion.
b)  They don't want their kid to have to endure lengthy and grueling testing.
c)  They don't see the value in the testing.
d)  They just don't want them to take any more government sponsored evaluations.
e)  Other reasons.

So, what do they do about it?

Parents are supposed to be notified annually their child will particiapte in state testing (see 5 CCR-California Code of Regulations §852), and should also be notified of their right to opt out of these tests.  Often this notification will be in the school handbook or in other general school communication.


Notwithstanding any other provision of law, a parent’s or guardian’s written request to school officials to excuse his or her child from any or all parts of the assessments administered pursuant to this chapter shall be granted.

Per the state regulation, 5 CCR§ 852(c):

A parent or guardian may annually submit to the school a written request to excuse his or her child from any or all parts of any test provided pursuant to Education Code section 60640 [CAASPP] for the school year. If a parent or guardian submits an exemption request after testing has begun, any test(s) completed before the request is submitted will be scored and the results reported to the parent or guardian and included in the pupil's records. An LEA [local education agency] and its employees may discuss the CAASPP assessment system with parents and may inform parents of the availability of exemptions under Education Code section 60615. 

These laws give parents the right to pull their children from participation in the CAASPP assessment system.  

To achieve the withdrawal, the school or district can be contacted to see if they have an excusal form, or the parents can simply write a letter citing that they are excusing their kids from the testing.  Citing the above laws in the letter also couldn't hurt. 

Parents need to follow up to ensure this is actually implemented, as I have seen some teachers not get the message prior to testing and an excused child could be subjected to testing improperly.

Students should be given alternate supervision and work during the time of the testing, but should not be punished nor retaliated against due to refusing to be tested.  

Parents may be pressured to withdraw their excusal, but can stick to the excusal regardless and give their kids a break from hours of tests.

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
[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 - How To Exempt Your Child From Statewide School Testing