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?

College Discipline: Initial Contact And Investigation Meeting

By Michelle Ball, California Education Attorney for Students since 1995

 

College discipline hearings can be difficult matters, and they all start with the allegation and investigation.  Due to the potential for severe punishment, it is important the initial steps are not mishandled.

Usually the first notice of a discipline issue arrives via the student's official college email, with an attachment telling the student to contact the college in a few days to set up a meeting.  Often this notice indicates that if the student fails to reply, dire consequences may result, such as a hold on their records or a denial of class registration.  There may be reference to a vague or unidentified allegation, so the student may not be sure what they are being accused of.  Students should not ignore this email and should set up any meeting requested.

As the student may have no idea why they are being investigated, a polite inquiry should be made prior to this meeting to attempt to get more detail on the allegations.  If the staff say "you will find out at the meeting," the student should still respectfully ask if they may be provided with information on the context and what codes are alleged to have been breached, if this was not included in the initial notice

The student can also request copies of any "evidence" which has been gathered and if they can obtain such prior to the initial meeting.  

Colleges may have a student advocate office or other similar office which they can contact at the university to get some input and advice about local practices.  This may also be the time to seek input from family members, such as a student's parents (if the student is comfortable with that), or potentially other sources, to be prepared.  Although legal counsel may be denied entry to the investigation meeting(s), they can be consulted outside the meeting.

The student should review the college codes for all relevant areas of possible alleged breach, as well as any discipline policies the college has published.  For example, at the University of California, Davis (UCD), there are many policies on their "Office of Student Support and Judicial Affairs" page, including a link to the current policies and procedures that are applied in student discipline matters.  Not all colleges, unfortunately, have adequate information on line, or even adequate policies, but it is definitely worth the time to learn what may be out there before the meeting.   

It is important to remember that whomever a student may meet with during the investigation has a lot of experience in punishing students and far more knowledge in this area, usually, than the student, so doing anything one can to get prepared is critical.

At the initial meeting, the student will likely be interviewed, and will hopefully be fully informed of the allegation, context, and codes allegedly breached.  The student may even be asked to admit what happened.  Or, they may simply be told that the college will be investigating and will get back to them for a follow up meeting.

It is never certain what will happen with these allegations, but I have found that colleges  tend to believe the accuser, not the accused student, so students should be prepared for  being doubted and cast as someone who has done wrong, despite telling college staff the truth and/or providing an honest, heartfelt denial of any allegation.  

Additionally, even though the staff member who interviews them may seem like a very sweet, kind, and understanding person, that is part of their method of obtaining information and data they may be able to skew or use in a discipline hearing against the student.  It is best not to forget the nice person interviewing them is on the other side, likely trying to prove the student "did it," and is the one who will likely be making recommendations on what punishment the student may face.

It is a bit tricky.

University students may be able to be accompanied to this meeting by a parent or a college advocate, but it is up to the individual school on what they allow.

If faced with a surprise email from your college or university saying to "call us or else!" don't ignore it.  But, do approach it in a methodical and prepared way so you can help yourself navigate these tricky waters and keep pursuing your degree.

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.

READ MORE - College Discipline: Initial Contact And Investigation Meeting

How To Ensure Your Kids Get Educational Services And Don't Get Left Behind During Coronavirus

By Michelle Ball, California Education Attorney for Students since 1995

Millions of students have been impacted by the Coronavirus (COVID-19) in California and the US.  Being a student forced home with no or limited access to education has been detrimental to say the least.  The lack of instruction, increased time on social media or television, and lack of in-person socialization is changing students' lives.  How do we navigate this situation to ensure that our kids don't just languish, overlooked, waiting for help?  

As most school districts have announced closures the rest of the school year and schools will not start the 2020-21 schoolyear until August 2020, this will be a long long wait for education: roughly five months if school stopped in March 2020.

Some school districts have done very little, and students have not received books, have no online lectures or instruction, and have not heard from their teachers.  Some districts are doing more, but it is very slow.  Even in a "perfect" online situation, there will be dramatic limitations due to the digital format.  It is also likely that despite many great educational resources online, the majority of students will be dependent on their local schools for instruction, assignments, materials and otherwise.  

Students are now truly just a list of names or a picture on a computer.  

To get any attention or help, parents and students will need to step up, taking appropriate action to get services for their languishing kids.

I have always promoted to parents to put all requests and issues in writing when communicating with a school on student needs or problems.  With email, putting things in "writing" is easy.  A nice handy record is always developed.  This can be good and bad depending on how someone communicates, so always keep your manners in when emailing.

Emailing and/or sending formal correspondence to schools regarding student grading, materials, instruction, access to education and issues is even more important now.  

Any written request needs to be clear, organized and have certain elements.  For example, an email should ensure the "RE:" line is clear, and that in the body of the email the student is identified properly with their name, student ID/date of birth, as appropriate, school, grade level, and that the needs and issues are outlined, with the exact requests listed.  It is always easiest to get what you want if you ask for it first.  Otherwise, schools will create their own idea of what you want, or do nothing at all.

It should also be sent to the appropriate parties, including perhaps the Principal, teachers, and maybe even someone at the school district, as appropriate.

It cannot be understated how important professional communication outlining the issues, needs and desired outcome is for parents, particularly when many are vying for attention.  Without this, schools may not even reply to an email.  They are presumably pretty busy, and won't know what to do with an email that says "Help me, my son is at home doing nothing," but may reply to one with the parent name, student name, school, grade, current classes, what the student is doing and what the student needs from the school right now.  Clear communication is vital.  

If the school fails to follow-up, additional communication should be sent, and maybe even via regular mail or facsimile (if available).  Higher ups should be contacted as needed.

Some of the things parents should be asking for, could include:

1)  School textbooks
2)  Other materials needed for classes
3)  Assignment lists and due dates
4)  Instructions for those assignments
5)  Teacher notes and overheads
6)  Video or live instruction in all subjects, preferably daily at the same time a student normally had a class 
7) Technology that the student may be lacking to access their education
8)  Instruction on any technology a student may need to access their education
9) Tutoring on-line for all classes as needed and hours for such
10)  Policies on due dates, methods of turning assignments in, any grace period for turning work in, and any changes to the class grading policies
11)  Testing instructions, including when that will occur, and if it will be open book
12)  Any other item the student may be lacking to receive their education.

And remember, public school education is supposed to be free, so these items should be free of charge.

It is really important that our kids, who are now digital images, don't get lost or forgotten.  Inevitably, many will.  Many will not get materials or assignments.  Others will never do anything they are sent.  Still others won't ever be able to access any instruction that may be available or won't understand it.  It is critical that parents step in to help them or they may be severely damaged by the Coronavirus situation and forced exclusion from school, even if they never become physically ill.

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.

READ MORE - How To Ensure Your Kids Get Educational Services And Don't Get Left Behind During Coronavirus

School Suspension For First Offense Is Frequently Prohibited, But Schools Continue To Ignore Legal Mandates

By Michelle Ball, California Education Attorney for Students since 1995

In 2013, the California legislature amended Education Code §48900.5, clearly specifying when a student can and cannot be suspended for a first offense, designating what offenses were excluded from this prohibition, and just what "other means of correction" may be attempted instead of suspension.  Yet, to this day, this code remains ignored and improperly applied, which means thousands of students across California are being illegally suspended in breach of §48900.5.

The bad news here is that to get these improper suspensions out of a student's records, a legal argument needs to be made to the school or district, and they don't always believe parents nor determine that §48900.5 applies.  When legally challenged on the improper imposition of a suspension in breach of §48900.5, with clear arguments being made, they may remove and expunge the wrongful suspension from the child's records.  However, removal is not always certain, and presents a hassle for parents to pursue.  Schools can still assert their right to balk the law or try to allege "danger."  It would be much easier and fairer if schools would just not suspend for first offenses as described in §48900.5.

To reiterate what §48900.5 says:

  

(a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069.7. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons.

Sections (a)-(e) of §48900 cover the following offenses (the student may be suspended on a first offense for these actions):

(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.

(2) Willfully used force or violence upon the person of another, except in self-defense.

(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.

(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

(e) Committed or attempted to commit robbery or extortion.

You may recognize these are the more violent and dangerous offenses for which a student may be suspended.  Some of these also warrant a mandated recommendation for expulsion.

Regardless, if a student is not suspended under one of these subsections, and their offense is not "dangerous," they are NOT supposed to be suspended on their first offense, but should receive an alternative to suspension instead.  Examples of alternatives could be to complete a task at school, receive a detention, receive counseling, etc.  There is a long list in §48900.5(b).

What I have found is either the school officials are unaware of the requirement that alternatives to suspension be applied, or they don't care, and just keep imposing suspensions for non-violent offenses like they "always" have.  However, the amendment in 2013 to §48900.5 created a new standard that has to be met for a suspension to proceed.

Parents need to evaluate the suspensions their children are receiving, and challenge them where appropriate: where the suspension is a first offense, is not under §48900 (a)-(e) and is a non-dangerous offense.  This is the only way schools will start following the law and stop kicking our kids out of school for minor offenses.  The legislature meant what it said and the schools need to follow their clear mandate regarding first offenses.  Make sure that they do.

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 - School Suspension For First Offense Is Frequently Prohibited, But Schools Continue To Ignore Legal Mandates

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

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

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.

Per California Education Code §60615:

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

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 - How To Exempt Your Child From Statewide School Testing

Schools Have An Obligation To Provide Translated Documents

By Michelle Ball, California Education Attorney for Students since 1995

California is a diverse state, with many different cultures, nationalities and languages being spoken.  Residents' children, regardless of language spoken by students or their parents, have the right to attend California public schools.  Still, while non-English speaking students may attend classes (e.g. Spanish/English transition classes) which help them transition to English, their parents may remain non-English speakers.  How do they stay informed about their child's school progress, development, and any issues which might arise?

Education Code §48985  mandates that documents be translated for non-English speaking parents if pupils speak a language other than English and total more than 15% of a school's population:

"(a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language."

If pupils speaking a language other than English total more than 15% of a school's population, documents must be sent to their family in English and their native language (e.g. Spanish, Cantonese, Arabic, Hmong, Russian or other language depending on the population of the school).  Such documents should include report cards, testing notices, policies, enrollment paperwork, discipline notices and many other communications to the students' families.

Education Code §51101.1 further addresses the rights of parents to translated documents

"(a) A parent or guardian’s lack of English fluency does not preclude a parent or guardian from exercising the rights guaranteed under this chapter. A school district shall take all reasonable steps to ensure that all parents and guardians of pupils who speak a language other than English are properly notified in English and in their home language, pursuant to Section 48985, of the rights and opportunities available to them pursuant to this section.

(b) Parents and guardians of English learners are entitled to participate in the education of their children pursuant to Section 51101 and as follows

...

(2) To be given any required written notification, under any applicable law, in English and the pupil’s home language pursuant to Section 48985."

I have seen non-English speaking parents' rights breached via school district failure to provide translated documents.  This has included improperly translated expulsion hearing documents, suspension forms, report cards, and other legally mandated documents.  This prevents the non-English speaking parents from being able to read and understand the documents they receive and lessens their ability to participate in their children's education.

If you know someone who is not an English speaker, be sure they know their rights to translated educational documents pursuant to state law.  We all benefit if parents are engaged in their kids' education.

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 - Schools Have An Obligation To Provide Translated Documents