14 Steps To Attack A School Suspension

By Michelle Ball, California Education Attorney for Students since 1995

 

What does a parent do when their child, a stellar wonderful student, gets a suspension, which may tarnish their education records forever?  Attack it and try to get it overturned of course.

A student suspension is a permanent black mark in a school record, which will lurk in the background waiting to communicate negative about the student.  It will come up on college applications, depending on the college, and can harm a student in their future prospects.  How much is unclear.  What is clear is that suspensions are a big deal and should be addressed, not ignored, if possible.

A parent should immediately take action if a student is suspended:

1)  Meet with the school to get the school's version of what happened.  Take thorough notes.

2)  It is not a great idea for parents to  question their child in the school office about what happened as this may give the school evidence.

3)  Get a copy of the suspension form at this meeting if possible.  Sometimes schools don't even provide a written suspension form (in breach of the law), so if a parent does not have the suspension form, they should get it ASAP.

4) Review the meeting notes and the suspension form thoroughly.

5)  Meet with the student in private and get his or her version of what happened.

6) Compare the suspension form and what it says to what the student says to determine what  may be accurate on the suspension form, and what is not.

7)  Request the witness statements and other evidence of or related to the suspension.  These are student records, and must be provided, although schools often will balk at requests for these (see Ed Code 49069.7).

8)  Review these.

9) Review the school policies on suspensions and the practices and procedures related to them.

10)  Figure out what is wrong with the suspension- does it not meet school code, should the student have received an alternate punishment (see my blog on this)?  Even if the suspension is still appropriate, there can be other arguments to attack it, such as the student's lack of discipline history, the stories of the witnesses conflict, etc.

11)  After a parent gets all arguments together, a written document should be drafted to the school outlining the support for the student, arguments, and what is desired: the student returned to school now (if still out), and the suspension rescinded (reversed) and expunged.

12)  Forward to the school and request a meeting with someone who has the power to overturn the suspension, such as the principal.

13)  Meet with the school and use good manners, firm evidence and positive arguments to get an agreement to get rid of the student suspension now, or at a date certain in the future, such as at the end of the current semester or school year.

14) Review the student records to ensure the suspension is not noted anywhere.

Do it! 

If parents take action, they can potentially get suspensions out of student records and positively influence the student's future for years to come.

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, LinkedIn

 

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 - 14 Steps To Attack A School Suspension

Can A Bystander Be Suspended From School?

 By Michelle Ball, California Education Attorney for Students since 1995

What does it take to issue a valid school suspension?  Does a student have to DO something, or can they just be near someone who does something?  Over the years, I have seen bystanders (aka witnesses) punished by schools when they did nothing but watch others do wrong.  When are students who witness a wrong done by another guilty of an offense which can be properly punished by a school? 

The California Education Code lists out all the potential areas for which a student may be suspended or expelled.  It also lists out things that schools CANNOT punish students for.  Things not listed as suspension-eligible offenses are also not suspendable.  Schools are limited by these state laws, voted in by our legislature.  Of course, the codes can be vague, and cover a LOT of areas of alleged wrong, from arranging a drug sale, to possession of nicotine products.  

But what about bystanders or witnesses to an event?  What about the kid who watches as someone sells drugs to another but says nothing?  Or, the students who run to a fight and just stand there?  Unfortunately, sometimes schools punish students by association, believing as they were there, that they participated in the wrongful action.  

If a school validates a student did not actually commit a wrong, most just obtain their statement about the events and don't suspend the innocent student.  

Some, however, do.

A prime example I have seen is a school which suspended students observing a fight.  It seems that the school morphed a kid standing near a fight into an offender, claiming willful defiance.  I disagree strongly that standing near someone committing an actual prohibited act makes someone guilty of a wrong.  No suspension should issue when a student does not knowingly DO something prohibited.

Under Education Code section 48900(k), students may be suspended for willful defiance or disruption, but only if they are in ninth through twelfth grade, and it is highly questionable whether standing near a fight is defiant.  This in fact could be protected speech.  

These types of alleged bystander offenses should  be challenged by parents.  

The only disclaimer here, is the fact that California courts have sided with the schools, even for offenses which don't "fit" in delineated suspendable offenses, such as the restriction of students' ability to wear an American Flag shirt on Cinco de Mayo, to prevent alleged gang issues.  So, although I see no grounds for bystander offenses, the courts sometimes surprise you, supporting an almost dictatorial control over all kids under a school's authority.  

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 - Can A Bystander Be Suspended From School?

In House School Suspensions- What Rights Do Parents And Students Have?

By Michelle Ball, California Education Attorney for Students since 1995

There is a lot of focus in schools on the "big" discipline: out of school suspension (typically just called "suspension") and expulsion, and how to confront and handle these, but what about an In House School Suspension (IHSS aka IHS:In House Suspension or ISS:In School Suspension)?  What protections apply to a student put on an In House School Suspension?  

First, what is an IHSS?  An IHSS (referred to in the state statutes as "supervised suspension"- see California Education Code §48911.1) is where a student commits a suspendable act, but is allowed to physically remain on the school campus during the suspension time.  The student cannot attend their regular classes during the IHSS and it can extend from one period up to 5 days.

Parents often overlook IHSS as "nothing to worry about" as the child gets to stay at school and it does not impact anyone's schedules.  But, these "little" suspensions later need to be mentioned as a form of suspension on various college applications, depending on the college one may attend.  

Parents have rights, even with IHSS's.  Here are some rights that most parents don't even know they have:

1)  Right to telephone or in person notification st the time the the IHSS starts, California Education Code §48911.1(d)

2)  Right to written notice of the IHSS if it will go longer than one period (although the code does not say when), California Education Code §48911.1(d)

3)  Right to have an IHSS imposed only when "other means of correction" fail to bring about proper conduct.  However, IHSS would not be allowed if the student presents an "imminent danger or threat to the campus, pupils, or staff," or if an expulsion is being pursued, California Education Code §§48900.5; 48911.1(a).

4)  Right to a pre-suspension "hearing" where the student is presented with the evidence, and has the ability to defend themselves, California Education Code §48911(b).

5)  Right to be notified of the "other means of correction" attempted during the suspension "hearing," California Education Code §§48900.5, 48911(b).

6) Right to ask teachers for work, and the teachers to provide work.  If there is no work from the teachers- other work will be assigned, California Education Code §48911.1 (c)(4).

7)  Right during the IHSS to have access to "appropriate counseling services," California Education Code §48911(c)(2).

8) If the IHSS was assigned by a teacher, the parents should be contacted by the teacher to set up a conference about the suspension, California Education Code §48910(a).

9)  Right to appeal the IHSS if for a first time offense, and other means of correction were not applied (within certain parameters- not all are appealable on the first time), California Education Code §48900.5.

IHSS are not nothing.  They are lower gradients than regular suspensions, and far better than expulsions, however, they are still a black mark on a student's record and time that a student will be out of their regular classes, which may be significant if they have finals coming up or miss difficult subjects.  Parents should be aware of these and what they mean before they are thrust on their kids so they can act properly when they get that dreaded call at 1:00 on a Friday afternoon.

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

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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.

READ MORE - In House School Suspensions- What Rights Do Parents And Students Have?