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

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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Friday, September 16, 2016

Athletic Motivation In Sports Transfers- Avoiding The Allegation

By Michelle Ball, California Education Attorney for Students since 1995

High school sports laws in California are the bane of many parents, and students, existence. They are restrictive and can be confusing for one and all. One of the most common issues for students involves the transfer process, particularly when an overzealous parent calls up the new school prior to the transfer or an old coach is associated with the new school. This may be found to be "athletic motivation" and can result in the student not being able to participate in sports for one calendar year.

No student who transfers schools (whether they move or not) may participate in sports at their new school until they are granted permission by the California Interscholastic Federation (CIF), the ruling body over California high school sports. CIF writes bylaws which are updated annually (usually during the summer) which cover most sports issues, including the ability of students to participate. If certain situations are found, such as athletic motivation, students will be restricted.

What is "athletic motivation" per CIF? Under CIF Bylaw 207C, what encompasses athletic motivation may include the following:

1) Relocation to a school within one year of a former high school coach moving to that school.

2) Relocation to a school when the student participated in a non-school athletic team (e.g. a club team) during the last 24 months, which is associated with the new school.

3) Relocation to a school where the coach of a student's community team works or is associated.

4) Relocation to a school where a majority of students from the transferring student's club or other community team attend.

5) Relocation to a school with which the student or their relatives have had pre-transfer contact, including but not limited to attendance at orientation or informational programs.

6) Relocation to a school about which the student or a relative has obtained pre-enrollment information from a third party, even via a friend who attends the school, a school club, or an intermediary.

7) Attendance at events of the transferring student (prior to transfer) by anyone representing the new school, e.g. a coach of the new school attends the student's football practice at the old school prior to transfer.

Note: This may not be an exhaustive list.

Number 5 can even encompass a situation where a student has a friend attending the new school and talks to that friend about their school, then moves there. The transferring student may be found to have athletic motivation due to the pre-enrollment contact.

Here is what the CIF Bylaw 207C.(1) defines as pre-enrollment contact:

"Pre-enrollment contact may include, but is not limited to: any communication of any kind, directly or indirectly, with the student, parent(s)/guardian(s)/caregiver, relatives, or friends of the student about the athletic programs at a school; orientation/information programs, shadowing programs; attendance at outside athletic or similar events by anyone associated with the school to observe the student; participation by the student in programs supervised by the school or its associates before enrollment in school..." [2016-17 CIF Constitution and Bylaws]

If a student is found to be athletically motivated by CIF, they can try to overturn that decision by attacking the basis for CIF's decision on appeal or by proving that:

"The [pre-enrollment] communication was completely unrelated to any aspect [of the new school] AND

Was of a type that, from the objective point of view of a reasonable person disinterested in the win/loss records of [the new school] does not have an effect upon the integrity of interscholastic athletics at [the old or new school]." [CIF Bylaw 207C(9)].

All pre-enrollment contact must be disclosed to CIF.

If you sit scratching your head on how overbroad this is, you are not alone. From reading the bylaws, it seems that almost any contact with a new school prior to enrollment, could support athletic motivation. And, if a student's second cousin, unbeknownst to the student, calls the school about football, this could be athletic motivation, and if a man who is married to a Board member talks to the student this could also be athletic motivation-- and on and on... This is because the bylaw is written to encompass way to many situations and is untenable for most families to manage in the real world.

All I can say is: "Welcome to high school sports!" [big smile, goofy baseball cap on, and floppy foam finger waving cheerfully!]

So, to try to avoid the athletically motivated allegation (hopefully), a family must ensure they avoid these situations. Otherwise, their child may be sitting on the bench at their new school for a full year unable to participate in sports.*

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

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 note this entry is based on the CIF rules from 2016-2017.

Tuesday, August 2, 2016

Preventing Problems In Special Education Service Delivery When Changing School Districts

By Michelle Ball, California Education Attorney for Students since 1995

Moving your home is never easy, but some stuff should be smooth: calling to set up utilities, finding a local grocery store, enrollment in school. These things should not be big deals, right? Sure. But, what if your child is in special education? How will their move go? Things can get sticky or services may stop altogether. Parents need to take action prior to relocating with a special needs student to try to avert disaster.

Technically and legally, nothing should change for your child at their new school. If a student had a full time aide while being mainstreamed, they should get a full time aide and be mainstreamed at their new school. If they had Resource English class, they should have it again, at least for a little while. Sounds simple.

The California Education Code section which addresses moves, 56043(m)(1) states:

If an individual with exceptional needs transfers from district to district within the state, the following are applicable...

(1) If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law. [emphasis added]

This applies to students changing districts in-state, leaving their old "SELPA" (Special Education Local Plan Area). SELPAs may cover an entire county, one district, or a region. Students moving in California and out of their prior SELPA should receive equivalent IEP services upon entrance to a new school district. Within 30 days of entrance into the new district, an IEP meeting should be held and the old IEP adopted or a new IEP developed. As usual, if parents do not agree to suggested changes to the prior IEP, they may reject some or all of them.

Per state law, if a student moves within the state and within the same SELPA, the new District must adopt the old IEP and provide services unless the parent and new IEP team agree to develop a new IEP (CA Ed Code section 56043(m)(2)). In other words, the IEP continues and no meeting must be set.

Federal law basically states that a student changing districts during the same school year within the same state shall receive comparable services at the new location (20 US Code 1414(d)(2)(C)(i)(I)).

If a student comes from outside of California, comparable services must be provided, but a new IEP cannot be developed until an assessment is completed (CA Ed Code section 56043(m)(3)) unless the new district determines a new assessment is not "necessary." (20 US Code 1414(d)(2)(C)(i)(II); CA Ed Code section 56325(a)(3)).

The only wrinkle in all of this is that the codes mention moves within the same academic year. No mention is made of a move during the summer, but arguably, the same things will apply whether a change is mid-year or during the summer. IEPs don't just evaporate depending on what month one moves.

An interested parent might now think: "This sounds great, as all schools will know and apply the law to all students and ensure my child gets services from day one, won't they?!" (crickets chirping) Unfortunately, its not always that simple.

Far too many distraught parents find that entering a new school for a special education student is a negative experience. For example, Mom gets a call from the school office verifying the secretary saw that her daughter (incoming student) is special education and Mom now believes all is well. However, when Jenny goes to school, there is no aide, she is not receiving her support services, and no speech and language sessions (supposed to be 3 times a week) are set up. Instead, Jenny is placed in a mainstream class with nothing more than a "hello." If she is lucky, a school counselor will show up to greet her.

To try to avoid this scenario, parents must prepare far in advance of a move. Here are some potential actions one may take:

1) Determine what the district of residence is for the new home.
2) Contact the district and verify the school your child will attend (sometimes schools are impacted and there may be no space). The school site may change also depending on special education services needed.
3) Speak to the person in charge of special education services at the new school/district.
4) Ask them to immediately request copies of the child's records.
5) Send your own copies of the current IEP and any relevant assessments. Often when a student is moving, files will trail them, not arriving until sometime after the student enters.
6) Call back to ensure receipt and review of the documents, to verify the services and supports being arranged, what site the student will attend, and all details.
7) Reconfirm services are in place prior to entering school.
8) Try to get in touch with your child's future teacher(s) and service providers to alert them to your child's entrance, needs, etc. and provide documents to them as needed.
9) Go with your child on day one and ensure everything is in place (you may need to take the day off of work or be prepared to). If not, contact the special education coordinator and/or special education director to get things moving.
10) Work until equivalent services (to the ones on your current IEP from the old district) are in place.
11) Ensure that another IEP meeting is set up within 30 days and prepare for that.
12) Remain diligent to ensure services are continuing, checking with your child daily and providers (as needed).

There is probably a lot more which could be done, and this list is just an idea. However, jumping on the situation and helping things along will ensure that the move DOES go smoothly, at least as far as school goes. Unfortunately, I can't help you with the cable guy.

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

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

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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Wednesday, January 30, 2013

Recent Parent Comments Regarding Michelle Ball And Successful Resolutions Of School Matters

By Michelle Ball, California Education Attorney for Students since 1995

Occasionally my clients take their very valuable time and write what we call "Success Stories." These are little descriptions or comments about their education matter and my involvement. I have recently been blessed with several coming in all at once and wanted to simply pass them on: two on expulsions and two on transfers. It has been my pleasure to be involved in these matters and to help the students involved!

"I would highly recommend Michelle Ball for cases involving education! My child was expelled for bringing a small pocket knife to school. Even though we were not contesting the fact he brought the pocket knife, we were definitely concerned that our District Office wanted to expel him for a whole year. This is a kid that has great grades, active in school and community activities, never missed a day of school and never had any previous blemishes on his school record. I felt the School District office was strong arming me into signing a stipulated expulsion that had no written conditions attached. I didn't know where else to turn. I had called half a dozen attorneys that would give me advice and I ended up selecting Michelle after reading testimonials on her website. I knew right away she was the right attorney to handle our case! Michelle was able to get our child schoolwork and graded while she worked this out with the School District and also got him back into his own school by the start of the next quarter. I would never have been able to do it without her. Michelle is knowledgeable and reliable. She kept me informed and she gave me hope. We are grateful we found her!" -- SS

"Back in CA & not a moment to soon...
After an entire decade of school districts in both California and Arizona discriminating against my behaviorally challenged and learning disabled student, Michelle Ball put them in their place quick! We were facing expulsion, yet she was able to stop this just in time, even on short notice. Instead of showing up to a meeting and being told how my son's future was "over" the entire administrative staff and educators present in a taped meeting did a complete 360 degree turnaround, staying nearly silent throughout the ordeal, only to say that they'd decided to keep my son enrolled and try better to make sure they had followed procedures for next time. Michelle did this with one email, which the principal received that morning! Now, I will say, that the former principal is unfortunately the new Superintendent of our district, but they aren't messing with ME anymore! My only regret is not calling Michelle 10 years ago, before my son was allowed special ed status. Our ordeal has been a literal nightmare up until this point, but things have certainly improved & I feel like a champion! Thanks so much...." - KC in CA at last.

"Michelle got us on track. Michelle’s knowledge of school district policies was invaluable in our effort to secure an inter-district transfer for our daughter. She provided a clear, concise argument for our case and kept us focused on facts that the school district would have to acknowledge. We ultimately prevailed in securing a transfer, and our daughter is thriving in her new environment. Thanks Michelle for all the hard work!"

– KH and CH

"Michelle helped us to successfully change a denied interdistrict transfer to approved. She is knowledgeable, reasonable, detailed, and a great communicator to have in your corner. I would absolutely hire Michelle again and recommend her to anyone needing educational representation." - LC

THANK YOU!!!!!!!! It was my honor to be involved helping these students!

Please note: these testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of a legal matter.

[This communication may be considered a communication/solicitation for services]

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

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!]

Thursday, January 17, 2013

Once Approved On An Interdistrict Transfer- Do Parents Have To Reapply?

By Michelle Ball, California Education Attorney for Students since 1995

Have you reapplied for an interdistrict (between two school districts) transfer and been denied? California schools are holding tight to their students due to monetary and other considerations. However, there is one bright spot which could help parents already on an approved interdistrict transfer: Education Code section 46600(a)(1).

Section 46600(a)(1) outlines some rules related to interdistrict transfers and states:

"Once a pupil in kindergarten or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter [e.g. interdistrict transfer], the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled." (emphasis added)

One exception (excluding students entering eleventh or twelfth grade in the upcoming year) requiring reapplication includes a breach of the terms of the interdistrict attendance agreement by the student. Reapplication would then be required. Interdistrict transfer terms vary, but usually include a requirement that the child attend school regularly, not receive certain discipline infractions, and other basic rules.

This section is relevant for parents who have had their interdistrict transfer approved for any reason. Per this section, once approved, the interdistrict transfer continues until breached.

However, most parents and districts think that a reapplication is necessary yearly. Section 46600 contradicts this presumption and reapplication may be unnecessary.

The reason I say "may" when the code seems so clear is that Districts can be slow to recognize legal change (this change went into effect in 2011) and this means there may be some "disagreement" among them on whether a new application is needed yearly. Districts may also try to do an end run around the code and make reapplication a "condition" of continued attendance.

If a parent wishes to be absolutely certain that his/her child may continue attending without reapplication, they should obtain confirmation from the districts involved. Or, if they reapply and are "rejected," may try to use this section (among others) to lodge an appeal.

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

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!]

Wednesday, June 27, 2012

Schools, Colleges, And Current Trends In One Education Law Office

By Michelle Ball, California Education Attorney for Students since 1995

It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut. With the internet, even MORE parents and students in trouble are finding me! So, I thought I would reflect on what the recent trends have been in my office where I focus only on Education Law.

This year, I have seen a great number of interdistrict (between two districts) and intradistrict (within the same district) transfer issues. It seems that many districts have been clamping down hard on students attending outside their area of residence. My phones have exploded with issues where kids who may have been attending a school previously are suddenly denied entry, or the student expected to go to "School A", but now has to attend "School B" which the family thinks is a bad school. It is distressing for all parties concerned, particularly the student! They don't know where they will attend, if they will have to make new friends, or what will happen.

I have also been handling a large amount of expulsions for a variety of matters, but have seen a rise in school expulsions for drug sales. These are very sad situations where a student gets caught up in the moment and they do something wrong.

I have seen more college disability-related issues lately as well. Disabled students in colleges need to ensure that they take the proper steps to notify the college of their disabilities and insist that proper accommodations be put in place. Students also need to ensure that they are mindful of discipline policies, and that if they are punished, they force the college to follow its own policies on discipline (and state law).

Special education denials abound as well, as due to financial woes, it seems school districts deny more students or limit services. This obviously leads to disputes!

Bullying by students and school staff (teachers, etc.) have hit my office, as well as expulsions for things on Facebook, in text messages, and otherwise. This is a somewhat new area of punishment and it can be confusing. I have found that many districts don't necessarily know or limit themselves to what the law requires in cases of internet or other electronic comments and can expel students technically outside their jurisdiction. Expulsion for speech on the internet while off campus crosses over into the area of free speech and the First Amendment. Students retain their First Amendment free speech rights in the school setting, although that speech can be limited (see Tinker v. Des Moines and cases since this time).

There are so many more issues as well! One thing which would help them all, and alleviate many parent complaints, is better communication with parents by school employees. I often find that if better communication had been in place, the parents never would have ended up in my office in the first place.

What have your school issues been this year?

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

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!]

Wednesday, March 14, 2012

Transfers for Special Education Students Achieved- One Parent's Story About How The Law Office of Michelle Ball Helped

By Michelle Ball, California Education Attorney for Students since 1995

What if you cannot get a simple transfer for your special needs children, but believe they will not be appropriately placed otherwise? My office was hired to assist one family who no matter what they did, could not get a transfer for their special needs children. When my office became involved, we were able to gather enough information and communicate effectively, thereby persuading the district that the transfers should go through.

Here is what one of the parents involved had to say:

"I highly recommend Michelle Ball! Michelle Ball is a fantastic education attorney. Our school district wanted to make a school placement within the district that was not in the best interest of our children (IEP, 504, and handicapped). The district was adamant that our request for transfer would not be allowed, seemingly in opposition to the law. We felt existing law supported our requested placement based on the services available at the schools in the district. In the face of a unified negative response from all levels in the district, she [Michelle Ball] provided legal guidance and support that ultimately drove the district to change their position and grant our request.

While the whole experience was unnerving, we learned not to give in, and pushed for a placement that was in the best interests of our children. The district seemed to believe that time and cost were on their side and that we would eventually accept their decision. With Michelle’s counsel we were able to fight and drive the district to change their position to one that met our children’s needs rather than the needs of the district. The cost of fighting the decision, while not insignificant, pales in comparison to the long term results that the district’s placement would have had on the rest of our children’s lives, and by extension, ours. They now have a much better chance at a quality education and a successful life, as opposed to the prospect of a less successful education experience and the negative impact that would have on the rest of their lives.

Many thanks!
-RJJ"

Thank you RJJ!

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

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 note: This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of a legal matter.

Wednesday, October 19, 2011

Interdistrict Transfers in California: Can A School Require You To Reapply?

By Michelle Ball, California Education Attorney for Students since 1995

Interdistrict transfers (move of student from one school district to another at parent request) are common events. A parent does not like where their child attends school, the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child. They then request a transfer to another school district. Once that transfer request is granted, can the school require students to reapply year after year for a transfer? No.

Per California Education Code section 46600, two school districts may enter an agreement to accept students of the other district. Once accepted on an interdistrict transfer, however:

"[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled."

This is wonderful as if you are "in," you remain "in." Previously, I would hear from parents who would have to reapply every year to maintain a transfer- no more.

Section 46601, however, does specify that a district may develop terms of revocation. I have often seen VERY VERY restrictive interdistrict transfer agreements stating that if a student "does not follow school rules," their transfer will be revoked. I would certainly argue against revocation for minor events. However, depending on the terms of revocation at the new district, this statute loses some of its strength. Still, for most parents, this will be good news.

Additionally, once a student is transferred and will attend the eleventh or twelfth grades in the upcoming year, their transfer can no longer be revoked. For the school of attendance to kick them out then, they would have to expel them or impose an involuntary transfer. This should ease some parents' worries on their high schoolers' continued attendance.

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/

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

Faceboook: 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!]

Friday, October 14, 2011

Now Is The Time To Change Schools In Roseville Joint Unified School District As District Identified As "Needs Improvement" Under No Child Left Behind: DEADLINE OCTOBER 17, 2011

By Michelle Ball, California Education Attorney for Students since 1995

Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools. As the District was identified as failing in certain areas, under No Child Left Behind, they are now obligated to allow students from Adelante High School, Roseville High School and Antelope High School to transfer to Granite Bay High School, Oakmont High School, or Woodcreek High School. See below for an email sent to me by a parent regarding this issue. So, act now, if you want to move. Also, see the District website and their announcement and form.

"For Immediate Release: For Further Information, Please Call:

October 5, 2011 Steve Williams (916-782-6565x1057)

Good evening this is Steve Williams, Director of Pupil Services, with an important announcement from the Roseville Joint Union High School District.

Once again, the Roseville District has shown steady improvement on the Statewide Academic Performance scores called API and those scores are posted on the District web page.

However, as part of the federal No Child Left Behind Act, our District has been designated for Program Improvement which requires us to notify every parent and also requires us to accept transfer requests from current Adelante, Antelope, and Roseville HS students to attend Granite Bay, Oakmont, or Woodcreek High School for the start of term two in January.

Students attending Adelante, Antelope, or Roseville High School, who wish to transfer, must apply to Granite Bay, Oakmont, or Woodcreek High School by Monday, October 17.

Student Transfer Enrollment Forms are available in the Main Office of Antelope HS, Roseville HS, the District Office, and online under RJUHSD Student Transfer Choice Program.

Please feel free to call my office if you have any questions at 782-6565x1057.

Thank you and have a good evening.

Steve Williams

Director of Pupil Services"

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