Minimum Physical Education Requirements in California Schools

By Michelle Ball, California Education Attorney for Students since 1995

Did you dread exercise as a child or did you long to run and play kickball during math or English instruction? It seems that the time allotted for Physical Education (PE) has dwindled over the years, but California students still have a right to receive PE on a daily basis (unless exempted).

PE may seem like an obvious need: of course students should be taught baseball, basketball, how to run fast or just play with a team.  It is not as obvious as you may think.  Rather than ramp up PE to fight obesity, America chose other routes, such as attacking sugary drinks via taxes, attempts to stop the sale of extra large sodas, blame on fast food, while at the same time PE and children's activity levels dwindled over time. With the crisis of deteriorating schools, dwindling test scores and America falling behind the world in education, PE became something easy to cut out of school curriculums.  However, PE is written into state law as a mandatory part of our children's educations.

In first through sixth grades, California Education Code §51210 requires 200 minutes every 10 school days: twenty minutes a day.  A parent even filed suit on the issue when his district cut PE minutes to 120 minutes every 10 days in Doe v. Albany Unified School District.  The parent won, and the court of appeal validated §51210 and its PE mandate.

For students in seventh through twelfth grades, the amount is even higher, with a 400 minute every 10 day requirement outlined in California Education Code §51222.  If a physical fitness test is passed in grade 9, a student may be exempted for up to 2 years of PE in tenth through twelfth grades.  However, alternative physical education elective classes must be made available if the student is not going to participate in traditional PE.  

Students may get out of some PE hours to engage in Drivers Education (Education Code §51222), if they are involved in sports (Education Code §51242), if they attend school less than half the normal time,  if they have a physical disability (Education Code §51241) and perhaps for other reasons.

The legal minimum for graduation from high school is two PE courses (see Education Code §51225.3 (a)(1)(F)).

Have you checked whether your child's school is meeting these legal minimums?  If not, an investigation into the situation may be needed.

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!]

READ MORE - Minimum Physical Education Requirements in California Schools

Bullying And Cyberbullying - You Must Report It To The School

By Michelle Ball, California Education Attorney for Students since 1995

Bullying at school is certainly in the news.  Just this week another twelve year old leapt to her death after allegedly being bullied for a year.  This is a tragedy.  Will the school district be liable?  We shall see.

The fact bullying and cyberbullying occur alone are not enough for school districts to be liable.  Rather, a school or district official who has the power to address bullying must have actual knowledge of the bullying and/or harassment which is occurring.  If bullying goes on but no one tells an administrator who can do something about it, or no official witnesses the bullying, liability may not lie (see the U. S. Supreme Court cases Davis v. Monroe County  Board of Education and Gebser v. Lago Vista Independent School District).

Bullying can have dreadful effects.  It can lead to suicide, murder, isolation, failures in school and other negative impacts.  As families may not have access to bullies, the schools and police often must be involved for bullies to stop. However this presumes parents KNOW about the bullying in the first place.  This may not be the case. 

A bullied student may not tell their parents they are being targeted due to embarrassment or thinking they can handle it on their own.  They may even believe they deserve the treatment due to a diminishing self-esteem.  They may feel worthless and trapped in a cycle which will never end.  Do you remember being a teenager?  Didn't it seem like childhood would never end and that you knew and could handle everything yourself?  That your parents knew less than you?  Today's youth go through the same thing.  Because of this, parents MUST get nosy and investigate what is going on in their child's life, on-line and off. Internet sites like Facebook, Twitter, Instagram, etc. need to be reviewed to ensure nothing untoward is happening.  Cell phones need to be checked. Inquiries need to be made before it is too late.

Once bullying is discovered, it needs to promptly be reported to school officials via the district/school official bullying process (see California Education Code §234.1 which requires districts to have a complaint and investigation process).  Once a report is made, it then needs to be followed up on to ensure that something effective is done.  

Schools can investigate situations, interview kids and potential witnesses, impose in-house or out of school suspensions, involuntary transfers and even expulsions depending on what they find.

In most situations, reports of bullying will result in action by the school or school district.  If an inadequate or no response issues, parents need to seek legal help to solve their issues before the bullying leads to tragedy.  Parents, please get into your kids' lives, before they end up as headlines in the daily news due to bullying of which you were never aware.

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 - Bullying And Cyberbullying - You Must Report It To The School

The Suspension Extension Meeting And What To Expect

By Michelle Ball, California Education Attorney for Students since 1995

After a student is suspended from school for a serious offense, his or her parents may be informed that another meeting will take place, usually at the school district or with district officials.  Sometimes schools wrongly call this an "expulsion hearing," which worries parents unnecessarily, sort of like when your child is out driving your car and a cop calls, asks if you own that car and hangs up without telling you why they asked that scary question...  Rather than a car wreck, this first meeting, (unless formally noticed as an expulsion hearing with written notice mailed out 10 days prior) is only a suspension extension meeting. 

A suspension extension meeting occurs during the initial suspension time period, (the first 1-5 days the student is out of school on suspension), to prevent the student from returning to school when the initial suspension concludes.  This meeting usually only occurs when the Principal has already recommended expulsion and it is moving forward to hearing.  [Please note: "suspension extension meeting" is not its "official" name and it can go by various titles.]

Here is what should happen at a suspension extension meeting:

1)  District administrator and family meet to discuss the situation.  A school official may also be there.

2)  Administrator is supposed to make an actual determination as to whether the:

"Presence of the pupil at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process."  [California Education Code §48911(g)]

3)  If the student does not fit the above, their suspension is not supposed to be extended and they can be placed back at school or at an alternative site.  

Usually what occurs is that the child and family are told:

1)  Your child is up for expulsion.

2)  He or she must stay home until the hearing.

3)  The hearing will be scheduled and/or the expulsion hearing is on X date.

4)  No determination is made regarding dangerousness, at least not with the parents input.

5)  The family may also be handed any evidence gathered, but this does not always occur. 

6)  Sometimes the family is handed an agreement and pressured to sign it.  Parents are wise to take the agreement and review it with legal counsel. 

7)  Sometimes arrangements are made for attendance at an alternative site/program.

A non-dangerous/non-disruptive student should be moved into an alternative educational environment for an "education" while the expulsion hearing is pending. However, sometimes administrators assert, based on another Education Code section (§48913), that no work has to be provided during suspension.  I take strong issue with such a statement.  The legislature never intended actually non-dangerous students up for expulsion to sit out of school for up to 30 schooldays doing nothing but twiddling their thumbs. 

The one thing this meeting is sometimes good for is negotiating outcome, but to accomplish a decent outcome, usually legal counsel needs to be involved.  It is not often that I see administrators offering up good deals at these meetings when legal counsel is not there.  Rather, I see parents arrive at my office with cruddy deals for the worst possible punishments which they were pressured to sign or else "go to hearing!"  Sometimes hearings are necessary when the only other option is terrible.  

Hope this clears up the muddy waters a bit. 

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 - The Suspension Extension Meeting And What To Expect

How To Negotiate A Better School Expulsion Outcome

By Michelle Ball, California Education Attorney for Students since 1995

Expulsions from school unfortunately occur more often than one might think. Parents who believe life is going along smoothly with their children, may find themselves on the end of a phone call with a Vice Principal telling them to come pick up their child as they are up for suspension.  Upon arrival and discussing the situation, they may also be told their child is up for expulsion and the matter is going to hearing.  

Is there any hope for resolution before the dreaded expulsion hearing?  There may be.

Usually, parents with a child up for expulsion wait for the expulsion hearing to take place to plead their case, believing the expulsion hearing panel and/or hearing officer will believe them and have mercy.  Unfortunately, the expulsion panel usually takes a limited view of their punishment options and may feel they have no choice but to expel a student irregardless of a parent's plea and even on the slimmest of evidence.  

Most parents do not know there are other options than proceeding to an expulsion hearing, such as negotiating the discipline outside the hearing process via "stipulated agreement," (aka "stipulated expulsion"- basically a written expulsion agreement). 

These stipulations may be offered by a district, but usually, if a stipulation is offered with no parent request, they are poor offers for the child.  If one is offered and the parent thinks it is too harsh, and/or if no offer is forthcoming, a parent can step-up and try to better the situation.

A parent might do this by:

1)  Obtaining all evidence in the matter plus all student records, and

2)  Reviewing all, and

3)  Writing up a letter explaining who their child is and a factual summary (written honestly, but favorably for the child), and

4)  Including in the letter a request for resolution pre-hearing with a specific suggestion of punishment which should be tried instead. 

Such a letter could move the matter toward a resolution which may be more tailored to what the family wants.   

Some possible alternatives to "full" expulsion could be:

a)  A behavior contract with return to school, or 

b)  An involuntary transfer to another regular (aka comprehensive) school in the district, or

c)  A suspended (probationary) expulsion with minimal terms, or

d)  Some other creative alternative (the sky is the limit).

Parents can route their request to the person in charge of the expulsion process as a first step and can try to address the Superintendent as well (not always possible). 

The bottom line is as our forefathers said, "It can't hurt to ask," which is as true as ever in expulsion matters.  And, even if a parent fails in their quest, they can still go to their expulsion hearing.  

As a lawyer, I know also that sometimes districts will not listen to parents without an attorney.  So, some parents may still want to bring in legal help from the beginning, or if self-advocacy fails.  But, even without legal help, parents can try on their own to better their child's situation.  You never know what positive results might occur.

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 - How To Negotiate A Better School Expulsion Outcome

May A Student Carry Sunscreen And Sun-Protection Items On A School Campus?

By Michelle Ball, California Education Attorney for Students since 1995

With the raging hot sun in California, sun exposure is a serious concern for many parents. Consequences from sunburns can be painful and potentially dangerous. Can public schools deny students the ability to carry sunscreen or other sun-protection gear on campus?  Generally, no.

The need for youth to be protected is so important that the California legislature took the time to write and pass a law which gives students the right to carry sunscreen and to wear sun-protective clothing on school campuses.  

Per California Education Code section 35183.5:

(a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats.

   (2) Each schoolsite may set a policy related to the type of sun-protective clothing, including, but not limited to, hats, that pupils will be allowed to use outdoors pursuant to paragraph (1).  Specific clothing and hats determined by the school district or schoolsite to be gang-related or inappropriate apparel may be prohibited by the dress code policy.

   (b) (1) Each schoolsite shall allow pupils the use of sunscreen during the schoolday without a physician's note or prescription.

   (2) Each schoolsite may set a policy related to the use of sunscreen by pupils during the schoolday.

   (3) For purposes of this subdivision, sunscreen is not an over-the-counter medication.

   (4) Nothing in this subdivision requires school personnel to assist pupils in applying sunscreen.

As can be seen, limitations may be applied to sun-blocking apparel which may be "gang-related" or "inappropriate," but a student cannot be stopped from wearing a hat to block the sun which does not breach other school policies.  Students also cannot be forced to leave their sunscreen in the office or at home.  And, no adult or other school personnel needs to be involved in the application or administration of sunscreen.

So, during long hot days or otherwise when the sun is out, if your school states that your child may only leave their sunscreen in the office, can't carry it, or that the teacher needs to give out or apply the sunscreen, don't buy it.  Instead, cite the above code to uphold your child's sun-protection rights!

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 - May A Student Carry Sunscreen And Sun-Protection Items On A School Campus?

Early Admission To Kindergarten Under The New Age Restrictions

By Michelle Ball, California Education Attorney for Students since 1995

You may have noticed recently that the age of students in kindergarten is increasing.  Soon, all kindergartners will be required to be 5 years old by September 1 the year they enter kindergarten.  This is because the birthday month for admission has been steadily moving backwards.

California Education Code §48000 is the culprit in this mess.  It moved entrance birthdays back from December (2011-2012) to November (2012-2013) to October 1 as of 2013-2014.  This means, to enter kindergarten in the fall of 2013, a student must be 5 years old on or before October 1, 2013.  In 2014-2015 a student will have to be 5 by September 1, 2014 to enter kindergarten that year.  

Be off by a single day and a student may not enter traditional kindergarten until the following year.  Even turning 5 on October 2 is too late.  A four year old born on October 2 who is turning 5 in 2013, won't enter kindergarten until 2014.  That student will be 6 years old almost their entire kindergarten year.   A lot of parents with advanced preschoolers are not happy.

How can a parent get around this entrance age cut-off?  No guarantees, but §48000 lays out two items which must be met for a district to consider early admission to kindergarten:

1)  The governing board determines that the admittance is in the best interests of the child, and
2)  The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

Per the California Department of Education (CDE), if the governing board agrees the student's best interests would be served by being admitted early, despite being born after the legal cut-off date, the student still would not be admitted until he or she actually turned 5 [see the CDE article "Kindergarten in California"].

Per §48000 the board needs to approve early entrance, likely by requesting a closed session review.  Loved ones' opinions alone on the child's social maturity and brilliance will not likely be enough.  Testing, professional opinions and prior instructors' support may be needed to gain early admission. 

All parents believe their child is smart and is waiting too long to move forward in their education, but what do the professionals believe?  Is the child socially ready for this placement?  What do their test scores show?  What did their preschool teacher(s) think?  These factors are important.

If early admission is granted, a school will then need to be found for the student, and it may not be the usual home school, which could be at capacity already.

If you petition for early admission, remember to start off strong and not presume anyone who asks will simply be allowed in.  It may not be that simple so make the best possible case from the start.

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 - Early Admission To Kindergarten Under The New Age Restrictions

Parents As Politicians: How To Effectively Communicate With Your School

By Michelle Ball, California Education Attorney for Students since 1995

Communication is such an important factor in life and can be the reason endeavors succeed or fail.  It is no less important in the school setting.  However, time and again I find myself with a new family in my office which has hit a barrier in communicating with their child's school.  Perhaps the administration has stopped responding to them or does not seem to take action on their complaints.  Maybe they are unable to persuade staff that some issue exists.  

Communication in the school setting can be unique.  Yes there are straightforward school staffs who work with parents and life is good, but often this is not the case.  Administrators are nervous about committing to anything, admitting anything, or making firm and final decisions.  They also can be arrogant and treat parents like the children they supervise.  

So, when parents communicate to school personnel in the way they talk to friends, family and "normal" people in life, they may get nowhere.  This is because schools are unique entities.  They are the government, first and foremost, and are not private businesses.  This means they don't always have the direct accountability an employee would, for example, in a retail establishment.  Schools also are permeated by many hidden factors which influence them: long-established routines, personnel who have been around longer than some administrators, teacher tenure making it difficult to have even troublesome teachers removed, teacher's unions, the California and United States Departments of Education which police (or don't police) them, their Board of Education which is a group of citizens with varying education levels, the media, attorneys, and on and on.  There is also often no clear "boss" or supervising entity overseeing the school district. 

This has resulted in  parents with complaints, needs and issues oftentimes being ignored, dismissed or minimized.  Or, a parent may find THEY or their child improperly become a target after a complaint is lodged by them.

It can be extremely frustrating.  As such, I frequently find myself telling parents that they need to "act like politicians" when dealing with the school; that when they enter the school environment, they have entered the political sphere.  

What?  This is school, not politics!  Not so.  Have you ever met with a senator or city council member and come away from the meeting not knowing what was said or what was agreed to?  Feeling you were heard and feeling better, but later realizing you don't know the result of your communication or what will be done? Sound familiar?  Schools are often the same way.  Politicians usually want you happy, want your vote, but don't necessarily take action on your individual complaint.  

Parents may also encounter the other type of politician: the one who completely dismisses their valid complaints as beneath the school official.  This person may seem similar in attitude to a "king or queen," who is unable to be challenged, and who views any parent, student or non-school employee as beneath them. Parents can actually feel like they are being treated like a child when approaching this person.  Such encounters can send some parents back to being 8 years old and in the Principal's office themselves.  It is not the way we, as adults, are used to being addressed.  

Whatever attitude you get, it can be completely frustrating.  

Fortunately, assisting students as an attorney rather than as a parent, I don't often have to deal with the things parents may face on a daily basis.  However, I have heard enough to know how the schools tend to work when parents are on their own. 

As such, here is an important lesson for parents to learn:  WHEN DEALING WITH SCHOOLS YOU ARE IN A POLITICAL ENVIRONMENT.  YOU MUST BE FRIENDLY BUT FIRM AND CAN ONLY DEFEAT THE POLITICIAN WITH FACTS, PROOF, EVIDENCE, AND PERHAPS A BIGGER STICK THEN THEIRS.  

It is simple and is important.  Be a parent in the school system; be a politician. Bet you did not know you had applied and been accepted for such a difficult job.  As if raising kids were not hard enough!?

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 - Parents As Politicians: How To Effectively Communicate With Your School

Education After Expulsion: Are Students Still Allowed To Go To School?

By Michelle Ball, California Education Attorney for Students since 1995

Expulsion from school can be devastating for students.  The expelled child may not be able to return to a regular school, is denied access to district or school activities, and are unsure how they will be educated during the term of the expulsion.  Many parents believe that once expelled, their child will be stuck at home twiddling their thumbs.  Not necessarily so.

Per California Education Code §48916.1, students who are expelled, although not entitled to attend their "typical" or "regular" school, remain entitled to an education:

"At the time an expulsion...is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion."

The program to be provided, however, cannot be located at the school where the student previously attended and may not even be located in the student's home district.  Rather, the program can be run by the district from which the student was expelled, the county department of education, or a "consortium" of districts.  

The typical placement when a student is fully expelled is a continuation school, which many families find less than desirable.  If a student receives a form of "lesser" expulsion, such as a "suspended expulsion" (expulsion imposed but "suspended" similar to a probation) other options may be available, such as independent study, attendance at another regular site in the district, and sometimes the school where the student was attending.  Most students who receive a full expulsion are shuffled to a continuation school unless another agreement is struck, usually prior to the expulsion hearing.

The likeliest time to negotiate a positive placement is BEFORE the expulsion hearing.  Many parents do not realize this and think that the panel or board of education will understand them and their student's plight.  Many end up at my office after the expulsion hearing has already occurred, when less options for resolution exist.

In most cases, the placement imposed during expulsion (e.g. continuation school) is not a mandatory placement, and a parent can put a student in a charter or home school program (if they gain admission).  Parents can also petition other school districts for entrance, but it can take a lot of shopping around to gain admission and chances of entry during expulsion may be slim.

Regardless, even though unsavory, a student is still entitled to an education if expelled, just not in the traditional environment.

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 - Education After Expulsion: Are Students Still Allowed To Go To School?

School Discipline For Harassing A Witness In A School Matter

By Michelle Ball, California Education Attorney for Students since 1995

Can a student say what they want about witnesses who report a problem at school?  What about statements which may intimidate that student: comments such as "nark," "snitch," or other modern equivalent?   Intimidating a witness is strictly prohibited and could result in suspension or expulsion for the student uttering such statements.

Per Education Code section 48900(o) witnesses to a school discipline matter who come forward cannot be threatened, harassed, or intimidated because they are, or were, witnesses.  Specifically, this section states that a student can be suspended or expelled if a pupil:

Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

This can lead to a tricky situation if a student is trying to gather evidence to defend himself in a pending expulsion matter.  For, what if they call a friend who was a "witness" against them to ask about their testimony, or question that person on what they saw (e.g. for their defense)?  How may this be perceived?  Chances are the "witness" may feel pressured, upset, or even threatened merely by a phone call from someone they "told" on.  As such, contacting witnesses is a dangerous activity for an accused student.  

To complicate matters, often the identity of the complaining witnesses are not disclosed to the accused student, so when they think they are calling a "friend" for help, they may actually be calling a witness in the matter against them without knowing it!

Tricky.

If a student breaches §48900(o) or is even perceived as having breached it via contact with a witness, they may be charged under this section with a violation and disciplined.

What if students not accused of a wrong go on social media (Twitter, Facebook, etc.), or just talk amongst themselves, about how "bad" another student who "told" is and/or make threats to beat them up?  This could land the students talking in hot water with the school or other authorities.  See the recent reports of arrests of students threatening a rape victim in Ohio when their rapist friends were convicted.

The bottom line is that if someone provides information to the school administration or others about a discipline matter, they are not to be threatened or intimidated.  However, what is a "threat" or "intimidating" is sometimes a vague matter at best.  Tread lightly!

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

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

Please see my full 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 - School Discipline For Harassing A Witness In A School Matter

How To Qualify For A 504 Plan In School: The First Two Questions To Ask

By Michelle Ball, California Education Attorney for Students since 1995

Section 504 of the Rehabilitation Act of 1973 (aka "Section 504") is an extremely important law for disabled students.  Having a 504 Plan means a student can receive many accommodations, and even services, to assist them in accessing their school and the curriculum.  But, how do you know if your child may qualify?

The first step to qualify for a 504 Plan involves evaluating whether a student has a "physical or mental impairment."  This alone will not qualify a student, but it is the first question to ask.

Per 42 USC (United States Code) §12102 (1)(A), qualifying physical or mental impairments are described as:

(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito‑urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

However, if a student has a qualifying physical or mental impairment, that does not automatically mean the student qualifies for a 504.  The disability also has to substantially limit a major life activity, a concept defined in 42 USC §12102 (2) as: 

(A)... major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) ... a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Although this blog cannot address these matters in depth, the first two questions usually are:

1)  Does the student have a physical or mental impairment?
2)  Does this substantially limit a major life activity?

If so, parents can request a 504 evaluation and that a 504 Plan be implemented.

A parent's battle often is in getting the school to see that a student qualifies for a 504 and then to get it written appropriately.  It is well worth the battle as 504 Plans can be key in closing gaps for a disabled student to access their education.

If your son or daughter has a disabling condition as described above, you may want to explore 504 Plans and the benefits they can provide to students.

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

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

Please see my full disclaimeron 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 Qualify For A 504 Plan In School: The First Two Questions To Ask

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

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

Smoke And Mirrors For California School Suspensions Or Real Requirement "Other Means Of Correction" Be Imposed?

By Michelle Ball, California Education Attorney for Students since 1995

On January 1, 2013, California Education Code §48900.5 improved when language describing specific  "other means of correction" which must precede certain suspensions expanded.  But was this a "real" improvement or just smoke and mirrors?  Both.

When I reviewed the legislative changes initially, I was excited.  However, when I delved into what the nuts and bolts were of the changes to Education Code §48900.5, the excitement faded.  Section 48900.5 appears to limit when schools can impose suspensions on students for certain offenses.  But, as school discretion remains to suspend students who may be dangerous, even on a first offense, §48900.5 remains weak for students.

Frankly, schools perceive and justify almost ALL actions by students as "dangerous," in some way or another and so will try to skirt §48900.5.  If you don't believe me, check the recent stories about students being in trouble for having a gun made out of paper, being punished for wearing t-shirts with the American Flag on them on Cinco de Mayo, or my own war stories of a student being kept out of school when saying "get her" on line, or expelled for forming their fingers into a "gun."  These are not fiction.  

I hope that schools will take to heart the INTENT of the legislature in truly applying "other means of correction" prior to suspensions, such as:

-- Study teams
-- Guidance teams
-- Programs teaching pro-social behavior
-- Parent teacher conferences
-- Referral to a school counselor
-- After school program on positive behavior.
-- Other alternatives to suspension.

The legislature clearly intended for schools to cut down on suspensions and to focus first on alternatives to suspension.  However, as discretion was left with schools for "dangerous" students and students fitting certain violation categories (threats, drugs, fights, etc.), the changes may ring hollow.  For, if schools interpret ALL, or most, student activity which leads to suspension as "dangerous," it will be as if §48900.5 did not exist.

Regardless, parents should read this code and be familiar with it to push for alternatives to suspension.  Suspensions can impact a student's ability to get into certain colleges, and can cut down on that student's reputation and self-esteem. Too many suspensions and youths can give up on the school system altogether, and who could blame them?  Demand that your school impose alternatives to suspension pursuant to §48900.5 while attacking specious claims of "dangerousness," and our public schools may just change for the better.

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 - Smoke And Mirrors For California School Suspensions Or Real Requirement "Other Means Of Correction" Be Imposed?

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

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