Wednesday, May 16, 2012

How To Appeal A Student's Grade In California

By Michelle Ball, California Education Attorney for Students since 1995

Have you ever felt that a public school grade was wrong in a particular class or that your child was graded unfairly on his student work?  California law has a solution for you!

Per California Education Code section 49066, the teacher determines the final grade for a student.  However the grade can be challenged for:

- Clerical mistake
-  Fraud
-  Bad faith, or
-  Incompetency

If one of these can be shown, the Superintendent or Board of Education for the school can overturn a grade issued by a teacher.  The teacher, however, is "to the extent practicable" to be included in discussions regarding the grade, and to be allowed to state orally or in writing, the reasons the grade was issued.

I have seen many bad teachers in my time, unfortunately, who may issue grades improperly.  If a grade issues because the teacher was incompetent, is discriminatory, is based on whim or fancy, or another error exists,  it can be challenged.  With college scholarships and admission on the line, challenging a grade can be a wise thing to pursue if there is a basis.

If you disagree with your child's grade, don't sit on your rights: challenge it.  Your reward may be a correct grade and a higher grade point average (gpa) for your child.

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
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]
READ MORE - How To Appeal A Student's Grade In California

Tuesday, April 3, 2012

Five Steps To Take To Get Disability Accommodations In College

By Michelle Ball, California Education Attorney for Students since 1995

Once a student transitions from high school to college, their world changes.  If they were a special education student with an IEP (Individualized Education Program) in their high school, they will not be anymore.  They may try to muddle through college without supports, and eventually may fail or drop out if they do not obtain some form of reasonable accommodations for their disabilities in college. But, what steps do students need to take to obtain disability accommodations at their college?

STEP ONE:  The first thing which a student who suffers from a disabling condition must do is NOTIFY the college they have a disability, preferably in writing.  In the college catalog or handbook, there is likely listed a disabled student services or other office to contact, which is in charge of setting up reasonable accommodations for disabled students.  So, step number one is to contact that office to start the process.  If possible, this should be done even before starting classes, to ensure accommodations are in place when the student enters their first class.  However, even if classes have started, the student may still request accommodations for their disabilities.

STEP TWO:  Next, the college student must complete and return the forms which will likely be provided by the college disability office, and provide EVIDENCE (medical documentation) that the student suffers from a disability that impacts a "major life activity."

STEP THREE:  The student then needs to ensure that either they or the office they are working with, provides the information to each of the student's professors.  Professors can sometimes be resistant to student disability plans, so if the student finds the plan is not being implemented or they are being treated differently, they need to go back to the disability office to seek help with enforcement.

STEP FOUR:  Tweaking the plan in place periodically will be important as needs can change depending on the class or setting.  Students with disabilities are not entitled to as much as they may have been in high school, but reasonable accommodations cover a vast array of supports, such as extended time on tests, note takers, testing in a separate location, technological supports, and many other useful items.  Not all students are entitled to the same thing and what will be provided will depend on the individual student's needs.

STEP FIVE:  If the disabled student cannot get reasonable accommodations, for example their professors will not implement them, and/or the college is refusing to provide them what they need, the student can attempt to resolve the matter internally via the college's own discrimination complaint process.  If the student does not want to file internally or their internal complaint is not successful, the student may also want to review potentially filing a discrimination complaint outside the college.  For public colleges, complaints may be filed with the United States of Education, Department of Education, Office for Civil Rights. For private colleges, students would want to review filing with the United States Department of Justice.  Time limits are in place for all filings so the student should submit complaints as soon as possible and should make themselves aware of all filing deadlines.

If you know a student in college who is having difficulties connected to their disabilities, please pass this on to them as lack and/or provision of reasonable accommodations can make the difference between the student completing or failing college.  With no college, their career choices may be more limited and their whole life may be altered for the worse for simple lack of reasonable accommodations in college.

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
[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 - Five Steps To Take To Get Disability Accommodations In College

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
[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.

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

Thursday, March 1, 2012

Do Parents Have The Right To Not Medicate Their Children? One Woman's Story

By Michelle Ball, California Education Attorney for Students since 1995

Have you heard the story of Maryanne Godboldo?  This Detroit mother made a parental decision to remove her daughter from psychotropic medication to pursue non-drug alternatives after she observed negative side effects.  When she did, the local government authorities apparently did not agree with Maryanne Godboldo's medical decision, and thereafter stormed her home with police and a SWAT (Special Weapons and Tactics) team to take away her minor daughter, Ariana.  Maryanne's attempts to keep the police from taking away her daughter failed, but only after a ten hour stand-off at Maryanne's home in 2011.  Ariana was thereafter placed in a psychiatric facility for approximately one month.

Maryanne was criminally charged and incarcerated for 5 days.  The criminal charges were later dropped.  Thereafter, after months of fighting and many court appearances, Maryanne Godboldo finally had her parental rights restored.  Maryanne explains in the video below that "I did it because I wanted to save my child."  Eventually the order removing Ariana from her mother's care, based on her decision not to medicate Ariana, was overruled.

This story is heart-wrenching and horrifying.  The shock of it all is that this mother was arrested and separated from her thirteen-year-old daughter, allegedly all because she made a private medical decision.  The term "big brother" seems quite appropriate.

The video below is of Maryanne receiving an award from the Citizens Commission on Human Rights (CCHR), a psychiatric watchdog group.  Check it out (and you may want to have some tissues nearby when you do).