lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 Students frequently post things online, make snarky comments to friends, and feel protected posting in "private" online forums, such as Snapchat , Facebook , Twitter , Instagram or otherwise.  However, these posts can come back to haunt them when they are called in and suspended or placed up for expulsion.  Even great kids can post something wrong sometime--and "get away with it," but how long can their luck last?  For some- the answer is not long enough. In recent months, I have seen more and more kids up for expulsion or suspension for posts or comments in electronic media.  This is really disturbing as some of the things I see students being punished for really do not support school discipline.  Schools also seem to now be lumping student groups together for punishment, rather than looking at individual culpability.  Staff are choosing to punish all student members of a private grou...

By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents.  Parents often don't even think about what may be in these files.  One way to debunk the mystery of what may be being documented on your child is to make a written request for the education records to be released. Per California Education Code section 49069 , a parent has an absolute right to access their child's records.  This right transfers to a student when they turn 18. Section 49069 states as follows: Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools.  The editing or withholding of any of those records, except as provided for in this chapter, is prohibited. What this means is that parents of students of all sch...

By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure.  To be removed entirely from a school district to have to attend a "bad" school is not a fun process.  A permanent mark is placed on the student's record which may come up later in life, including when completing college applications.  As such, it is good to know WHEN an expulsion is MANDATORY for a school district. In other words, when does a school district have no choice but to recommend expulsion and thereafter expel a student? In California there are only five categories where a public school student MUST be expelled.  Please see Education Code � 48915(c) for more specifics: 1)  Possessing, selling or furnishing a firearm. 2)  Brandishing a knife at another person. 3)  Unlawfully selling a controlled substance. 4)  Committing or attempting to commit a sexual assault or committing a sexual ba...

By Michelle Ball, California Education Attorney for Students since 1995 Have you filed a complaint alleging discrimination or improper retaliation with the United States Department of Education (USDOE) and their Office for Civil Rights (OCR) and received a negative ruling?  Did they say the clear wrongful acts (to you) were not really bad or not really discriminatory?  If so, you may have an appeal right  if you act fast. Per the  USDOE website , within 60 days of the date of the letter issued by OCR, an appeal must be filed with the "Director of the Enforcement Office (Office Director)."   The bases for appeal listed are: AT LEAST ONE OF THE FOLLOWING 1)  Factual information was incomplete, and/or 2)  Factual analysis was not correct, and/or 3)  Wrong legal standard was applied  AND a)  The outcome would be changed due to #1-3 above. The appeal must be filed timely, and if it isn't, the parent/student/claimant, must show a good reason t...

By Michelle Ball, California Education Attorney for Students since 1995 California is a diverse state, with many different cultures, nationalities and languages being spoken.  Residents' children, regardless of language spoken by students or their parents, have the right to attend California public schools.  Still, while non-English speaking students may attend classes (e.g. Spanish/English transition classes) which help them transition to English, their parents may remain non-English speakers.  How do they stay informed about their child's school progress, development, and any issues which might arise? Education Code  � 48985  mandates that documents be translated for non-English speaking parents if pupils speak a language other than English and total more than 15% of a school's population: "(a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single ...

By Michelle Ball, California Education Attorney for Students since 1995 Did you know that cats and dogs are used as test subjects in colleges and universities?  People often think of rats, mice and primates as animals used in research, but typical "pets" are sadly also used (see  graphic article on cat experimentation in colleges ).  What happens to the animals if they are still well AFTER a public college is through with them?  Are they euthanized or do they have to be placed in new homes?  It depends on their condition. Per California  Education Code  �66017.7 , animals which are "suitable for adoption" after the school is through with them, do not have to be put to death.  Rather, they are to be placed up for adoption by the college or given to an adoption agency to place. This section states in part: "(a) A public postsecondary educational institution or independent institution of higher education, or employee or student thereof, that confines...