lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 Last week, the National Association of Educational Science (NAES) released the test results for many of our nation's children showing a distinct weakness in the sciences.  For example of 300 possible points, the average score was between 147-153.  If graded in the traditional way, this would be an "F." You can see the report here:   http://nationsreportcard.gov/science_2009/ The United States Department of Education response is here  http://www.ed.gov/news/press-releases/statement-us-secretary-education-arne-duncan-release-naep-science-report-card  and certainly does not make me feel more secure. This low score evidences a few things: 1)  School instruction is not enough to advance in science, 2)  Parents need to step up and help their kids with their science homework, and 3)  Parents need to stimulate an interest in science outside the classroom via home science projects in w...

By Michelle Ball, California Education Attorney for Students since 1995 Please note, CIF rules have changed and the below is based on rules prior to July 2012.  See my new blog here on the new "improved" rules. Sports issues are plentiful in the school arena.  A frequent issue which arises involves the transfer rules under the California Interscholastic Federation, aka CIF. CIF governs public school sports at the high school level and in some junior high schools as well.  They write various rules and bylaws which govern how students play, who can play, and other items.  The rules can be seen here  http://www.cifstate.org/governance/constitution_bylaws/index.html . One of the most frequent areas with which my clients have trouble involve the CIF transfer eligibility rules, Rules 206 and 207.  These are important as they can prohibit a student from playing certain sports if they change schools without meeting the CIF eligibility requirements.  The rules...

By Michelle Ball, California Education Attorney for Students since 1995 Does a parent really need an attorney to help them resolve and/or represent them at a school expulsion hearing?  Yes, yes and yes! Expulsions are serious matters and result in a permanent mark on the student's record which can arise later in life, such as during application to college and when attempting to get certain jobs (this even comes up when applying to be an attorney).  Additionally, once expelled, a student cannot return to their school district for a set period of time and may have to attend school in a less savory environment, such as a continuation school.  And, if an expelled student does not meet the "rehabilitation plan" terms in the expulsion, they may never return to that district. Parents are also going up against folks who "do this for a living" who are ultimately familiar with the expulsion hearing rules and requirements e.g. for witnesses, for evidence, for procedure, an...

By Michelle Ball, California Education Attorney for Students since 1995 I have been representing parents and students since 1995 and often reflect on all the stories I have heard.  Some interesting ones come to mind in the expulsion arena. For example, some years ago I met a family whose young son was up for expulsion for positioning his FINGERS to resemble a gun (e.g. the thumb and index finger) and  going "pow pow" to another student.  For this, the student was UP FOR EXPULSION.  When we went to the hearing the teacher actually went off on how scary that was.  Fingers?  What threat do they pose?  The kid was playing with another student and had no access to any weapons.  Unbelievable.  I know there are teachers out there who could explain this, but I believe this went just a tad overboard. Another family found their son up for expulsion for having a "mental list" of potential student targets.  Now in case you don't know, a "mental list...

By Michelle Ball, California Education Attorney for Students since 1995 Parents of special education students who may have a dispute over services or placement for their kids must be aware of their right to file a request for a Due Process hearing, which will bring them before a mediator and potentially a hearing officer to (hopefully) get their dispute resolved. If a parent wants to get really familiar with what due process is, how it works, what to do, etc. they should check out this great resource from the California Office of Administrative Hearings (OAH) titled simply "Understanding Special Education Due Process Hearings:"   http://www.documents.dgs.ca.gov/oah/SE/SE%20Guide%20to%20understanding%20DPH.pdf This a great reference which can help a parent become familiar with this process and details what parents need to know to proceed. Michelle Ball Education Law Attorney LAW OFFICE OF MICHELLE BALL 717 K Street, Suite 228 Sacramento, CA 95814 Phone: 916-444-9064 Fax: 916-4...

By Michelle Ball, California Education Attorney for Students since 1995 Being labelled a "truant" (a pupil breaching the laws mandating school attendance) can be devastating to a family.  The process may lead to meetings with school officials or even a School Attendance Review Board (SARB) hearing with a rigorous contract imposed on the family and even court action.  This is definitely something to be avoided if possible.  As such, the basics of what makes a student into a truant must be understood by parents and students. California Education Code section 48260 sets forth the definition of a truant as follows: a)  Any pupil who is subject to the compulsory education laws, AND b)  Who is absent from school without valid excuse, c)  Within one school year for: 1)  Three full days OR 2)  Three times for more than 30 minutes during the school day OR 3)  A combination of both (#c1 or c2) If three unexcused absences occur in one school year, and t...

By Michelle Ball, California Education Attorney for Students since 1995 Tonight (January 13, 2011), a small school district located in northern California, will vote whether to continue a policy which provides a flat ban against individuals, including parents , listed on the Megan's Law database as sex offenders, from coming onto their campuses. I have not been able to access the current policy on line, but in an article in the Sacramento Bee today:  http://www.sacbee.com/2011/01/13/3320506/placer-hills-schools-to-reconsider.html#disqus_thread , the policy is described as flatly denying access to anyone listed on the Megan's Law database.  The article also outlines that policies in other districts are not so prohibitive and that the approach to such matters varies district to district.  If true that any parents listed on the Megan's Law website are banned as a group, the district in question has taken a unique stand which likely infringes on parents rights to visit its ca...

By Michelle Ball, California Education Attorney for Students since 1995 What is one of the first steps a student should take when faced with a problem at a college, such as a discipline matter or internship difficulty?  The student should first check the written POLICIES of that college. This may sound like a simplistic answer, but one of the first questions when evaluating a private or public college matter is "what do their policies say?"  This is because colleges generally are supposed to follow their own written policies.  This seems obvious, but despite the fact written policies exist, colleges do not always follow them.  This failure may be asserted against a college to the student's advantage to lessen a proposed punishment or reverse an action taken by the college.. State and federal laws are of course always important and can define mandatory items required of colleges. These often will be memorialized in college policy, particularly in the public colle...

By Michelle Ball, California Education Attorney for Students since 1995 Parents of students attending public schools often feel helpless when they are facing a school expulsion hearing.  After they receive notice of the hearing, they may have less than 10 days to prepare.  It is usually a new experience and is confusing.  As such, parents should be aware of their AUTOMATIC right to a postponement of any public school expulsion hearing in California. Per California Education Code section 48918(a), a student is entitled to at least one postponement up to 30 calendar days no questions asked. If a parent wants to get prepared or discuss the matter with an attorney, and time is tight, a postponement request can be made in writing to the school district.  Parents may request a mutually agreeable date be provide for the new hearing and can even let the district know some good dates for the family.  There is no guarantee the district will set the hearing on those dates,...

By Michelle Ball, California Education Attorney for Students since 1995 Bullying is certainly a hot topic in the school setting and can be very destructive if not addressed.  As such, parents and students may be interested in reading the below letter to school districts written by the United States Department of Education discussing bullying and what school districts should do in certain bullying situations.  It can also be printed out and shared with administrators (or others) if a parent or student finds the school ignores their complaints. Check it out as this information could be helpful for you or someone you know:   http://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201010.html --- Please see my disclaimer on the bottom of my blog page [ http://edlaw4students.blogspot.com/ ]. 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 permissio...

By Michelle Ball, California Education Attorney for Students since 1995 The last two posts concerned filing the prerequisite claim form prior to going to court if one is suing a governmental entity in California.  But,  WHAT DO YOU DO IF YOU MISS THE SIX MONTH TIME LIMIT TO FILE YOUR CLAIM?   First, don't forget exclusions to the filing requirement which may exempt some claims from filing at all. This post presumes the 6 month time limit may apply. Remember, there are two time limits we have discussed for filing a claim form: one at 6 months for certain types of claims (e.g. personal injury, death, etc.), one at one year (claims not within the 6 month requirement) ( here ).   Whether and how someone may file the required notification with the governing body for claims required within the 6 month time period  after that 6 month period, will likely depend on the claimant and what they can prove. An example of a potential claim to be filed within 6 months could be...

By Michelle Ball, California Education Attorney for Students since 1995 Yesterday I blogged about the information which must be communicated to a school district prior to filing in court.  This blog will address the very important time limits in place in California for such notice under the Government Code. There are strict time limits with regard to filing claims against school districts (and other governmental entities) under California law, which the courts do honor.  A case may be rejected if the student (or claimant) did not file the required notice timely with the District (see yesterday's blog here ) and file in court timely after that process is complete. Time for filing with the governing body: For personal injury claims, claims for death or damage to person or property, and claims for damage to crops (crop damage does not typically come up with my office!), the notice to be filed with the governing body must be presented within 6 months of the accrual of the cause of...

By Michelle Ball, California Education Attorney for Students since 1995 In California, the Government Code sets forth the requirements for suing a public (government) entity in the state courts.  That code requires that the entity and its ruling body be provided with written notice IN ADVANCE of fling a claim in court in many situations.  This is a mandatory prerequisite to filing a legal action and applies to actions against public school districts, public college districts, and other governmental entities in the state.  This blog will cover generally what should be provided to the governmental entity.  My blog tomorrow will cover some very important time limits and the two should be read in conjunction.  I will also follow with a third blog (maybe more) to address other aspects. Content of Notice  Government code section 910 and the surrounding sections, requires the following be provided to the government entity: [requirements abbreviated below- see th...

By Michelle Ball, California Education Attorney for Students since 1995 Hello! The blogging world is a new one for me.  I am an attorney in Sacramento, California practicing education law on behalf of students since 1995 .  I handle a whole gamut of issues, including student discipline matters, expulsions, suspensions and suspension appeals, even protesting inappropriate behavior contracts and other punishments.  I also delve into special education, attend IEP (Individualized Education Program) meetings, 504 meetings, and file due process as needed.  Help usually begins with a review of documents, and correspondence to the school, school district or college involved.  Oftentimes I can resolve matters via phone and email without leaving my office.  Sometimes we have to go further as a personal appearance is required   (e.g. at an expulsion hearing or board of education meeting) or necessary to move things along.  My clients also help determine whic...