lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 It does not cross the minds of most parents that certain language related to special education is somehow "bad," or that using a single word in the quest for services could cause a parent to fail.  However, there is one word which ranks in my book as the number one most hideous, most awful word when it comes to special education- BEST  (otherwise known as  "B***").  Now, this is counter intuitive, but it is true. Parents often believe that special education is to provide their child with the "best" education.  Little Johnny ought to be placed where he has the best chance to succeed, in the environment where he will go the furthest, at the school which interests him the most, right? Obviously, he deserves the best, doesn't he?  I hate to break it to you, but the answer is NO.  Johnny is not entitled to the best school environment, best services, or anything "best" at all, ...

By Michelle Ball, California Education Attorney for Students since 1995 Schools may question students to investigate bullying at school, ask about fights a student has seen, or inquire about something the student may have done at school.  However, such a school investigation can end up in a student revealing something that is held against them.  How do we prevent student confessions that later end up getting them suspended and even expelled?   We educate our kids to respectfully decline to make a statement . The problem is that kids usually feel a sense of obligation to "tell all" to authority figures.  Unfortunately, when they "tell all" to a school official and that "all" involves e.g. potential sexual harassment, threats, fights, disruption, etc., they are not hailed for their honesty, they are kicked out! Most kids will probably be questioned at some point in their long school careers.  Parents can arm them in advance by instructing them as follows: 1)...

By Michelle Ball, California Education Attorney for Students since 1995 According to the " Institute for Jewish and Community Research " (IJCR) the University of California has gotten hit with a lawsuit and an investigation by the United States Department of Education, Office for Civil Rights, at two different campuses, for anti-semitic issues on campus. A federal lawsuit was filed against the University of California Berkeley (UCB) earlier this month (March 2011) based on incidents involving alleged targeting of students of Jewish ancestry.  In the complaint are outlined an injury to the claimant (a Jewish student) who was struck by a shopping cart while holding a sign up on campus which read "Israel Wants Peace" during a protest.  There is also an alleged pattern of activities listed as supportive of the claim of anti-semitism at UCB.  The basis for the complaint are alleged denial of the students right to free exercise of religion, deliberate indifference to dis...

By Michelle Ball, California Education Attorney for Students since 1995 Religion and religious instruction in the schools generally does not occur based on the doctrine of separation of Church and State.  But, can a parent provide their OWN religious instruction during school hours for which they receive an EXCUSED absence?  Maybe-- the answer depends on the school district involved. Per California Education Code section 46014, a school district MAY adopt a policy allowing pupils to be excused from instruction to participate in: "religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination" The code also states that such an absence, if allowed, is not computed as an "absence" for the school.  In other words, the school still gets paid for that child's attendance.  Sounds great! There a...

By Michelle Ball, California Education Attorney for Students since 1995 When parents first get involved in special education, and even over time, the whole process can seem incredibly intimidating. With a little understanding and preparation, parents can handle their child's special education IEP (Individualized Education Program) team meetings better and can improve their child's education. INTIMIDATION BY NUMBERS PLUS INVALIDATION OF PARENT INPUT When parents walk into an IEP meeting for the first time, it can be scary and confusing.  There is an US versus THEM sort of feeling.  Parents are met by a whole group of school and district personnel who far outnumber the parents, and who have various impressive credentials, training, and experience.  On the other hand, they are just ... parents . Parents as "parents" are actually a group which I have found to be lessened and invalidated as far as their input.  In reality parent input is VERY valuable and VERY important...

By Michelle Ball, California Education Attorney for Students since 1995 I previously blogged about offenses which do not give California school districts any discretion on whether to recommend and/or actually expel a student.  However, there is a whole laundry list of other school offenses for which a school district is not required to suspend or expel.  In fact, rather than suspending or expelling a student who commits one of the below offenses, a district can implement other punishment which may actually serve the student and student body better. This is the BIG LIST of discretionary offenses for which a student MAY BE RECOMMENDED FOR EXPULSION and MAY BE EXPELLED in California.  Suspension and expulsion are not mandatory for the below situations: 1)  Caused attempted or threatened to cause physical injury. 2)  Willful force or violence on another except in self-defense. 3)  First offense of possession of less than one ounce of marijuana 4)  Under ...