Posts

Showing posts from November, 2011

Suspension or Expulsion For Profanity At School? It's Supposed To Be Habitual

By  Michelle Ball , California Education Attorney for Students since 1995 California parents can often be shocked when they receive a call stating their child is being sent home for five days for saying a bad word at school.  I have seen a lot of discipline matters centered around language, including swear words. However, unless the profanity is habitual, a suspension or expulsion may not be legal. Per California Education Code section 48900(i) a student may be suspended or expelled for engaging in "habitual profanity."  Note the code does not say a child may be suspended for "profanity," but rather HABITUAL profanity.  This wording is important, and not always understood by the school imposing the discipline. Habitual is defined in "thefreedictionary.com" as follows (adjective form): 1.  done or experienced regularly or repeatedly 2.  by habit 3.  customary, usual In other words, habitual profanity must involve swearing as a regular activity of ...

California Sex Education Can Start In Kindergarten - Parents May Opt Out In Writing

By  Michelle Ball , California Education Attorney for Students since 1995 There is a lot to know about just WHAT is going on in schools regarding sexual education.  If you are my age (early 40's), you remember the obligatory sex education class in junior high school (mine was in eighth grade and our teacher read us "The Princess Bride" most of the class).  Times have changed, however, and sex education is now being initiated at much younger ages.  How young? Kindergarten, which likely encompasses four, five, and six year olds. California Education Code section 51933 outlines the parameters for sex education in California public schools, and indicates that starting from kindergarten on up, kids may receive sexual education in the public schools.  This instruction has to be appropriate for all genders, races, and sexual orientations.  In other words, traditional sexual activities and domestic partner type of sexual activities may be instructed. One may reca...

Suicide and Antidepressants- the Candace Downing Story

Image
By  Michelle Ball , California Education Attorney for Students since 1995 Many parents are pressured to medicate their children who may exhibit symptoms of depression, so they can allegedly do "better" at school or in life.  Here is a video which parents should watch before they ever pursue antidepressants for their kids based on their school functioning or otherwise.  Know the side effects before proceeding with any medication. 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 Faceboook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857 Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no ...

California Charter School Case: Bullis Charter School vs. Los Altos School District

By  Michelle Ball , California Education Attorney for Students since 1995 Last week, the California Court of Appeals for the Sixth District handed down Bullis Charter School vs. Los Altos School District (October 27, 2011).  This case vindicated the rights of charter schools to facilities reasonably equivalent to other schools in the district.  This is an important decision for California parents and students as it will ensure charter students are not jipped and/or do not get stuck in small, run down facilities, with inadequate space for sports, child care, and students. In Bullis , which interpreted the Charter Schools Act (California Education Code 47600 ) and Proposition 39 (Education Code 47614 ), the Court of Appeals granted Bullis' request for a court order to be issued to the Los Altos School District. Essentially, the court ordered the District to provide a "complete and fair facilities offer to Bullis from which it could be determined that 'reasonably equivalent...