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By Michelle Ball, California Education Attorney for Students since 1995 Oftentimes parents attend an Individualized Education Program (IEP) meeting, and although their child needs additional services to meet his or her goals, can be denied needed services based on reasons such as: "no funding," or "we just don't have the resources," or "that is not available here as there are no staff."  Are these legitimate reasons to deny a student services that will meet their unique needs?  No! The whole special education system can be very overwhelming for parents and they often "trust" the IEP team to guide them on what their child should or should not receive as far as services, placement, and education.  Parents may also simply accept an IEP team denial of services based on money woes of the school district.  However, regardless of the funding problems school districts seem to be having right now, they cannot deny special education services based on t...

By Michelle Ball, California Education Attorney for Students since 1995 School expulsions seem to be everywhere now.  Expulsion hearings are very important, and parents need to know their rights.  One of these rights is the right to request that subpoenas be issued to potential witnesses when a school expulsion is pending. The right to subpoena witnesses   (order to appear before a body or face consequences)  is an important part of our judicial system.  Courts and other agencies must be able to hear the complete case, listen to all the evidence, and see if the "story" turns out to be true.  This subpoena right also exists in the context of school expulsion hearings, but the subpoena power rests with the school district in question. California Education Code section 48918(i)(1)  states as follows: "Before the hearing has commenced, the governing board may issue subpoenas at the request of either the superintendent of schools or the superintendent's de...

By Michelle Ball, California Education Attorney for Students since 1995 I owe a great debt of gratitude to all my clients who have trusted and supported the Law Office of Michelle Ball since 1995.  As a student attorney, going against schools and colleges in all their various forms, it is not always easy for me or the families I represent.  I am grateful for all the families who have trusted me to get involved and so thankful when they take time to write a positive review of my office.  Check out this testimonial which tells the story of a dire situation involving a sports team exclusion.  I am very proud of the help I have provided and so glad this student is back on the team.   "My husband and I decided to hire Michelle Ball after our daughter was unjustly cut from the high school varsity soccer team. We appealed the coach�s decision and met with a panel of six which included the assistant principal, the coach, the athletic director, as well as four others. Th...

By Michelle Ball, California Education Attorney for Students since 1995 I often speak with parents who are shocked and dismayed that their child has been alleged to have committed a sexual battery.  This word and allegation seem to be thrown around willy nilly without thought or understanding for what the REAL definition of sexual battery might be.  As such, understanding what "sexual battery" actually means is important and should be understood by everyone, lest such an allegation mar a student's record and reputation for life. I am frequently surprised when I see suspension forms and/or expulsion recommendations containing the allegation of student "sexual battery."  This allegation is very heavy, and is specifically defined in the Education and Penal Codes.  This term should not be used unless proof actually exists to support the claim.   California Education Code  � 48900(n) authorizes schools to suspend or expel students for sexual battery.  Rath...

By Michelle Ball , California Education Attorney for Students since 1995 Thousands of parents have their children in special education, but do not have any idea what "special education" really is.  In fact their special education definitions can vary greatly as no one is out there giving them instruction or direction on the LEGAL definition of special education.   There IS an actual, specific, legal definition, of "special education" outlined in both state and federal law. Per California Education Code section 56031(a) "Special education," is: " specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education." The federal definition, outlined in the United States Code, volume 20, section 1401 (29) [ 20 USC 1401 ], which is even more brief:...

By Michelle Ball , California Education Attorney for Students since 1995 Parents are not usually prepared for a school suspension, which can come as a shock, and completely disrupt the day, week, or month (if it is extended prior to an expulsion).  As such, this is an important article to read and pass on, as you never know when you may get "that call" from the elementary, junior high, or high school telling you to come pick up your child as they have been suspended.  What do you do when you get the call your child is being suspended? 1)   TAKE DOWN ALL RELEVANT INFORMATION IN WRITING :  In that initial call, during meetings, in talks with your child, or otherwise, write down all information and keep it handy.  Ensure you note down WHO you are talking to, WHAT is alleged to have happened, WHERE the event(s) allegedly took place, WHAT your child is alleged to have done, WHEN the activity supposedly happened, and HOW everything went down.  Yes, this is "Jour...