lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 You may have noticed recently that the age of students in kindergarten is increasing.  Soon, all kindergartners will be required to be 5 years old by September 1 the year they enter kindergarten.  This is because the birthday month for admission has been steadily moving backwards. California Education Code �48000  is the culprit in this mess.  It moved entrance birthdays back from December (2011-2012) to November (2012-2013) to October 1 as of 2013-2014.  This means, to enter kindergarten in the fall of 2013, a student must be 5 years old on or before October 1, 2013.  In 2014-2015 a student will have to be 5 by September 1, 2014 to enter kindergarten that year.   Be off by a single day and a student may not enter traditional kindergarten until the following year.  Even turning 5 on October 2 is too late.  A four year old born on October 2 who is turning 5 in 20...

By Michelle Ball, California Education Attorney for Students since 1995 California Education Code 51101 has a handy list of public school parents' rights neatly packaged for use when push comes to shove in California schools.  Some of these rights may come as a surprise to parents who are being denied a simple parent-teacher conference, can't get their child's records, are denied volunteer opportunities, were never given the school policies, or are having other difficulties in the public school environment. Section 51101 affords the following rights to California public school parents (be advised this is an abbreviated list and is paraphrased): 1)  To be "mutually supportive and respectful partners" with the school. 2)  Within a reasonable time to observe their child's current classroom(s) and/or future classrooms if transferring. 3)  To meet with the teacher(s) or principal within a reasonable time of their request. 4)  To volunteer in the school or class...

By Michelle Ball, California Education Attorney for Students since 1995 Under both California and federal law, schools CANNOT make drugging kids a condition of attending school.  This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs.  Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below. Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity.  The intolerance is large and the schools have become much more focused on CONTROL of children. Many parents, as a result, hav...

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 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...