lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 Did you know that cats and dogs are used as test subjects in colleges and universities?  People often think of rats, mice and primates as animals used in research, but typical "pets" are sadly also used (see  graphic article on cat experimentation in colleges ).  What happens to the animals if they are still well AFTER a public college is through with them?  Are they euthanized or do they have to be placed in new homes?  It depends on their condition. Per California  Education Code  �66017.7 , animals which are "suitable for adoption" after the school is through with them, do not have to be put to death.  Rather, they are to be placed up for adoption by the college or given to an adoption agency to place. This section states in part: "(a) A public postsecondary educational institution or independent institution of higher education, or employee or student thereof, that confines...

By Michelle Ball, California Education Attorney for Students since 1995 Earlier this week, the Eleventh Circuit Court of Appeals found that a transvaginal ultrasound requested of college students at Valencia College in Florida was a search for Fourth Amendment purposes.   California is within the Ninth Circuit Court of Appeals , but often sister jurisdiction decisions impact and influence decisions here.  The decision is noteworthy for its facts, which college students may want to be aware of, and for the definitive ruling that this conduct did involve a search for purposes of Fourth Amendment analysis. The basics are that students who entered the state run Valencia College Sonography program were allegedly asked to "volunteer" for transvaginal ultrasounds to be performed on them by other students in the program (male and female).  Three students refused.  Two were allegedly thereafter badgered into allowing this invasive procedure to be done on them.  The thi...

By Michelle Ball, California Education Attorney for Students since 1995 When parents of California schoolchildren are faced with a potential school expulsion, numerous thoughts run through their minds, such as:  "What will happen to Johnny if he is expelled?  Where will he go to school?  What will happen to his future plans?"  Ultimately, with a long process ahead of them, exclusion from the regular school during the wait and a scary expulsion hearing hanging over their heads, many just give up or give in without thinking through potential consequences. During this process, parents may also ask "DOES SCHOOL EXPULSION REALLY MATTER?"  Parents may believe that expulsion is only a "short break," and that Johnny will soon return to school.  It is "no big deal" if he attends the local continuation school and goes back to his elementary, junior or high school next year.  However, return to school cannot be guaranteed (if the expulsion terms are not met...

By Michelle Ball, California Education Attorney for Students since 1995 It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut.  With the internet, even MORE parents and students in trouble are finding me!  So, I thought I would reflect on what the recent trends have been in my office where I focus only on Education Law. This year, I have seen a great number of interdistrict (between two districts) and intradistrict (within the same district) transfer issues.  It seems that many districts have been clamping down hard on students attending outside their area of residence.  My phones have exploded with issues where kids who may have been attending a school previously are suddenly denied entry, or the student expected to go to "School A", but now has to attend "School B" which the family thinks is a bad school.  It is distressing for all parties concerned, particularly the student! They don't know where t...

By Michelle Ball, California Education Attorney for Students since 1995 Once a student transitions from high school to college, their world changes.  If they were a special education student with an IEP (Individualized Education Program) in their high school, they will not be anymore.  They may try to muddle through college without supports, and eventually may fail or drop out if they do not obtain some form of reasonable accommodations for their disabilities in college. But, what steps do students need to take to obtain disability accommodations at their college? STEP ONE:  The first thing which a student who suffers from a disabling condition must do is NOTIFY the college they have a disability, preferably in writing.  In the college catalog or handbook, there is likely listed a disabled student services or other office to contact, which is in charge of setting up reasonable accommodations for disabled students.  So, step number one is to contact that offic...

By  Michelle Ball , California Education Attorney for Students since 1995 Pursuant to California Education Code section 66017 , a California Community College, California State University (CSU), or University of California (UC) may suspend a student for willful disruption, to protect lives or property, or to ensure the maintenance of order.  [This is not an exhaustive list.]  However, if the suspension by the college is issued immediately (e.g. the student is kicked off campus right then), the student is legally entitled, per this section, to a hearing within 10 days. If the college suspension is not issued immediately (e.g. the student is still allowed to attend classes) or is merely proposed, 66017 states that the hearing must be "prompt" which may or may not mean "within 10 days."  I would argue the college student is still entitled to a hearing within that amount of time. Section 66017 also instructs colleges to adopt procedures and appoint personnel to deal...

Posted by Michelle Ball, California Education Attorney for Students since 1995 [The below is a reprint of a useful pamphlet regarding the transition from high school to college and disabled students' rights in college, courtesy of the United States Department of Education, Office for Civil Rights] More and more high school students with disabilities are planning to continue their education in postsecondary schools, including vocational and career schools, two- and four- year colleges, and universities. As a student with a disability, you need to be well informed about your rights and responsibilities as well as the responsibilities postsecondary schools have toward you. Being well informed will help ensure you have a full opportunity to enjoy the benefits of the postsecondary education experience without confusion or delay. The information in this pamphlet, provided by the Office for Civil Rights (OCR) in the U. S. Department of Education, explains the rights and responsibilities o...

By Michelle Ball, California Education Attorney for Students since 1995 This week, the California Court of Appeals, Second District, issued a decision in the matter of Yu v. University of La Verne .  This case, involving a private college and law school, is very interesting and explores the free speech rights of college students.  It also may be applied outside of its limited forum (private university) in the future. Yu involved law student Katrina Yu who was punished for alleged plagiarism and academic dishonesty when she submitted an assignment which contained verbatim internet content.  The assignment also contained content alleged to have been copied from another student.  In May of 2010, Yu and three other law students were informed that they were being investigated for plagiarism and academic dishonesty.  While the other university students involved negotiated an unknown outcome, Yu took her matter to a three panel hearing within La Verne. After the ...

By Michelle Ball, California Education Attorney for Students since 1995 When college issues arise, handling them can be a bear to say the least.  They can range from minor discipline matters to out and out exclusion from a college or university based on academics or some alleged wrongful conduct.  When these problems develop, a student must look toward and follow the college procedures if they want to "fix" the issue at hand. Colleges usually have quite a number of written policies.  As indicated in an earlier  blog , these policies are typically the main guide for a student with a problem.  Applicable policies are usually outlined in the school catalog, on-line, or in handouts and correspondence from the school. In a typical college matter, a student could be placed up for discipline for alleged bad acts.  When the student becomes aware of the allegations, the student needs to immediately research the policies relevant to discipline and take all steps to t...

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 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 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...