lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 What if you cannot get a simple transfer for your special needs children, but believe they will not be appropriately placed otherwise?  My office was hired to assist one family who no matter what they did, could not get a transfer for their special needs children.  When my office became involved, we were able to gather enough information and communicate effectively, thereby persuading the district that the transfers should go through. Here is what one of the parents involved had to say: "I highly recommend Michelle Ball!    Michelle Ball is a fantastic education attorney. Our school district wanted to make a school placement within the district that was not in the best interest of our children (IEP, 504, and handicapped). The district was adamant that our request for transfer would not be allowed, seemingly in opposition to the law.  We felt existing law supported our requested placemen...

By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school.  But what if the very worst happens?  What if an expulsion from the school district actually issues? A child who is expelled, unless an exception is made in the expulsion decision and/or agreement, may not attend any school within the district from which they were expelled.  But, they still are entitled to an education.  Per California Education Code section 48915(d) , a student who is expelled shall be referred to a program of study which meets the following conditions: (1)  Is appropriately prepared to accommodate pupils  who exhibit discipline problems. (2)  Is not provided at a comprehensive middle, junior, or senior  high school,  or at any elementary school. (3)  Is not housed at the schoolsite attended by the pupil  at the time of suspension. What this translates to...

By Michelle Ball, California Education Attorney for Students since 1995 Going to an IEP (Individualized Education Program) meeting is not just "going to a meeting," although it may seem like that.  It is going to war.  This is a war for our children and their education.  IEP meetings tend to be deceptively simple, where everyone "gets along," and the school members seem to decide all, with the parents just observing.  As such, it is important, prior to going to any IEP meeting, to put together documents which will help parents get what they want for their children.  This can mean the difference between a good education and a bad one for a special education student. A critical document that a parent should obtain well in advance of the IEP meeting is a  demand letter from an attorney setting forth requests and support for those requests.  Often parents' wishes may be ignored until an attorney steps into the matter.  Attorneys speak with authority ...

By Michelle Ball, California Education Attorney for Students since 1995 Okay- you are going along in life, minding your own business.  Your kids are fine, attending school, seem to be able to read and all is right with the world when suddenly, you receive a letter, call, or see sky writing telling you that your son who attends Local High School is now INVOLUNTARILY TRANSFERRED to the... CONTINUATION SCHOOL!  Can the district do this?  Yes they can, provided they jump through a few hoops. First hoop: per California Education Code section 48432.5  notice of the intent to involuntarily transfer cannot come by sky writing, but must come via written notice.  In other words, you receive a letter which must state that an involuntary transfer is pending, but that you have a right to request a meeting with a school district representative.  Note this meeting will not just occur- you have to request it.  Please do. Second hoop:  If you request the meeting, ...

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, ...