lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 Have you ever had a problem getting your or your child's student records from a school?  Or, have you encountered school staff speaking about  your   confidential student records in public locations or to other parents?  If so, there is an agency which may be able to help: the Family Policy Compliance Office (FPCO) . FPCO is a part of the United States Department of Education (USDOE) and is located in Washington DC. They enforce the Federal Education Rights and Privacy Act ( FERPA ), a federal law addressing student records rights at schools which accept federal funding.  Complaints are accepted by FPCO from across the country regarding public and private schools which breach students' records rights.  Due to jurisdiction being limited to schools accepting federal funds, usually private schools at the elementary and secondary levels are not subject to FERPA.   Per the USDOE we...

By Michelle Ball, California Education Attorney for Students since 1995 Are you frustrated that your school's Principal or Vice Principal are not listening nor acting adequately on your school complaints?  Are you being given a blank stare when you sit in the office telling your tale?  Is your child's problem not being resolved?  When problems are not resolved at the school site, don't forget the school district. I have sat and consoled many parents who have complained to their child's principal or other school staff about issues, such as continual bullying, targeting by a teacher, a dangerous situation on campus, issues with a student group, etc. to no avail.  The parents complain of getting nowhere, being treated like idiots or bothersome pests, and know their issues are not being taken seriously.  They are at a loss. Often these parents do not know nor think to involve their school district.  I think some parents believe that their school district may re...

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...

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 There are so many special education resources for parents, I thought I would briefly explain just a few and provide links for parent use. 1)   OAH- Office of Administrative Hearings :  This is a very critical agency in California for parents.  OAH is where parents file due process hearing requests to attempt to resolve special education placement, service, FAPE (Free Appropriate Public Education), and other special education issues.  Information on how to proceed, and even a searchable opinion database  can be accessed at their site. 2)  CDE - Procedural Safeguards Referral Service :  This is the branch of the CDE (California Department of Education) which takes complaints for failure to implement an IEP, procedural failures of districts and other district issues. 3)    OSEP- the Office of Special Education Programs :  OSEP is a branch of the United States Department...

By Michelle Ball, California Education Attorney for Students since 1995 Last week, the National Association of Educational Science (NAES) released the test results for many of our nation's children showing a distinct weakness in the sciences.  For example of 300 possible points, the average score was between 147-153.  If graded in the traditional way, this would be an "F." You can see the report here:   http://nationsreportcard.gov/science_2009/ The United States Department of Education response is here  http://www.ed.gov/news/press-releases/statement-us-secretary-education-arne-duncan-release-naep-science-report-card  and certainly does not make me feel more secure. This low score evidences a few things: 1)  School instruction is not enough to advance in science, 2)  Parents need to step up and help their kids with their science homework, and 3)  Parents need to stimulate an interest in science outside the classroom via home science projects in w...

By Michelle Ball, California Education Attorney for Students since 1995 Bullying is certainly a hot topic in the school setting and can be very destructive if not addressed.  As such, parents and students may be interested in reading the below letter to school districts written by the United States Department of Education discussing bullying and what school districts should do in certain bullying situations.  It can also be printed out and shared with administrators (or others) if a parent or student finds the school ignores their complaints. Check it out as this information could be helpful for you or someone you know:   http://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201010.html --- Please see my disclaimer on the bottom of my blog page [ http://edlaw4students.blogspot.com/ ]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permissio...