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By Michelle Ball, California Education Attorney for Students since 1995 Most parents will never have much involvement with the drama of school expulsions, heavy allegations against their kids, nor the shock of hearing their child had something improper at school hidden in their pocket.  Occasionally, however, there are horror stories involving searches by school officials looking for alleged contraband which go way too far. In the infamous case Safford v. Redding,  the United States Supreme Court  found  a school strip search of an Arizona eighth grader  in violation of the student's Fourth Amendment right to be free from unreasonable search and seizure.  The Court in Safford , however,  left some questions open for Arizona, such as whether a strip search could proceed with a specific allegation of a dangerous object being in e.g. underwear.  However, California had already answered this question prior to Safford, strictly prohibiting searches ...

By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure.  To be removed entirely from a school district to have to attend a "bad" school is not a fun process.  A permanent mark is placed on the student's record which may come up later in life, including when completing college applications.  As such, it is good to know WHEN an expulsion is MANDATORY for a school district. In other words, when does a school district have no choice but to recommend expulsion and thereafter expel a student? In California there are only five categories where a public school student MUST be expelled.  Please see Education Code � 48915(c) for more specifics: 1)  Possessing, selling or furnishing a firearm. 2)  Brandishing a knife at another person. 3)  Unlawfully selling a controlled substance. 4)  Committing or attempting to commit a sexual assault or committing a sexual ba...

By Michelle Ball, California Education Attorney for Students since 1995 California is a diverse state, with many different cultures, nationalities and languages being spoken.  Residents' children, regardless of language spoken by students or their parents, have the right to attend California public schools.  Still, while non-English speaking students may attend classes (e.g. Spanish/English transition classes) which help them transition to English, their parents may remain non-English speakers.  How do they stay informed about their child's school progress, development, and any issues which might arise? Education Code  � 48985  mandates that documents be translated for non-English speaking parents if pupils speak a language other than English and total more than 15% of a school's population: "(a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single ...

By Michelle Ball, California Education Attorney for Students since 1995     Cyber sexual bullying is now a suspendable or expellable offense in California schools.  Bullying already is an expellable offense, but apparently the legislature did not think "bullying" alone was broad enough.  As such, the legislature chose to add a new offense to the ever growing list of things a student may do wrong.  Now students may not bully and also use or reference sexually explicit electronic communications, which are covered by this new subcategory of bullying. California Education Code �48900(r)(2)(iii)  states: "...�cyber sexual bullying� means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in [the Bullying section] . A photograph or othe...

By Michelle Ball, California Education Attorney for Students since 1995 Cell phones are often searched by school officials to gather information in discipline proceedings or to search for crimes alleged.  Parents and students are usually at a loss on whether to allow a search of a cell phone when asked by school officials and the proper scope of any search.  Can a school force a student to allow a search of their cell phone?  What is the scope of the search allowed?  And, what if information on another "crime" is found during the search?  A new law, effective this year (2016), may (or may not) bring some closure to these issues. In October of 2015, the Governor signed into law SB (Senate Bill) 178, also known as the "Electronic Communications Privacy Act" which is reflected in California  Penal Code  ��1546-1546.4 .  Penal Code Section 1546.1(c) states:   "A government entity may access electronic device information by means of physical ...

By Michelle Ball, California Education Attorney for Students since 1995 On January 1, 2016, Penal Code section 16700, regarding "imitation firearms," changed and will potentially help students facing discipline for possession of "imitation firearms."  Air soft guns, BB guns and other similar devices have proven irresistible items for some students. What fun to get one of these "play" guns and go shoot some targets, right?  Unfortunately, these students have ended up in the school office and usually in front of expulsion panels when possessing these devices on campus or within the zone of a school's area of control (to/from school, field trips, near school, etc.).   Schools look toward many legal codes to get their guidance.  Often, definitions in the Education Code are vague and other codes may need to be looked to for clarification.  The California Penal Code (lists the criminal statutes applicable in California) is a frequently used reference.   Per ...

By Michelle Ball, California Education Attorney for Students since 1995 Have you been hit by notice that a school expulsion hearing is being scheduled against your son or daughter?  Should you go to hearing?  How do you get rid of it?  Most parents get a notice and don't do anything but show up at the hearing. However, that may not always be the best strategy. With school expulsion hearings, there often is no "winning."  Schools line up a myriad of student statements which may conflict with each other to prove guilt. The accused student's statement is ignored, along with his/her friends' statements.  When the hearing occurs, many schools do not even bring any live witness testimony to the hearing (this is a whole different evidentiary issue), and the panel evaluating the matter is made of school district employees already biased against the student.  Does this sound like a fair system?  Regardless, it is the system that exists for students and their pa...

By Michelle Ball, California Education Attorney for Students since 1995 We all know that our kids' schools can expel or suspend a student for a myriad of items listed in state law and reflected in the school or school district handbook(s). One of the bases for such discipline is basically for damaging (or trying to damage) property. Per California Education Code  �48900(f)  a student may be placed up for suspension or expulsion if the student: "Caused or attempted to cause damage to school property or private property."  This may seem very simple and straightforward, but due to its wording, this section allows the schools way too much latitude to punish. The language which is most problematic allows punishment for an "attempt" to damage property.  What does this mean?  What if a student tries to write on a wall but his pen is out of ink?  What if a student pretends he will dump water on another student's backpack as a prank, but pulls back at the last secon...

By Michelle Ball, California Education Attorney for Students since 1995 Over the years, I have heard many terrible stories, but some of the saddest are when a student who is a victim is disciplined, while the bully escapes punishment. Sometimes it is very clear that the victim did nothing but is being lied about by the bully.  Other times, the victim is punished for fighting back and breaking rules in their response to the bully.  Either way, parents and students need to act before a situation turns against them. It may seem logical to assume that a school will act on reports of targeting a student.   Bullying and its dramatic negative impact to students is everywhere and "bullying" itself is the new buzz word in education.  It seems, at least in the media, that once someone alleges they were bullied, magic happens.  In the real world, this is not always the case. Schools are legally obligated to do something when a staff member observes and/or receives a repor...

By Michelle Ball, California Education Attorney for Students since 1995 Do you remember entering high school and the wild rumors that preceded it? Of groups of high schoolers who would submit all freshman to hazing: humiliating them and torturing them if they were caught alone?  I do.  I was in fear probably through the last half of my eighth grade year, and of course the first week in high school.  Luckily, the rumored "hazing" never happened, but what if it did? Would I have told?  Not likely.  What if I joined some team and was put through strange rituals involving eating disgusting items, having clothing items removed, sitting for long periods tied to a chair or locked in a closet.  What then?  Nothing unless the school found out and then all hell would break loose. Education Code �48900(q) provides California schools with the authority to suspend or expel students who haze other students.  If a student "engaged in, or attempted to engage in, ...

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...