lawprofessors

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 Have you ever felt that a public school grade was wrong in a particular class or that your child was graded unfairly on his student work?  California law has a solution for you! Per California Education Code section 49066 , the teacher determines the final grade for a student.  However the grade can be challenged for: - Clerical mistake -  Fraud -  Bad faith, or -  Incompetency If one of these can be shown, the Superintendent or Board of Education for the school can overturn a grade issued by a teacher.  The teacher, however, is "to the extent practicable" to be included in discussions regarding the grade, and to be allowed to state orally or in writing, the reasons the grade was issued. I have seen many bad teachers in my time, unfortunately, who may issue grades improperly.  If a grade issues because the teacher was incompetent, is discriminatory, is based on whim or fancy, or...

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...