lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents.  Parents often don't even think about what may be in these files.  One way to debunk the mystery of what may be being documented on your child is to make a written request for the education records to be released. Per California Education Code section 49069 , a parent has an absolute right to access their child's records.  This right transfers to a student when they turn 18. Section 49069 states as follows: Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools.  The editing or withholding of any of those records, except as provided for in this chapter, is prohibited. What this means is that parents of students of all sch...

By Michelle Ball, California Education Attorney for Students since 1995 Earlier this week, a parent allegedly punched and injured an elementary school principal in Stockton, California.  According to the individuals interviewed in a Fox 40 ( KTXL )   video (see video below), this was supposed to be because of a t-shirt the student wore.  Apparently the parent thought her son was being targeted based on race.  I cannot comment on any of the alleged facts in the matter, BUT can discuss dress codes, opting out of them, and even gang-related apparel. First, per California Education Code section 35183 , schools may implement a dress code and may impose a requirement that students wear a uniform to school.  If a school chooses to go the uniform route, they are to provide no less than six months notice of the proposed change.  They are also to provide some sort of means by which low income families can afford the uniforms. If a family does not want to have their ...

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 I have been approached in the past by families of students denied the right to walk at their commencement exercise (aka graduation ceremony).  They will be given a diploma, usually via mail, but have been told not to bother coming to the graduation ceremony itself.  Needless to say, families in this situation are very unhappy. Adding to the issue is usually the fact that the student's family heard about the matter a mere week or two prior to the commencement exercise, which is a once in a lifetime event. The bottom line is that if a student has met the academic requirements for graduation from, for example, a public high school, they DO have a legal right to a diploma from the institution they attended.  For example, if they get those 220 units, pass the CAHSEE (California High School Exit Examination), and meet their class requirements, they earn their diploma which cannot be denied. However, the "ri...

By Michelle Ball, California Education Attorney for Students since 1995 Once in awhile, a parent is surprised when their child tells them they were held in during recess by the teacher, and did not get a break that day.  Unfortunately, this may be okay for a teacher to do.  However, such restrictions should not be overused. Recently I met with a family involved in a discipline dispute with a school district.  During our discussion, it came up that the boy who had gotten into trouble had not had any recesses for a long period of time due to continuing behavior issues.  Although this was not the main focus of our discussion, what the family reported to me was disturbing simply as this was the "new" schedule of this boy, one with NO RECESS.  Additionally, the withholding of his recesses did NOT solve his behavior issues. Per California Education Code section 44807.5: " The governing board of a school district may adopt reasonable rules and regulations to authorize ...

By Michelle Ball, California Education Attorney for Students since 1995 Religion and religious instruction in the schools generally does not occur based on the doctrine of separation of Church and State.  But, can a parent provide their OWN religious instruction during school hours for which they receive an EXCUSED absence?  Maybe-- the answer depends on the school district involved. Per California Education Code section 46014, a school district MAY adopt a policy allowing pupils to be excused from instruction to participate in: "religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination" The code also states that such an absence, if allowed, is not computed as an "absence" for the school.  In other words, the school still gets paid for that child's attendance.  Sounds great! There a...

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...