lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 Filing a required claim form with a government agency, such as a school or school district, prior to moving to court can be a daunting and confusing task.  I have previously written about the pre-court filing requirement for certain claims against a school or school district ( here ,  here  and  here ) but wanted to add a list of some exclusions (may not be an exhaustive list) for parents and students.   I don't need to reiterate my earlier posts on filing and late filing, but one code section is relevant when evaluating whether a pre-court filing may be required or not.    California Government Code section 905  states: "There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except any of the following: (a) Claims under the Revenue and Ta...

By Michelle Ball, California Education Attorney for Students since 1995 Have you ever been lied about and those lies hurt you in some way (e.g. lost friends, lost job, expelled)?  Negative statements about ourselves, particularly falsehoods, make us hopping mad.  Can minors who spread false statements be liable for their statements?  Yes. This week (third week of November 2013), a Santa Clara County jury reportedly found several young girls (10 and 11 years old at the time of the incident(s)), along with their parents,  guilty of defamation  for lies they told about a private school teacher, John Fischler, alleging he molested them and peeked in their bathroom. One girl will have to pay punitive damages as she spread the lies with malice aforethought (basically intention to harm).  The other students and parents reportedly got off with a mere  $362,653  bill to the teacher, who had to defend against the allegations and had his workplace poisoned a...

By Michelle Ball, California Education Attorney for Students since 1995 I often speak with parents who are shocked and dismayed that their child has been alleged to have committed a sexual battery.  This word and allegation seem to be thrown around willy nilly without thought or understanding for what the REAL definition of sexual battery might be.  As such, understanding what "sexual battery" actually means is important and should be understood by everyone, lest such an allegation mar a student's record and reputation for life. I am frequently surprised when I see suspension forms and/or expulsion recommendations containing the allegation of student "sexual battery."  This allegation is very heavy, and is specifically defined in the Education and Penal Codes.  This term should not be used unless proof actually exists to support the claim.   California Education Code  � 48900(n) authorizes schools to suspend or expel students for sexual battery.  Rath...

By Michelle Ball, California Education Attorney for Students since 1995 Some time ago, a question was sent to me via  my Twitter account regarding just WHAT is enough to get a teacher terminated.  Termination is up to the individual school district involved and what is enough may be very fact specific.  However, some instruction on just what a teacher can be fired for was outlined by the California Court of Appeals, Fourth District in its decision San Diego Unified School District v. Commission on Professional Competence (2011) issued this week (May 3, 2011). In its opinion, the Court of Appeals upheld a District termination of a teacher for posting a highly explicit sexual ad on Craigslist seeking male-on-male companionship.  The ad included four pictures, two of which were very intimate pictures of the teacher, while another showed the teacher's face.  The ad did not reference the teacher's employment, name, nor was the ad connected in any way to the t...

By Michelle Ball, California Education Attorney for Students since 1995 I have been representing parents and students since 1995 and often reflect on all the stories I have heard.  Some interesting ones come to mind in the expulsion arena. For example, some years ago I met a family whose young son was up for expulsion for positioning his FINGERS to resemble a gun (e.g. the thumb and index finger) and  going "pow pow" to another student.  For this, the student was UP FOR EXPULSION.  When we went to the hearing the teacher actually went off on how scary that was.  Fingers?  What threat do they pose?  The kid was playing with another student and had no access to any weapons.  Unbelievable.  I know there are teachers out there who could explain this, but I believe this went just a tad overboard. Another family found their son up for expulsion for having a "mental list" of potential student targets.  Now in case you don't know, a "mental list...

By Michelle Ball, California Education Attorney for Students since 1995 Hello! The blogging world is a new one for me.  I am an attorney in Sacramento, California practicing education law on behalf of students since 1995 .  I handle a whole gamut of issues, including student discipline matters, expulsions, suspensions and suspension appeals, even protesting inappropriate behavior contracts and other punishments.  I also delve into special education, attend IEP (Individualized Education Program) meetings, 504 meetings, and file due process as needed.  Help usually begins with a review of documents, and correspondence to the school, school district or college involved.  Oftentimes I can resolve matters via phone and email without leaving my office.  Sometimes we have to go further as a personal appearance is required   (e.g. at an expulsion hearing or board of education meeting) or necessary to move things along.  My clients also help determine whic...