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By Michelle Ball, California Education Attorney for Students since 1995 Students frequently post things online, make snarky comments to friends, and feel protected posting in "private" online forums, such as Snapchat , Facebook , Twitter , Instagram or otherwise.  However, these posts can come back to haunt them when they are called in and suspended or placed up for expulsion.  Even great kids can post something wrong sometime--and "get away with it," but how long can their luck last?  For some- the answer is not long enough. In recent months, I have seen more and more kids up for expulsion or suspension for posts or comments in electronic media.  This is really disturbing as some of the things I see students being punished for really do not support school discipline.  Schools also seem to now be lumping student groups together for punishment, rather than looking at individual culpability.  Staff are choosing to punish all student members of a private grou...

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 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 Recently, the suspension and expulsion codes of California were altered to take "willfully defied" and "disrupted" out of the mix as bases for expulsion (any grade) and for suspension through third grade.  Per the pre-2015 codes, these could be suspendable or expellable offenses.  Does this change really matter? Since starting as an attorney in the education law field, I have addressed many school expulsions.  Almost all expulsions I have seen have included California Education Code  � 48900(k) [disruption/defiance] which I call the "catch-all" section. This section has "applied" (per school authorities only) to personnel having to call a kid out of class and talk to the child on a situation they caused, watching a fight, or any "waste" of school staff time.  Although frequently used, and very upsetting to parents looking at this section on an expulsion form, I hav...

By Michelle Ball, California Education Attorney for Students since 1995 After a student is suspended from school for a serious offense, his or her parents may be informed that another meeting will take place, usually at the school district or with district officials.  Sometimes schools wrongly call this an "expulsion hearing," which worries parents unnecessarily, sort of like when your child is out driving your car and a cop calls, asks if you own that car and hangs up without telling you why they asked that scary question...  Rather than a car wreck, this first meeting, (unless formally noticed as an expulsion hearing with written notice mailed out 10 days prior) is only a suspension extension meeting .  A suspension extension meeting occurs during the initial suspension time period, (the first 1-5 days the student is out of school on suspension), to prevent the student from returning to school when the initial suspension concludes.  This meeting usually only occur...

By Michelle Ball, California Education Attorney for Students since 1995 Can a student say what they want about witnesses who report a problem at school?  What about statements which may intimidate that student: comments such as "nark," "snitch," or other modern equivalent?   Intimidating a witness is strictly prohibited and could result in suspension or expulsion for the student uttering such statements. Per Education Code section 48900(o) witnesses to a school discipline matter who come forward cannot be threatened, harassed, or intimidated because they are, or were, witnesses.  Specifically, this section states that a student can be suspended or expelled if a pupil: Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. This can lead to a tricky situation if a student ...

By Michelle Ball, California Education Attorney for Students since 1995 On January 1, 2013, California Education Code �48900.5 improved when language describing specific  "other means of correction" which must precede certain suspensions expanded.  But was this a "real" improvement or just smoke and mirrors?  Both. When I reviewed the legislative changes initially, I was excited.  However, when I delved into what the nuts and bolts were of the changes to Education Code �48900.5 , the excitement faded.  Section 48900.5 appears to limit when schools can impose suspensions on students for certain offenses.  But, as school discretion remains to suspend students who may be dangerous, even on a first offense, �48900.5 remains weak for students. Frankly, schools perceive and justify almost ALL actions by students as "dangerous," in some way or another and so will try to skirt �48900.5.  If you don't believe me, check the recent stories about students ...

By Michelle Ball, California Education Attorney for Students since 1995 Bullying has been a hot topic recently, due to its prevalence in schools: on the bus, in the classrooms, in the bathrooms, and generally wherever students interact.  Do you remember the school bully?  Or, maybe you have seen movie depictions such as the red haired youth with his raccoon fur hat who terrorizes the main character Ralphie in  A Christmas Story .  Did you know that students can be suspended or expelled from school for bullying? Per the California Education Code, section 48900(r) , students who bully can be kicked out of school. Such discipline is limited to pupils in the fourth grade or above and the legal definition of bullying is as follows ( summarized below): "Severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or could be "reasonably predicted" to have the following impact on a "reasonable...

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 Parents are not usually prepared for a school suspension, which can come as a shock, and completely disrupt the day, week, or month (if it is extended prior to an expulsion).  As such, this is an important article to read and pass on, as you never know when you may get "that call" from the elementary, junior high, or high school telling you to come pick up your child as they have been suspended.  What do you do when you get the call your child is being suspended? 1)   TAKE DOWN ALL RELEVANT INFORMATION IN WRITING :  In that initial call, during meetings, in talks with your child, or otherwise, write down all information and keep it handy.  Ensure you note down WHO you are talking to, WHAT is alleged to have happened, WHERE the event(s) allegedly took place, WHAT your child is alleged to have done, WHEN the activity supposedly happened, and HOW everything went down.  Yes, this is "Jour...

By  Michelle Ball , California Education Attorney for Students since 1995 California parents can often be shocked when they receive a call stating their child is being sent home for five days for saying a bad word at school.  I have seen a lot of discipline matters centered around language, including swear words. However, unless the profanity is habitual, a suspension or expulsion may not be legal. Per California Education Code section 48900(i) a student may be suspended or expelled for engaging in "habitual profanity."  Note the code does not say a child may be suspended for "profanity," but rather HABITUAL profanity.  This wording is important, and not always understood by the school imposing the discipline. Habitual is defined in "thefreedictionary.com" as follows (adjective form): 1.  done or experienced regularly or repeatedly 2.  by habit 3.  customary, usual In other words, habitual profanity must involve swearing as a regular activity of ...

By  Michelle Ball , California Education Attorney for Students since 1995 What will happen to Johnny if he has a gun, knife, explosive, or dangerous object on campus without permission?  We all know the usual answer, but according to the California legislature, it will depend on whether Johnny has permission to possess the item. Under California Education Code section 48900(b) , students may be suspended or placed up for expulsion if they: "Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object,  unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee  of the principal." So, if Johnny has a gun, sells a gun, or provides a gun to someone, he can be suspended or expelled.  Same difference with a knife or explosive, which seems fairly self-explanatory. With the "danger...