lawprofessors

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 Are you frustrated that your school's Principal or Vice Principal are not listening nor acting adequately on your school complaints?  Are you being given a blank stare when you sit in the office telling your tale?  Is your child's problem not being resolved?  When problems are not resolved at the school site, don't forget the school district. I have sat and consoled many parents who have complained to their child's principal or other school staff about issues, such as continual bullying, targeting by a teacher, a dangerous situation on campus, issues with a student group, etc. to no avail.  The parents complain of getting nowhere, being treated like idiots or bothersome pests, and know their issues are not being taken seriously.  They are at a loss. Often these parents do not know nor think to involve their school district.  I think some parents believe that their school district may re...

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 There are a multitude of bases for student discipline as described in my earlier blogs.  One of those bases involves fighting (aka "mutual combat"), threats, and/or physical violence to another.  Such conduct may or may not get a student suspended or placed up for expulsion. Per California Education Code 48900(a)(1) for a student to be suspended or expelled for this type of conduct, they must have: - Caused, attempted to cause, or threatened to cause physical  injury to another person, or - Willfully used force or violence upon the person of another,  except in self-defense. But, what does this mean in "real life?"  It means student fighting, threats to hurt someone (even vague ones), and responding in a physical way when attacked by another student, can get a student punished. Fighting is obvious as far as a basis for discipline, but what about defending yourself?  Although self defen...