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By Michelle Ball, California Education Attorney for Students since 1995 High school sports laws in California are the bane of many parents, and students, existence.  They are restrictive and can be confusing for one and all.  One of the most common issues for students involves the transfer process, particularly when an overzealous parent calls up the new school prior to the transfer or an old coach is associated with the new school.  This may be found to be "athletic motivation" and can result in the student not being able to participate in sports for one calendar year. No student who transfers schools (whether they move or not) may participate in sports at their new school until they are granted permission by the California Interscholastic Federation (CIF), the ruling body over California high school sports.  CIF writes bylaws which are updated annually (usually during the summer) which cover most sports issues, including the ability of students to participate. ...

By Michelle Ball, California Education Attorney for Students since 1995 Moving your home is never easy, but some stuff should be smooth: calling to set up utilities, finding a local grocery store, enrollment in school.  These things should not be big deals, right?  Sure.  But, what if your child is in special education?  How will their move go?  Things can get sticky or services may stop altogether.  Parents need to take action prior to relocating with a special needs student to try to avert disaster. Technically and legally, nothing should change for your child at their new school.  If a student had a full time aide while being mainstreamed, they should get a full time aide and be mainstreamed at their new school.  If they had Resource English class, they should have it again, at least for a little while.  Sounds simple. The California Education Code section which addresses moves, 56043(m)(1) states:   If an individual with exceptional...

By Michelle Ball, California Education Attorney for Students since 1995 Occasionally my clients take their very valuable time and write what we call "Success Stories."  These are little descriptions or comments about their education matter and my involvement.  I have recently been blessed with several coming in all at once and wanted to simply pass them on: two on expulsions and two on transfers.  It has been my pleasure to be involved in these matters and to help the students involved! "I would highly recommend Michelle Ball for cases involving education!  My child was expelled for bringing a small pocket knife to school.  Even though we were not contesting the fact he brought the pocket knife, we were definitely concerned that our District Office wanted to expel him for a whole year.  This is a kid that has great grades, active in school and community activities, never missed a day of school and never had any previous blemishes on his school record. ...

By Michelle Ball, California Education Attorney for Students since 1995 Have you reapplied for an interdistrict (between two school districts) transfer and been denied?  California schools are holding tight to their students due to monetary and other considerations.  However, there is one bright spot which could help parents already on an approved interdistrict transfer: Education Code section 46600(a)(1) . Section 46600(a)(1) outlines some rules related to interdistrict transfers and states: "Once a pupil in kindergarten or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter [e.g. interdistrict transfer] , the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled." (emphasis added) One exception (excluding students entering eleventh or twelfth grade in the upcoming year) requiring reapplic...

By Michelle Ball, California Education Attorney for Students since 1995 It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut.  With the internet, even MORE parents and students in trouble are finding me!  So, I thought I would reflect on what the recent trends have been in my office where I focus only on Education Law. This year, I have seen a great number of interdistrict (between two districts) and intradistrict (within the same district) transfer issues.  It seems that many districts have been clamping down hard on students attending outside their area of residence.  My phones have exploded with issues where kids who may have been attending a school previously are suddenly denied entry, or the student expected to go to "School A", but now has to attend "School B" which the family thinks is a bad school.  It is distressing for all parties concerned, particularly the student! They don't know where t...

By Michelle Ball, California Education Attorney for Students since 1995 What if you cannot get a simple transfer for your special needs children, but believe they will not be appropriately placed otherwise?  My office was hired to assist one family who no matter what they did, could not get a transfer for their special needs children.  When my office became involved, we were able to gather enough information and communicate effectively, thereby persuading the district that the transfers should go through. Here is what one of the parents involved had to say: "I highly recommend Michelle Ball!    Michelle Ball is a fantastic education attorney. Our school district wanted to make a school placement within the district that was not in the best interest of our children (IEP, 504, and handicapped). The district was adamant that our request for transfer would not be allowed, seemingly in opposition to the law.  We felt existing law supported our requested placemen...

By  Michelle Ball , California Education Attorney for Students since 1995 Interdistrict transfers (move of student from one school district to another at parent request) are common events.  A parent does not like where their child attends school,  the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child.  They then request a transfer to another school district.  Once that transfer request is granted, can the school require students to reapply year after year for a transfer?  No. Per California Education Code section 46600 , two school districts may enter an agreement to accept students of  the other district.  Once accepted on an interdistrict transfer, however: "[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled." This i...

By  Michelle Ball , California Education Attorney for Students since 1995 Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools.  As the District was identified as failing in certain areas, under No Child Left Behind, they are now obligated to allow students from Adelante High School, Roseville High School and Antelope High School to transfer to Granite Bay High School, Oakmont High School, or Woodcreek High School. See below for an email sent to me by a parent regarding this issue.  So, act now, if you want to move.  Also, see the District website and their announcement and form . "For Immediate Release:                                     For Further Information, Please ...

By Michelle Ball, California Education Attorney for Students since 1995 Okay- you are going along in life, minding your own business.  Your kids are fine, attending school, seem to be able to read and all is right with the world when suddenly, you receive a letter, call, or see sky writing telling you that your son who attends Local High School is now INVOLUNTARILY TRANSFERRED to the... CONTINUATION SCHOOL!  Can the district do this?  Yes they can, provided they jump through a few hoops. First hoop: per California Education Code section 48432.5  notice of the intent to involuntarily transfer cannot come by sky writing, but must come via written notice.  In other words, you receive a letter which must state that an involuntary transfer is pending, but that you have a right to request a meeting with a school district representative.  Note this meeting will not just occur- you have to request it.  Please do. Second hoop:  If you request the meeting, ...

By Michelle Ball, California Education Attorney for Students since 1995 When a special education student is placed up for expulsion and/or a change of placement is recommended due to a conduct violation, school districts are mandated to convene a meeting (aka manifestation hearing) within 10 days where they make a "manifestation determination."  This manifestation determination is supposed to determine if the conduct in question was related to the child's disability as defined under federal law.  The  manifestation hearing is a VERY important meeting as it can stop the entire expulsion/transfer process. However, most parents have no idea what is going on when they arrive at a manifestation hearing and/or how significant it is until after it is held. What is a Manifestation Hearing? Per volume 20 of the United States Code (USC) section 1415(k)(1)(E), districts must determine prior to moving toward expulsion or a change of placement: 1)  "If the conduct in question wa...

By Michelle Ball, California Education Attorney for Students since 1995 Please note, CIF rules have changed and the below is based on rules prior to July 2012.  See my new blog here on the new "improved" rules. Sports issues are plentiful in the school arena.  A frequent issue which arises involves the transfer rules under the California Interscholastic Federation, aka CIF. CIF governs public school sports at the high school level and in some junior high schools as well.  They write various rules and bylaws which govern how students play, who can play, and other items.  The rules can be seen here  http://www.cifstate.org/governance/constitution_bylaws/index.html . One of the most frequent areas with which my clients have trouble involve the CIF transfer eligibility rules, Rules 206 and 207.  These are important as they can prohibit a student from playing certain sports if they change schools without meeting the CIF eligibility requirements.  The rules...

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...