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By Michelle Ball, California Education Attorney for Students since 1995 Expulsions from school unfortunately occur more often than one might think. Parents who believe life is going along smoothly with their children, may find themselves on the end of a phone call with a Vice Principal telling them to come pick up their child as they are up for suspension.  Upon arrival and discussing the situation, they may also be told their child is up for expulsion and the matter is going to hearing.   Is there any hope for resolution before the dreaded expulsion hearing?  There may be. Usually, parents with a child up for expulsion wait for the expulsion hearing to take place to plead their case, believing the expulsion hearing panel and/or hearing officer will believe them and have mercy.  Unfortunately, the expulsion panel usually takes a limited view of their punishment options and may feel they have no choice but to expel a student irregardless of a parent's plea and even on...

By Michelle Ball, California Education Attorney for Students since 1995 With the raging hot sun in California, sun exposure is a serious concern for many parents. Consequences from sunburns can be painful and potentially dangerous. Can public schools deny students the ability to carry sunscreen or other sun-protection gear on campus?  Generally, no. The need for youth to be protected is so important that the California legislature took the time to write and pass a law which gives students the right to carry sunscreen and to wear sun-protective clothing on school campuses.   Per California Education Code section 35183.5 : (a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats.    (2) Each schoolsite may set a policy related to the type of sun-protective clothing, including, but not limited to, hats, that pupils will be allowed to use outdoors pursuant to paragraph (1).   S...

By Michelle Ball, California Education Attorney for Students since 1995 You may have noticed recently that the age of students in kindergarten is increasing.  Soon, all kindergartners will be required to be 5 years old by September 1 the year they enter kindergarten.  This is because the birthday month for admission has been steadily moving backwards. California Education Code �48000  is the culprit in this mess.  It moved entrance birthdays back from December (2011-2012) to November (2012-2013) to October 1 as of 2013-2014.  This means, to enter kindergarten in the fall of 2013, a student must be 5 years old on or before October 1, 2013.  In 2014-2015 a student will have to be 5 by September 1, 2014 to enter kindergarten that year.   Be off by a single day and a student may not enter traditional kindergarten until the following year.  Even turning 5 on October 2 is too late.  A four year old born on October 2 who is turning 5 in 20...

By Michelle Ball, California Education Attorney for Students since 1995 Communication is such an important factor in life and can be the reason endeavors succeed or fail.  It is no less important in the school setting.  However, time and again I find myself with a new family in my office which has hit a barrier in communicating with their child's school.  Perhaps the administration has stopped responding to them or does not seem to take action on their complaints.  Maybe they are unable to persuade staff that some issue exists.   Communication in the school setting can be unique.  Yes there are straightforward school staffs who work with parents and life is good, but often this is not the case.  Administrators are nervous about committing to anything, admitting anything, or making firm and final decisions.  They also can be arrogant and treat parents like the children they supervise.   So, when parents communicate to school personnel in the w...

By Michelle Ball, California Education Attorney for Students since 1995 Expulsion from school can be devastating for students.  The expelled child may not be able to return to a regular school, is denied access to district or school activities, and are unsure how they will be educated during the term of the expulsion.  Many parents believe that once expelled, their child will be stuck at home twiddling their thumbs.  Not necessarily so. Per California Education Code �48916.1 , students who are expelled, although not entitled to attend their "typical" or "regular" school, remain entitled to an education: "At the time an expulsion...is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion." The program to be provided, however, cannot be located at the school where the student previously attended and may not even be located in ...

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 Section 504 of the Rehabilitation Act of 1973 (aka "Section 504") is an extremely important law for disabled students.  Having a 504 Plan means a student can receive many accommodations, and even services, to assist them in accessing their school and the curriculum.  But, how do you know if your child may qualify? The first step to qualify for a 504 Plan involves evaluating whether a student has a "physical or mental impairment."  This alone will not qualify a student, but it is the first question to ask. Per 42 USC (United States Code) �12102 (1)(A) , qualifying physical or mental impairments are described as: (A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; ...