Transfers for Special Education Students Achieved- One Parent's Story About How The Law Office of Michelle Ball Helped

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 placement based on the services available at the schools in the district. In the face of a unified negative response from all levels in the district, she [Michelle Ball] provided legal guidance and support that ultimately drove the district to change their position and grant our request.

While the whole experience was unnerving, we learned not to give in, and pushed for a placement that was in the best interests of our children. The district seemed to believe that time and cost were on their side and that we would eventually accept their decision. With Michelle’s counsel we were able to fight and drive the district to change their position to one that met our children’s needs rather than the needs of the district. The cost of fighting the decision, while not insignificant, pales in comparison to the long term results that the district’s placement would have had on the rest of our children’s lives, and by extension, ours. They now have a much better chance at a quality education and a successful life, as opposed to the prospect of a less successful education experience and the negative impact that would have on the rest of their lives.

Many thanks!
-RJJ"

Thank you RJJ!

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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Please note: This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of a legal matter.

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

What Happens After A School Expels a Student? Can They Still Attend Some School?

No one likes to think about school expulsions or their child getting kicked out of school.  But what if the very worst happens?  What if an expulsion from the school district actually issues?

A child who is expelled, unless an exception is made in the expulsion decision and/or agreement, may not attend any school within the district from which they were expelled.  But, they still are entitled to an education.  Per California Education Code section 48915(d), a student who is expelled shall be referred to a program of study which meets the following conditions:

(1)  Is appropriately prepared to accommodate pupils 
who exhibit discipline problems.

(2)  Is not provided at a comprehensive middle, junior, or senior 
high school, or at any elementary school.

(3)  Is not housed at the schoolsite attended by the pupil
 at the time of suspension.

What this translates to in the real world post-expulsion, is usually a move to a continuation school.  If the school district has their own continuation school set up, the student is shuffled there.  If the district does not, the students are usually referred to the county continuation school.  These are not the places most parents usually want their child to attend, but they do work for some students in the right circumstances.  The reason they may be perceived as unsavory is, ironically, the fact that all the expelled (aka "bad") students attend these schools. Most parents do not envision their children as one of "those kids" even after they are expelled.

One good thing- usually the attendance at the assigned school is not mandatory (verify with your district), so a parent may attempt to enroll their child in another district, a charter school, a private school, or an on-line school.  Often an on-line school may be the only option, but the others may be worth a shot as well.  When applying, a parent must tell the new school they are trying to enter of the expulsion.  However, they can still attempt to persuade the school to admit the student.  A letter of their own and/or authored by their legal counsel explaining the situation, how it was flawed, etc. may be helpful.

Rather than take a shot at the expulsion hearing, and risk such a placement, it is strongly recommended that parents involve an attorney specialized in education law prior to the expulsion hearing so a more positive outcome may be sought. Expulsions are a big deal- don't chance it.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

IEP Meeting Preparation: Gather Your Pile of Persuasive Documents to Go to War

Going to an IEP (Individualized Education Program) meeting is not just "going to a meeting," although it may seem like that.  It is going to war.  This is a war for our children and their education.  IEP meetings tend to be deceptively simple, where everyone "gets along," and the school members seem to decide all, with the parents just observing.  As such, it is important, prior to going to any IEP meeting, to put together documents which will help parents get what they want for their children.  This can mean the difference between a good education and a bad one for a special education student.

A critical document that a parent should obtain well in advance of the IEP meeting is a demand letter from an attorney setting forth requests and support for those requests.  Often parents' wishes may be ignored until an attorney steps into the matter.  Attorneys speak with authority and carry "big sticks" so resolution may come more quickly.  If not, the attorney may proceed to other means of resolution such as filing a due process hearing request, a state compliance complaint, a disability discrimination complaint, or starting some other process.

If the parents do not have an attorney letter, parents should provide their own written outline of the items which they want added to the student's IEP plan.  This list could include what placement would be appropriate, what goal areas should be covered, and the amount and type of services needed to help the student advance year to year.  If provided with enough time, key IEP team members will likely mull over parent requests prior to the IEP meeting and may already be in agreement when parents arrive at the meeting.  They will also usually go down a parent list item by item at the IEP meeting to discuss what the district will or will not do and why.

Also important are written reports gathered from independent outside assessments.  Although a parent may be able to get a district to pay for an outside assessment, the best possible assessments are usually from completely independent educational professionals.  This is because the professionals parents hire go to bat for the child, listen to what parents want, and help them achieve their goals.

District assessments, email, report cards, correspondence, and other documents should also be culled to locate support for each item requested. This is very important as otherwise parent requests are merely parent "opinion" and can easily be dismissed by the "authorities" at the IEP meeting.  With support in the records, a parent has a much stronger chance of getting what he or she wants for their child.

Documents which will support the parents' position should also be copied and provided to everyone at the meeting.

This list should help arm parents for battle. Providing persuasive documents can create quite an impact on the IEP team and the plan they issue, and can mean the difference between academic advance and academic decline for the student.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Can Schools Just Involuntarily Transfer My Child to a Continuation School?

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, at that meeting, you will be informed of the basis for the involuntary transfer and "shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented and present evidence on the pupil's behalf."

I would recommend you ask for any documents PRIOR to the hearing along with the basis for the transfer, witnesses who may be called, etc.  Otherwise, how can you present your defense?

Third hoop:  The transfer must be based on the fact that the student committed a suspendable act or that they have been habitually truant (reported truant on 3+ occasions - see Ed Code 48262) or irregular in attendance (see my other blog on truancy).

Fourth hoop:  The decision to actually involuntarily transfer, or not transfer, a student to a continuation school  must be in writing.  In other words, you get a second letter.  This letter must indicate if the transfer will be periodically reviewed, the procedure for review, and the facts supporting the involuntary transfer.

Fifth hoop:  No one making the decision can be on the staff of the school which is kicking the student out.

Sixth hoop:  This is to be something done only after "other means fail to bring about pupil improvement."  However, even with a first suspension a student may be involuntarily transferred if their presence presents a danger to "persons or property or threatens to disrupt the instructional process."

Seventh hoop:  The involuntary transfer can't go longer than 2 semesters including the current semester unless the policy of the district allows for only yearly review.

If they do not jump through all the hoops you may be able to attack the involuntary transfer for not meeting legal requirements.

Also, please note that you should check your school district's policies on involuntary transfers as well, which might offer even more hoops and an appeal process.  Hope this helps!

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

The Four Letter Word in Special Education: "BEST"

It does not cross the minds of most parents that certain language related to special education is somehow "bad," or that using a single word in the quest for services could cause a parent to fail.  However, there is one word which ranks in my book as the number one most hideous, most awful word when it comes to special education- BEST (otherwise known as  "B***").  Now, this is counter intuitive, but it is true.

Parents often believe that special education is to provide their child with the "best" education.  Little Johnny ought to be placed where he has the best chance to succeed, in the environment where he will go the furthest, at the school which interests him the most, right? Obviously, he deserves the best, doesn't he?  I hate to break it to you, but the answer is NO.  Johnny is not entitled to the best school environment, best services, or anything "best" at all, at least not when placement is made via the public schools.

How can this be?  We do not understand!  This is because under the Individuals with Disabilities Education Act (IDEA), the word best does not exist.  The word APPROPRIATE, however, does.  Johnny, as a special education student is ONLY entitled to an APPROPRIATE placement to meet his UNIQUE needs.

I recall cases I have read where the parents' professionals (psychologist, etc.) testified at hearing, and recommended X school with stellar services as these would be "best" for the child involved.  However, despite the truth of these assertions, the parents lost their case.  Why?  They attempted to apply a higher standard and of course, they used the bad word!  Best!  Well, like a child who does something wrong, they were punished for it and LOST their quest for the "best" placement.

Had the experts oriented themselves slightly differently to recommend X school with the APPROPRIATE services to meet the child's needs, they might have won.  I bet the school district attorneys in these cases (where a maximum benefit rather than appropriate benefit was sought) snickered to themselves as they knew the IDEA does not support the BEST OF ANYTHING.  Rather, it merely supports an appropriate placement.  This can come as a shock to parents, and even professionals.

So remember, please, that when you have professionals write letters in support of your requested placement, when you advocate for your son or daughter's placement, never ask for the BEST of anything- ask for what is appropriate - the appropriate placement, the appropriate services, the appropriate accommodations....  These could be exactly the same things, by the way, we just identify them differently.  And, exclude forevermore from your language, at least when it comes to the public schools and special education, the word "best."  It can mean the difference between winning and losing.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.