School Suspension Or Expulsion For Bullying Under California Education Code 48900(r)

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 pupil:" 

1)  Places the student in fear of harm (for themselves or their property).
2)  Has a "substantially detrimental effect" to the student's physical or mental health.
3)  Causes substantial interference with the student's academic performance.
4)  Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school."

A "reasonable pupil" is defined as: "a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill , and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs."

What this means in English and how this will play out is yet to be seen.  The legislature did attempt to limit the application of this statute in the fact that they require "substantial" interference in three out of four of the categories.  However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" might be.  And I don't know about you, but some of the things kids do could put almost anyone "in fear of harm."

Most likely the schools will require a low level of proof.  The vague language here is doubly concerning when one considers that in the majority of expulsions, parents and students appear before a panel of hand-picked District employees who will hear and decide on the matter and the punishment.

Parents really need to ensure that they involve proper legal help if their children are up for expulsion for bullying as the right to attend school is an important right to fight for.

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
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

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

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.

Sexual Battery As A Basis For Expulsion, Suspension, Or Other School Discipline

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.  Rather than contain a definition in the Education Code, §48900(n) references California Penal Code section §243.4 for a definition of sexual battery.

Per Penal Code §243.4 the elements of sexual battery, in a nutshell, are: 

SEXUAL BATTERY occurs if:
-- A person touches a victim's intimate part and/or forces the victim to touch them or someone else, AND
--  This is against the will of the victim, AND
--  The touching is for the purpose of sexual arousal, gratification, or abuse, AND the act occurs:
* While the victim is unlawfully restrained, OR
* While the victim is institutionalized for medical treatment and is seriously disabled and/or medically incapacitated, OR 
* The victim is unconscious and is touched by a professional who falsely represented the touching was for a professional purpose.

[please note this is my summary only and is not a quote of the statute- please click link to get complete code]

Now which of these MAY apply with California students?  Any, but the one which would typically fit in a school setting is touching while a person is unlawfully restrained, correct?  The second scenario (institutionalized touching) could potentially occur if the victim and student were e.g. placed in residential treatment or the student was visiting a hospital, which is an uncommon occurrence.  The third one (professional) seems to apply to e.g. therapists, doctors, or other such individuals.

If the charge of sexual battery is levied against a student, the parents need to immediately bring the matter to an education attorney to review the facts and circumstances so this allegation can be evaluated and confronted promptly.  If not, the student may have this heinous allegation haunt them for years to come. They may also be cited by the police for alleged sexual battery when none occurred.  

Additionally, parents may be talked into signing an agreement (expulsion, suspension, behavior contract, etc.) which contains a school sexual battery charge.  Or, if they choose instead to go to e.g. an expulsion hearing, they will present their defense of "no sexual battery" to an expulsion panel of non-legal personnel (district employees) who may not grasp just WHAT a sexual battery is and/or whether the student involved actually sexually battered someone.  Even if a parent brings the law with them, or attempts to explain what a sexual battery is to the expulsion panel, they may not be listened to as they are not attorneys.  As attorneys are the only ones licensed to interpret the law, without an attorney, a parent's best argument of NO SEXUAL BATTERY, may still fall on deaf ears.

Parents, it is vital that you seek out legal help if your child has the charge of sexual battery levelled against him or her.  Failing to do so, can have horrible consequences and your child may be marred by such allegations for life.  Don't make the mistake of misunderstanding just what you are getting into when facing a sexual battery allegation.

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
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

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

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.

Suspension or Expulsion For Profanity At School? It's Supposed To Be Habitual

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 the student.  One slip up of saying the "F" word or the "S" word is NOT grounds for suspension or expulsion per the California Education Code.  However, easy as it seems to read the statute, I have seen discipline imposed for simply saying a bad word on a single occasion.  Technically, this is not a legal basis for suspension.

As it is often harder to remove a record, or reverse a suspension (suspension appeal), than to prevent a suspension in the first place, all parents should discuss language at school with their children.  Profane speech may result in a student having a permanent black mark which may haunt them beyond high school. Suspensions (and expulsions) must be revealed when inquired about by colleges, or even when seeking to enter various professions (even becoming an attorney).

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

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

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.

Suspension Or Expulsion For Knives, Guns, Explosives Or Dangerous Objects And A Way Students CAN Have Them On Campus?

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 "dangerous object" portion, schools may interpret "dangerous object" as covering practically anything, rightly or wrongly.  For example, a pencil, scissors, stick, book, pillow, spit, urine, chemicals, and on and on, depending on how the object were used.  As such, this code section can sometimes be stretched, properly or improperly, to attempt to meet the situation.  A parent would of course argue a pillow, book, or other common object was never a dangerous object and the intent was to cover obviously dangerous objects (nunchucks, throwing stars, etc.).

Section 48900(b) provides an interesting exception which could avoid a suspension: permission to possess a gun, knife, explosive or dangerous object (this is too good to be true!).  But, how any student would ever get "permission" to possess a firearm, knife, explosive or "dangerous object," is beyond me.  I would suggest that any child who actually had the nerve to seek permission to bring one of these items on campus, would be interrogated and searched by today's school administrators.  This would not be okay, but they would probably take such a request the wrong way and go after Johnny regardless of what the code says.

Obviously when this code was written many years ago, the legislature thought this might be possible.  The only scenario I can think of is for some kind of school play, or an authorized in-class demonstration (show and tell).  If "permission" is sought, make sure it is granted in writing and the principal signs off as well as the teacher granting the permission, or the kid could be toast regardless of the situation.

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

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

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.

School Expulsion/Discipline For Knife Offenses: What IS a Knife Under the California Education Code?

Many students are suspended or placed up for expulsion for possession of a "knife," pursuant to California Education Code 48900(b).  Although what a "knife" is, seems somewhat obvious, it is specifically defined in  the Education Code and the definition is important.

A sister section, 48915(g) contains the definition of a knife as it relates to suspension or expulsion.  Per 48915(g) a "knife" is:

[A]ny dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

Okay- you may feel like you are somewhere back in time when trying to figure out what a "dirk" or "dagger" is, but click the links to find out.  For our purposes, the two most important definitions are:

1)  Weapon with a blade longer than 3 1/2 inches, and
2)  Folding knife with a blade that locks into place.

This is because in my experience these are two most helpful definitions for parents.

The reason is this: if a kid goes fishing over the weekend, leaves his multi-tool, key chain, or swiss army knife with a blade that locks into place in his pants pocket, and throws those same pants on in the rush to get to school on Monday, he has a knife for expulsion purposes.  It does not matter if he did not intend to bring the item to school, nor that he used it for fishing- he could be in trouble if this item is discovered.  Of course, many kids, finding such an item in their pants pocket while at school, take it out, fiddle with it in class, show it to friends, or simply use it.  That is a very very bad idea.  In fact, even if the blade is minuscule, dull, and looks like it could not hurt a bug, if it locks, the school may choose to apply their "zero tolerance" viewpoint and put the kid up for expulsion.

If the same tool does NOT have a locking blade, that is when the 3.5 inch blade issue arises.  If a blade is 3 inches long, attached to a multi-tool, and not "primarily for stabbing," this may open a door for attack.  Please note: the student still may be put up for school expulsion for other reasons such as possession of a "dangerous object," but that is a story for another day.

Now, don't count on the schools understanding this nuance- it may be a matter to be raised in the child's defense by legal counsel.  In my experience, it is rare for schools to listen to parents without attorneys when it comes to legal interpretations.

There is a lot more to say, but basically if a child is up for expulsion for possession of a knife, check the definition above to be sure what they have really IS a "knife."  If it isn't then any discipline for a "knife" may be open to attack.

P.S.  If you like my blogs, please "like" me on Facebook, and  subscribe to my email updates and Youtube channel (see links up and to the right).

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.

California School Suspensions for Disruption or Defiance- An Everyday Occurrence

One of the vaguest and most troublesome sections of the California Education Code for public school students is the portion which allows schools to suspend, or even expel, students for disruption or defiance.  The problem with this is that the code can be (and is) applied to practically every type of behavior which brings extra work or difficulty to the school staff (what doesn't?).  Parents need to know what is going on when they receive a call saying their child is being suspended for disruption or defiance.

Under section 48900(k) of the Education Code, a child may be punished if they:

Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

Now, isn't that clear?

This is the "catch-all" discipline section of the Education Code.  It catches almost all of student conduct which a school wants to punish not covered by other code sections.  It really gives school officials a green light to punish, sometimes for the most minor infractions imaginable.

For example, I have seen students suspended when an investigation had to be conducted by administrators.  Now, the students were not punished for the "something" someone allegedly did, but because administrators were bothered and had to do an "unusual" activity- conduct an investigation.  Well, if that were the standard, there should be non-stop suspensions as when aren't administrators bothered by students on an hourly basis? And, isn't conducting investigations part of what administrators do?  Why punish the students for something predictable like investigating an alleged situation?  This should not be a basis for suspension.

I have also seen students punished for getting a drink of water during their physical education class.  Apparently this was "defiant," to take a drink in clear visibility of the teacher (who was across the field while the student was near a water fountain) without permission.  Need I say more?

Another one which comes to mind:  students have been punished for WATCHING a fight.  Now, as far as I know, watching a fight is not punishable, even under THIS section, but needless to say Districts can sometimes stretch their authority to attempt to cover just standing there and looking!

Now of course, it really is up to each individual school as far as HOW they apply this code.  For example, one school may rarely have suspensions for disruption or defiance.  Others issue these hourly.  It all depends on the personnel in charge.

When you are called in to be told your son or daughter is being suspended from a California public school for disruption or defiance, know that often your logical arguments showing there was no disruption or willful defiance may fall on deaf ears.  The next step is usually to follow the suspension appeal process (if there is one), and/or pursue some other form of potential remedy such as filing a records correction request after the fact.

Best of luck out there.

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.

Can A Parent Withdraw a Student or Move Away To Avoid A Pending School Expulsion Hearing?

As a California expulsion lawyer, I frequently meet with parents regarding pending school expulsions.  One of the questions which often comes up is whether, if the parent removed the student from the school or district prior to the expulsion hearing, the school district would still have jurisdiction to expel?  Yes.  A school expulsion hearing cannot be avoided by running or disappearing.

Once an expellable act is alleged to have occurred and an expulsion hearing is pending, even if a student moves out of state, the expulsion hearing may still proceed.  Not going to the hearing does not avoid the consequences no matter how much we wish that were so.  Additionally, when the student is enrolled somewhere else, their discipline records will follow them and they may be refused admission.

If a parent has committed to not returning a student with a pending expulsion hearing to a school district, the best thing to do is usually to try to negotiate the outcome.  In other words, a parent can go to district officials and try to negotiate a lesser punishment if they e.g. "don't show their face around there again..." for a certain time period.  This can help to resolve the school expulsion matter pre-hearing.

Be warned that a district can still say: "Well, he could not come back anyway if he were expelled so you have to go to hearing."  To overcome this, the best persuasive case needs to be made by parents even during pre-hearing discussions.

Sadly, a parent's pleas to strike a deal will often fall on deaf ears unless they involve a school expulsion attorney.  A large amount of my expulsion matters are resolved pre-hearing via negotiation as this is often the cheapest and most efficient way to handle the situation.  I have observed, however, that when a parent presents the same sort of offer I do to a district, they may be ignored as they are merely "the parent."

Regardless, it is always worth a shot to try to negotiate the best outcome if possible and with the strongest leverage a parent may have.  Often, as a school expulsion matter can be stacked against a student, the only potential leverage is involving an expulsion attorney specializing in education law.

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.

School Suspension and Expulsion Bases: Fighting and Threats of Harm

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 defense is listed as an excuse which should prevent discipline, in real life (e.g. at schools), self defense is not often accepted as a reason to NOT punish, unless a student who is assaulted runs away to the office, to an adult, or curls up in a fetal position to take the beating...!  Parents, I am not being sarcastic!

For example, if a student is hit by another student, and hits back, the schools usually deems this "mutual combat," and suspends both kids, regardless of who started it.  The insertion of the words "except in self-defense," in the Education Code often do not register on a school's radar and they suspend any student  if they engage in any form of physical altercation, even if the student has no other choice (e.g. they are attacked).  However illogical this sounds, this is the standard that I have seen applied since I entered this business.

There are times when schools WILL allow the self defense "excuse," for example, when it would be glaringly obvious even to a 3 year old (no offense against 3 year olds), such as with a gang beating of a kid, but for the most part in a two student battle, both will be punished.

Additionally, the mere "threat" of physical harm can get a student punished.  A "hit list" against students or teachers, threats to students or school personnel on Facebook or other social media networks, threatening or violent essays, and even drawings of guns and destruction can land a student in the discipline hot seat.  First Amendment free speech issues may arise, but schools usually ignore such rights if they exist at all.

Whether a student actually will be punished for such conduct each time is up to the school.  Usually in the student handbook will be a grid with a list of punishments and the possible punishment for each.  With fighting, or other physical harm, the schools will usually allow suspension OR expulsion even on a first offense.

In the "old days," students could probably defend themselves for real and not be suspended, but in our "zero tolerance" world, this is not the case.  Students are expected to take a beating or run away so they won't be in trouble.  This does not always fit when a kid is attacked.  Alas, no one ever said that school discipline was logical or reasonable, and I would certainly never make that claim.

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.

Offenses Where a Recommendation for School Suspension or Expulsion is Discretionary

I previously blogged about offenses which do not give California school districts any discretion on whether to recommend and/or actually expel a student.  However, there is a whole laundry list of other school offenses for which a school district is not required to suspend or expel.  In fact, rather than suspending or expelling a student who commits one of the below offenses, a district can implement other punishment which may actually serve the student and student body better.

This is the BIG LIST of discretionary offenses for which a student MAY BE RECOMMENDED FOR EXPULSION and MAY BE EXPELLED in California.  Suspension and expulsion are not mandatory for the below situations:

1)  Caused attempted or threatened to cause physical injury.
2)  Willful force or violence on another except in self-defense.
3)  First offense of possession of less than one ounce of marijuana
4)  Under the influence of a controlled substance (unless they count this as possession which carries a mandatory recommendation).
5) Possessed, used, or sold alcohol.
6)  Offering, arranging or negotiating to sell a controlled substance, alcohol,or  intoxicant and delivering a substitute material, representing it as the item.
7) Damage/attempt to damage property
8)  Stealing (but robbery- e.g. stealing with force carries a mandatory recommendation)
9)  Tobacco/nicotine product possession
10)  Obscene act (so long as not sexual assault/battery) or habitual profanity/vulgarity.
11)  Possession, negotiation or sales of drug paraphernalia
12)  Disruption or willful defiance (this is the "catch all" offense)
13)  Knowing receipt of stolen property.
14)  Possession of imitation firearm.
15)  Harassment, threats or intimidation against student witness to prevent testimony or retaliate
16)  Attempt to engage in or engaging in hazing
17)  Bullying including by an electronic act directed specifically toward a pupil or school personnel.
18)  Sexual harassment
19)  Caused or attempted to cause hate violence (grades 4-12)
21)  Intentional harassment, threats or intimidation (grades 4-12)
22)  Terroristic threats (e.g. threats to commit a crime)

This is an abbreviated version of California Education Code sections starting at section 48900.

With these offenses, it is completely up to the school or district's DISCRETION whether to proceed with suspension OR expulsion or... nothing.  However, just because they don't carry mandated expulsion recommendations in the Education Code does not mean school districts do not put kids up for expulsion for any or all of the above.  They do, and they often put them up under more than one category.

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.

Twelve Things You Can Do To Stop Bullying

The New York Times yesterday (2/1/11) reported on an attack of a Philadelphia boy by 7 youths on the way home from school.  http://www.nytimes.com/2011/02/02/us/02bully.html.  The victim was beaten by a group and then left hanging from a high fence.  Prior to that the boy had been kicked, dragged, punched, and placed upside down in a tree according to the author of the article, John Hurdle.  Don't let this happen to your child.

I would suspect this was not the first situation involving these boys.  For example, I bet:
1)  There was a history of targeting the victim prior to this incident at school.
2)  The school knew about the targeting and/or they knew about other incidents involving the attackers.
3)  The school did nothing and/or did not do enough.
4)  The parents did not ask the right questions of their son about what was going on at school, and/or they did not jump all over the situation to get the school to act.

FYI- never ever presume the schools ARE doing their jobs adequately.  You must stay involved.  Parents ALWAYS need to know what is going on to ensure the schools are doing what they are supposed to do.  Kids usually will not report issues to school staff on their own and feel they have no power.  If school officials don't notice something is going on, parents must step in.  I have heard too many horror stories to believe otherwise.

Schools are under an obligation to take action when they know bullying or targeting is occurring.  They may also punish the students involved (see California Education Code sections 48900(r) and 48900.4).  However, I get calls weekly from parents whose kids are being targeted while the school ignores a known situation.  Often the parents have verbally told the school, but the school has done nothing.

Here are my best suggestions of what to do to get action from the school and stop the bullying:
1)  Talk to your kids every single day about what is going on at school.  Really get into problems they are having and who the problems are with.
2)  Go observe your children at school.  Get advanced permission from the school.  Then, sit and watch what is going on with your child from a distance.
3)  If anything comes up in your discussions and/or observation involving repetitive taunting, pushing, etc. note this down.  Keep a daily journal of what is going, where it happens, and who is involved.
4)  If things are bad, and/or physical at all, send a letter to the school regarding what is going on.  Ask for a meeting and action by the school.
5)  Meet with the powers that be and develop a plan to stop the bullying.  Bring a list of items you WANT put in place such as a shadow to follow your child, a meeting with the other kids' parents, daily email, etc.  This list will be unique to each student, depending on the situation.
6)  If they ignore you, send your letter to the Superintendent.
7)  If things continue to occur, send DAILY LETTERS OUTLINING WHAT IS GOING ON.  Paper trails are great for making people act.
8)  You can also file a complaint in writing with the District, or could even go to your local grand jury to file a complaint if you are getting nowhere.
10)  Pick up your child or walk them to/from school if possible.
11)  Protect your kids.  If the school and district are non-responsive, you must protect your child as a first action while you resolve the problems.  This may mean transfer to another school, independent study, your supervision at school as needed, etc.  Their safety is paramount.  You do not want to have your son or daughter end up like the boy in Philadelphia who was beaten by a group of kids and left hanging from a fence.
12)  Attorney involvement at any point can also help.

The school will control what they do in response to the bullying, but you can influence them by providing a list of what you think will solve the problem.

Don't neglect this.  Parents must take control to the degree they can, or their child may be left hanging beaten from a fence or worse.

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.