Parents Rights in Public Schools- Sixteen Rights (And Counting) Which Parents May Not Know They Have

California Education Code 51101 has a handy list of public school parents' rights neatly packaged for use when push comes to shove in California schools.  Some of these rights may come as a surprise to parents who are being denied a simple parent-teacher conference, can't get their child's records, are denied volunteer opportunities, were never given the school policies, or are having other difficulties in the public school environment.

Section 51101 affords the following rights to California public school parents (be advised this is an abbreviated list and is paraphrased):

1)  To be "mutually supportive and respectful partners" with the school.

2)  Within a reasonable time to observe their child's current classroom(s) and/or future classrooms if transferring.

3)  To meet with the teacher(s) or principal within a reasonable time of their request.

4)  To volunteer in the school or classroom, under supervision of school employees and with approval of the teacher (if volunteering in the classroom).

5)  To be notified if their child is absent on a timely basis.

6)  To receive the results of standardized and statewide tests.

7)  To request a particular school and receive a response.

8)  To have a safe environment supportive of learning.

9)  To examine curriculum materials of their child's classes.

10)  To be informed of their child's progress and whom the parent should contact if there are problems.

11)  To access their child's school records (see also Education Code 49069 which requires provision within 5 business days).

12)  To be provided with data regarding skills and standards their child is to meet.

13)  To be informed in advance of school rules, including discipline rules and procedures, attendance policies, dress codes, and procedures for visiting the school.

14)  To be informed regarding any psychological testing the school does and to refuse the testing.

15)  To participate in parent advisory committees, schoolsite councils, or site-based management leadership teams.

16)  To question anything in their child's records with which they disagree.

Now, parents, did you know you had all these rights????  Now go out and use them.

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.

Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated

Under both California and federal law, schools CANNOT make drugging kids a condition of attending school.  This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs.  Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.

Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity.  The intolerance is large and the schools have become much more focused on CONTROL of children.

Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction.  Unfortunately, the typical classroom does not work for all kids.  As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated."  Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?"  The pressure can be intense and unrelenting.

Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior.  Now, when I talk about medication, I am referring to psychotropic medication.  In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."

Before looking to medication as the "answer," consider these options:

1)  Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child.  There are charter schools, private schools, home schools and many options other than the public schools.
2)  Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3)  504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example:  frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc.  There are so many accommodations which can be made if behavior is impacting school, it is unbelievable.  The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4)  Behavior Support Plan (BSP):  These plans may be developed in conjunction with the SST, 504, or special education.  I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs.  This is a fabulous tool to evaluate and handle behavior issues.
5)  Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6)  Alternative Mental Health:  Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com.  This site says it is "the largest site for non-drug approaches for mental health."  As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior.  There may be another way.

The bottom line is that parents are in charge of their child's mental health and must help them if they have issues.  The school cannot force a parent to drug a child, and parents must be ready to resist the pressure.  You can do 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

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.

An Excused School Absence for Religious Instruction? Maybe! Check Your School District Policies

Religion and religious instruction in the schools generally does not occur based on the doctrine of separation of Church and State.  But, can a parent provide their OWN religious instruction during school hours for which they receive an EXCUSED absence?  Maybe-- the answer depends on the school district involved.

Per California Education Code section 46014, a school district MAY adopt a policy allowing pupils to be excused from instruction to participate in:

"religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination"

The code also states that such an absence, if allowed, is not computed as an "absence" for the school.  In other words, the school still gets paid for that child's attendance.  Sounds great!

There are limitations however:

1)  The child would still have to attend the minimum school day required (e.g. less than the whole school day), and
2)  The district would have to pass a policy allowing these types of absences, and
3)  The absences are limited to a maximum of four times per month (or as specified in the district policy).

If you would like your child to attend a religious matter during school hours check if your school district has a policy allowing this to be an excused absence.  If they do, you will have to follow the policy in place.  If they do not, you can ask your Board of Education to adopt one!

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.

Is My Child A Truant?

Being labelled a "truant" (a pupil breaching the laws mandating school attendance) can be devastating to a family.  The process may lead to meetings with school officials or even a School Attendance Review Board (SARB) hearing with a rigorous contract imposed on the family and even court action.  This is definitely something to be avoided if possible.  As such, the basics of what makes a student into a truant must be understood by parents and students.

California Education Code section 48260 sets forth the definition of a truant as follows:

a)  Any pupil who is subject to the compulsory education laws, AND
b)  Who is absent from school without valid excuse,
c)  Within one school year for:
1)  Three full days OR
2)  Three times for more than 30 minutes during the school day OR
3)  A combination of both (#c1 or c2)

If three unexcused absences occur in one school year, and the individual is between ages 6-18 not excused from attendance (e.g. attending private school, etc.), a school district may label a student a "truant."  See section 48260 and other truancy codes here:   http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48260-48273

Districts vary on the strictness with which they prosecute students with unexcused absences.  Some districts  let students accumulate more than 3 unexcused absences without comment.  Other districts are rabid on enforcement, and jump on students immediately once the 3 unexcused absence threshold has been reached.

Once a district decides to label a student a "truant," they are supposed to notify the parent or guardian of the below.  Although notification used to be required by mail, districts now can notify parents by the most cost efficient method possible, including via email and/or telephone, of the following items:

a)  The pupil is a truant.
b)  The parent or guardian is obligated to compel the attendance of the pupil at school.
c)  The parent or guardian may be guilty of an infraction and subject to prosecution if they do not compel attendance.
d)  Alternative educational programs for attendance are available.
e)  The parent or guardian has the right to meet with school personnel to discuss the pupil's truancy.
f)  The pupil may be subject to prosecution.
g)  The pupil's driving privileges may be suspended, restricted, or delayed.
h)  The parent or guardian is recommended to attend school with the student for 1 day.
[see California Education Code 48260.5- link is above]

Notification IS MANDATORY so be sure to check your email, mail, and/or phone messages and respond appropriately.

If parents do not respond promptly to address the alleged situation, they may be pushed toward a School Attendance Review Board (SARB) hearing.  It usually is better to try to resolve truancy issues at the school district level rather than to let SARB step in and impose a contract which if not followed could lead to court action against the family and student.

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.