School Dress Codes and the Right of California Parents to Opt Out of Uniform Requirements

Earlier this week, a parent allegedly punched and injured an elementary school principal in Stockton, California.  According to the individuals interviewed in a Fox 40 (KTXL) video (see video below), this was supposed to be because of a t-shirt the student wore.  Apparently the parent thought her son was being targeted based on race.  I cannot comment on any of the alleged facts in the matter, BUT can discuss dress codes, opting out of them, and even gang-related apparel.

First, per California Education Code section 35183, schools may implement a dress code and may impose a requirement that students wear a uniform to school.  If a school chooses to go the uniform route, they are to provide no less than six months notice of the proposed change.  They are also to provide some sort of means by which low income families can afford the uniforms.

If a family does not want to have their child wear a uniform they may "opt out" of the uniform requirement.  How they do this is not specified in the code, but a district is required to outline just how a parent may opt out in their board policies.  Additionally, a student is not to be penalized in any way for not participating.

The school or district may also prohibit "gang-related apparel," but is required, per Education Code 32282, to define just what "gang-related apparel" is in their comprehensive school safety plan.  Per section 32282:  

The definition [of gang related apparel] shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment.

If a parent has a concern over the dress code, they may want to review the school dress codes, and the opt out options.

Here's the video regarding the whole Stockton 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

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.

How Do You Get Your Kids School Records Released?

School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents.  One way to debunk the mystery is to make a yearly request for the pupil records to be released.

Per California Education Code section 49069, a parent has an absolute right to access their child's records.  This right also transfers to a student when they are 18 years old.

The code states as follows:

Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools.  The editing or withholding of any of those records, except as provided for in this chapter, is prohibited.

What this means is that parents of students of all school levels may review, inspect, and receive copies of  records concerning their children.  

Districts are also commanded by this code section to develop procedures for parents to obtain student records.  These procedures should be outlined in the school board policies. 

Schools can charge a per page copy fee for any records provided, but cannot charge for the time of the staff gathering the records.  

Parents should request their child's records in writing at least once a year, quoting the relevant board policy or Education Code 49069.  Parents can be shocked at just what is contained in their child's files and need to watch them.

If the school or school district hassles a parent on provision or fails to provide the records, the parent should have an education attorney send the request.  

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.

Tedious College Policies and Procedures- Yes You Have To Follow Them In Your Discipline, Academic, or Other Problem

When college issues arise, handling them can be a bear to say the least.  They can range from minor discipline matters to out and out exclusion from a college or university based on academics or some alleged wrongful conduct.  When these problems develop, a student must look toward and follow the college procedures if they want to "fix" the issue at hand.

Colleges usually have quite a number of written policies.  As indicated in an earlier blog, these policies are typically the main guide for a student with a problem.  Applicable policies are usually outlined in the school catalog, on-line, or in handouts and correspondence from the school.

In a typical college matter, a student could be placed up for discipline for alleged bad acts.  When the student becomes aware of the allegations, the student needs to immediately research the policies relevant to discipline and take all steps to try to address the matter.  Often this involves a disciplinary hearing where the student can bring written evidence, documents, and present witnesses.  If the college issues a punishment without a full blown hearing (e.g. "take this punishment or go to hearing") the student is wise to thoughtfully review the matter, the discipline being imposed, and the risks (or potential benefits, e.g. winning) of going to hearing.  Often, the possibility of overturning a matter outweighs the risks, especially if the discipline has no basis.

Sadly, it is not uncommon for busy college students to simply "take" the punishment issued whether warranted or not.  This common lack of opposition can make colleges lazy when they impose punishment and the discipline may be poorly supported.  This can be good for the student who challenges the college as the accusations may fall apart.

Some of the potential hearings which a student can request or participate in include:

1)  Discipline hearing (re: expulsion, suspension, various forms of discipline and their basis)
2)  Appeal of discipline hearing (may or may not be available)
3)  Grade appeal hearing (oppose an unjust grade)
4)  Grievance complaint (to complain about a situation or individual)
5)  Records correction hearing (granted under FERPA- the Federal Education Rights and Privacy Act).

In any situation, a university student has to apply themselves to the situation at hand and make the most productive noise possible.  This may mean filing one or all of the above internally or going outside the college setting in certain cases.

An attorney can be helpful in college matters to advise the student or draft documents for complaints.  However, check the college policies which may limit attorney involvement in some situations.  For example, an attorney may not be allowed to attend a discipline hearing, but may be able to help with drafting documents, and attending meetings outside the hearing setting.

Regardless, it is a good idea to thoroughly read the college policies and to take action on any matter at hand.  Otherwise, the discipline or outcome proposed will likely be implemented and can have a long-term negative impact.

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.

Does The Right To Graduate From School Mean A Student Has A Right To Walk At The Graduation Ceremony?

I have been approached in the past by families of students denied the right to walk at their commencement exercise (aka graduation ceremony).  They will be given a diploma, usually via mail, but have been told not to bother coming to the graduation ceremony itself.  Needless to say, families in this situation are very unhappy.

Adding to the issue is usually the fact that the student's family heard about the matter a mere week or two prior to the commencement exercise, which is a once in a lifetime event.

The bottom line is that if a student has met the academic requirements for graduation from, for example, a public high school, they DO have a legal right to a diploma from the institution they attended.  For example, if they get those 220 units, pass the CAHSEE (California High School Exit Examination), and meet their class requirements, they earn their diploma which cannot be denied.

However, the "right" to walk and participate in a graduation ceremony is an entirely different matter as it is not a "right" at all.  Walking at graduation is a privilege, similar to driving, and it can be taken away.

However, a school, in any commencement denial, cannot act in an arbitrary and capricious manner.  Something arbitrary and capricious would generally be something at the whim or fancy of the administration or that is not supported by "fair or substantial reason" (see Zuehlsdorf. v. Simi Valley, 2007 2nd Dist. Cal).  For example, if Joe S. was denied the right to walk only because the Principal did not like him, such denial could be arbitrary and capricious.  But, if Joe was denied because he had 5 suspensions in his senior year and a school board policy said that 5 suspensions meant no commencement exercise, that may not be arbitrary and capricious.

My most recent issue involved a student being denied the ability to walk at an eighth grade graduation.  We won the matter as the rights outlined in the district graduation policy had been denied my client.  Per the school board policy, the student was supposed to receive notice and the basis for the denial, had a right to respond prior to any denial, and he also had an appeal right.  He was denied all of these rights.  To top that off, other students who were in very similar situations to my client were being allowed to walk at graduation.  As such, the denial looked like out and out targeting, which of course is ARBITRARY AND CAPRICIOUS.  When we raised these issues my client graduated AND happily walked at graduation.

In another situation in which I was involved, a high school student received her first suspension during her senior year, and was denied participation in graduation and other senior activities.  We were able to argue that the imposition of such as harsh penalty was arbitrary and capricious.  Needless to say, she walked at her graduation and regained some senior activities.

If your child has been denied the right to walk at graduation, check the school policies to see if they provide rights in the situation, and also attack the decision as arbitrary and capricious if you can.  Having an attorney in the mix can't hurt either.

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.

School Recess Restrictions for Discipline- Are These Okay?

Once in awhile, a parent is surprised when their child tells them they were held in during recess by the teacher, and did not get a break that day.  Unfortunately, this may be okay for a teacher to do.  However, such restrictions should not be overused.

Recently I met with a family involved in a discipline dispute with a school district.  During our discussion, it came up that the boy who had gotten into trouble had not had any recesses for a long period of time due to continuing behavior issues.  Although this was not the main focus of our discussion, what the family reported to me was disturbing simply as this was the "new" schedule of this boy, one with NO RECESS.  Additionally, the withholding of his recesses did NOT solve his behavior issues.

Per California Education Code section 44807.5:

"The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess."

This is the entirety of the statute.

My comment on this is:

1)  The school board must actually have adopted such a policy to allow a teacher to do this, and
2)  The rules and/or regulations must be "reasonable," and
3)  The restriction itself must be reasonable in length of time and duration (e.g. how many days).

No kid should be kept in from every recess.  Youths need to get out of the classroom to have a break, run around, and just interact socially with other kids.  If this is not allowed, the conduct for which the youth is being punished may, in fact, worsen.  This is because if a child is "overpunished," (by e.g.via  missing all recesses with no hope of getting them back) the punishment may no longer have the desired impact.  The child may instead not be motivated to "act good," as acting good has no impact anyway.  They give up.  The teacher's recess restriction may also result in a negative image regarding the student, as he or she may be labelled as a troublemaker and may be ostracized and/or looked down upon by his or her peer group.

Additionally, if such restrictions are occurring, the school may effectively be put on notice that they need to take action to address the issues.  A Student Study Team (SST) meeting, behavior assessment, or other actions could be in order.

School is not only about academics, but is also about socialization, exercise, life, and fun.  It should not be such that it becomes a prison where a student never gets let out of the cage.  That would hardly be beneficial for anyone

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.

College Difficulties? Check the College Policies First

What is one of the first steps a student should take when faced with a problem at a college, such as a discipline matter or internship difficulty?  The student should first check the written POLICIES of that college.

This may sound like a simplistic answer, but one of the first questions when evaluating a private or public college matter is "what do their policies say?"  This is because colleges generally are supposed to follow their own written policies.  This seems obvious, but despite the fact written policies exist, colleges do not always follow them.  This failure may be asserted against a college to the student's advantage to lessen a proposed punishment or reverse an action taken by the college..

State and federal laws are of course always important and can define mandatory items required of colleges. These often will be memorialized in college policy, particularly in the public colleges.  But, colleges also have areas which remain unaddressed by state or federal law.  Colleges may then create a policy to fill the gap  which they may thereafter be obligated to follow.

For example, there may be no state or federal law regarding internal hearing appeal rights, or the right of an attorney to attend a college discipline hearing.  These matters thus may be defined in college policy.

I have been involved in multiple matters where colleges had written policies which were not followed.  This gave me leverage to resolve a seemingly unresolvable matter.  For example, I became involved in a situation where a California university student had already had his discipline hearing prior to my involvement.  The outcome had been very negative for my client.  However, when I reviewed the matter and found numerous breaches by the college of time limits, hearing rights, and other items outlined in the college policy, we were able to renegotiate the matter and reduce the penalty to an amount which was less than half of the original penalty.  This was a great outcome indeed.

Best of luck!

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.