Schools, Colleges, And Current Trends In One Education Law Office

By Michelle Ball, California Education Attorney for Students since 1995

It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut.  With the internet, even MORE parents and students in trouble are finding me!  So, I thought I would reflect on what the recent trends have been in my office where I focus only on Education Law.

This year, I have seen a great number of interdistrict (between two districts) and intradistrict (within the same district) transfer issues.  It seems that many districts have been clamping down hard on students attending outside their area of residence.  My phones have exploded with issues where kids who may have been attending a school previously are suddenly denied entry, or the student expected to go to "School A", but now has to attend "School B" which the family thinks is a bad school.  It is distressing for all parties concerned, particularly the student! They don't know where they will attend, if they will have to make new friends, or what will happen.

I have also been handling a large amount of expulsions for a variety of matters, but have seen a rise in school expulsions for drug sales.  These are very sad situations where a student gets caught up in the moment and they do something wrong.

I have seen more college disability-related issues lately as well.  Disabled students in colleges need to ensure that they take the proper steps to notify the college of their disabilities and insist that proper accommodations be put in place.  Students also need to ensure that they are mindful of discipline policies, and that if they are punished, they force the college to follow its own policies on discipline (and state law).

Special education denials abound as well, as due to financial woes, it seems school districts deny more students or limit services.  This obviously leads to disputes!

Bullying by students and school staff (teachers, etc.) have hit my office, as well as expulsions for things on Facebook, in text messages, and otherwise.  This is a somewhat new area of punishment and it can be confusing.  I have found that many districts don't necessarily know or limit themselves to what the law requires in cases of internet or other electronic comments and can expel students technically outside their jurisdiction.  Expulsion for speech on the internet while off campus crosses over into the area of free speech and the First Amendment. Students retain their First Amendment free speech rights in the school setting, although that speech can be limited (see Tinker v. Des Moines and cases since this time).

There are so many more issues as well!  One thing which would help them all, and alleviate many parent complaints, is better communication with parents by school employees.  I often find that if better communication had been in place, the parents never would have ended up in my office in the first place.

What have your school issues been this year?

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.

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

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

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.

Interdistrict Transfers in California: Can A School Require You To Reapply?

By Michelle Ball, California Education Attorney for Students since 1995

Interdistrict transfers (move of student from one school district to another at parent request) are common events.  A parent does not like where their child attends school,  the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child.  They then request a transfer to another school district.  Once that transfer request is granted, can the school require students to reapply year after year for a transfer?  No.

Per California Education Code section 46600, two school districts may enter an agreement to accept students of  the other district.  Once accepted on an interdistrict transfer, however:

"[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled."

This is wonderful as if you are "in," you remain "in."  Previously, I would hear from parents who would have to reapply every year to maintain a transfer- no more.

Section 46601, however, does specify that a district may develop terms of revocation.  I have often seen VERY VERY restrictive interdistrict transfer agreements stating that if a student "does not follow school rules," their transfer will be revoked.  I would certainly argue against revocation for minor events.  However, depending on the terms of revocation at the new district, this statute loses some of its strength.  Still, for most parents, this will be good news.

Additionally, once a student is transferred and will attend the eleventh or twelfth grades in the upcoming year, their transfer can no longer be revoked.  For the school of attendance to kick them out then, they would have to expel them or impose an involuntary transfer.  This should ease some parents' worries on their high schoolers' continued attendance.

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 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.

Now Is The Time To Change Schools In Roseville Joint Unified School District As District Identified As "Needs Improvement" Under No Child Left Behind: DEADLINE OCTOBER 17, 2011

By Michelle Ball, California Education Attorney for Students since 1995

Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools.  As the District was identified as failing in certain areas, under No Child Left Behind, they are now obligated to allow students from Adelante High School, Roseville High School and Antelope High School to transfer to Granite Bay High School, Oakmont High School, or Woodcreek High School. See below for an email sent to me by a parent regarding this issue.  So, act now, if you want to move.  Also, see the District website and their announcement and form.

"For Immediate Release:                                    For Further Information, Please Call:

October 5, 2011                                              Steve Williams (916-782-6565x1057)

Good evening this is Steve Williams, Director of Pupil Services, with an important announcement from the Roseville Joint Union High School District.

Once again, the Roseville District has shown steady improvement on the Statewide Academic Performance scores called API and those scores are posted on the District web page.

However, as part of the federal No Child Left Behind Act, our District has been designated for Program Improvement which requires us to notify every parent and also requires us to accept transfer requests from current Adelante, Antelope, and Roseville HS students to attend Granite Bay, Oakmont, or Woodcreek High School for the start of term two in January.

Students attending Adelante, Antelope, or Roseville High School, who wish to transfer, must apply to Granite Bay, Oakmont, or Woodcreek High School by Monday, October 17.

Student Transfer Enrollment Forms are available in the Main Office of Antelope HS, Roseville HS, the District Office, and online under RJUHSD Student Transfer Choice Program.

Please feel free to call my office if you have any questions at 782-6565x1057.

Thank you and have a good evening.

Steve Williams

Director of Pupil Services"

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.

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.

What Is a Manifestation Determination and Why Is It So Important?

When a special education student is placed up for expulsion and/or a change of placement is recommended due to a conduct violation, school districts are mandated to convene a meeting (aka manifestation hearing) within 10 days where they make a "manifestation determination."  This manifestation determination is supposed to determine if the conduct in question was related to the child's disability as defined under federal law.  The manifestation hearing is a VERY important meeting as it can stop the entire expulsion/transfer process. However, most parents have no idea what is going on when they arrive at a manifestation hearing and/or how significant it is until after it is held.

What is a Manifestation Hearing?

Per volume 20 of the United States Code (USC) section 1415(k)(1)(E), districts must determine prior to moving toward expulsion or a change of placement:

1)  "If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or
2)  "If the conduct in question was the direct result of the local educational agency's failure to implement the IEP." (Individualized Education Program)

If the answer to either of these questions, as determined by the group at the manifestation hearing, is "yes," the district may not move forward with its recommendation for expulsion and/or change of placement.  The student will then be returned to their placement unless the "team" agrees to a different one or certain exceptions apply.

It is thus very important that when parents are notified of any manifestation meeting, they prepare and argue that one or both of these items (#1 and 2 above) applies.  They should argue this themselves with their own proof.  They should also provide evidence from school records and outside sources that one or both of the above questions is true.

If the manifestation team decision is that the conduct was not a "manifestation" (e.g. neither of the two questions are answered affirmatively) parents can appeal that decision by filing for an expedited due process hearing http://edlaw4students.blogspot.com/2011/01/great-due-process-hearing-reference-for.html.  The pending expulsion hearing will then be pushed back until the due process matter runs its course.

As the decision of the manifestation team may stop the expulsion or transfer process completely, it is critical that parents take a stand at this meeting and/or challenge the findings of the team (if they disagree with 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

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.

Be Careful Not To Break the Transfer Rules of the California Interscholastic Federation or You May be Banned from Playing Certain Sports

By Michelle Ball, California Education Attorney for Students since 1995

Please note, CIF rules have changed and the below is based on rules prior to July 2012.  See my new blog here on the new "improved" rules.

Sports issues are plentiful in the school arena.  A frequent issue which arises involves the transfer rules under the California Interscholastic Federation, aka CIF.

CIF governs public school sports at the high school level and in some junior high schools as well.  They write various rules and bylaws which govern how students play, who can play, and other items.  The rules can be seen here http://www.cifstate.org/governance/constitution_bylaws/index.html.

One of the most frequent areas with which my clients have trouble involve the CIF transfer eligibility rules, Rules 206 and 207.  These are important as they can prohibit a student from playing certain sports if they change schools without meeting the CIF eligibility requirements.  The rules have changed over the years, but as of this writing, the rules basically state as follows:

• Residence for CIF purposes (sports) is established when a student initially enrolls in the ninth grade at a CIF high school/junior high school, or when they enter the tenth grade at a CIF high school when they previously attended a junior high with a ninth grade. 
• A student's residence is where the student's parent(s)/guardian(s)/caregiver lives with whom the student lived when they established residential eligibility. In other words, if they lived with their father and mother when they entered their freshman year at a high school, they must stay with them to have residential eligibility. 
• A student may transfer a single time prior to their third consecutive semester of attendance (usually the sophomore year) without a change of residence and still retain eligibility to play. 
• If a student transfers high school more than one time prior to their third consecutive semester without a valid change of residence, they are ineligible to compete in any varsity level sport in which they competed at any level (even if it was not at the varsity level) at the prior school, for one year.
• A VALID change of residence means that a student plus the entire immediate family with whom the student lived at the time of establishing residential eligibility moves with them, they abandon their prior home as a residence, and they take all belongings.
• If a parent (e.g. mother) with whom the student lived when eligibility was established remains in the home (e.g. and the other parent moves), that residence remains the student's residence for eligibility purposes.  If the student moves to a new residence (e.g. with the father), the student loses eligibility unless they receive a hardship waiver.

Additionally, there are many items which can still prohibit a student from playing at another school even if they change residences.  For example, the move cannot be for discipline reasons nor can a move be athletically motivated.

Here is a handbook from CIF on these rules as there has been a lot of confusion and frustration with these rules:  http://www.cifstate.org/governance/transfer_eligibility/pdf/Parent%20Handbook%20%20I.PDF

These are very very important rules for parents to be aware of if they are considering a transfer as a student who e.g. played basketball at the prior school won't be able to play basketball at the new school unless the family physically moves, this was the first transfer prior to the third semester, or a CIF hardship waiver is obtained.  This can devastate scholarship hopes if a student loses their eligibility to play due to a move without a proper change of residence.

If your child is blocked from playing, they may return to their prior school (where they were eligible to play) to play sports, may request a hardship waiver, or may file a request for a CIF hearing if their hardship waiver is denied.  A panel should be convened to hear the matter.

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.