Vol. I, Issue 2

BACK TO SCHOOL:
WHAT ISSUES SHOULD I BE AWARE OF FOR THE COMING YEAR?

Truancy:

Under the current state law, a child is truant if he or she is tardy or absent 3 times in one school year without valid excuse. A valid excuse could be a doctor's excuse, a death in the family, or other emergency situation.

If a child is a truant, the parents of the child may be summoned to meet with or appear at a hearing in front of school officials or the Student Attendance Review Board (SARB). A SARB meeting or hearing may involve representatives of the school district, the sheriff's office, the district attorney’s office, or other officials.

If the child's truancy does not cease, the parent or guardian of the student may be guilty of an infraction or face other charges for failing to compel attendance. Additionally, the student may be subject to suspension, restriction, or delay of their driving privileges.

Is a parent’s excuse good enough?
Medical excuses from a doctor are good excuses for absences. A parent’s excuse may or may not be accepted by a school or school district as good cause for an absence. Districts and schools vary in their standards of what a valid excuse is. Thus, it may be a good idea to obtain a doctor's excuse for an absence. Additionally, a parent may want to call their school and forward a written note informing the school of their child's condition if they are expected to be out of school for any length of time.

How A Lawyer Can Help You:
Oftentimes, parents or students consulting with the Law Office of Michelle Ball explain that they have attempted to resolve an issue with their school or school district and have either been ignored, or have gotten little results. What an attorney can do for you is give you a Voice.
Attorneys are well-versed in their legal area. As the Law Office of Michelle Ball specializes in education, we understand your specialized issues involving your school. With our general knowledge of the law, plus the specialized expertise, you have an ally who knows the law, and can help you get what you need.

Not every case can be easily resolved, and may involve heated discussions or meetings with the school or school district, but most matters can be handled if an attorney gets involved. Results are much quicker than when a parent or student goes it alone. Attorneys are allies and advocates. We are your representatives ready to take the stress off of your shoulders. Attorneys can help you and your child have a better tomorrow.

Ask MBLaw
My son has an audiological disability (hearing impairment) which I do not fully understand. It definitely affects him in school, but I am not sure what services he needs or what to do next. Please help.

Any child with a disability which affects his education is entitled to certain special services and/or accommodations from his or her school. Your son needs a thorough evaluation of his exact disabilities. Depending on the facts of the case, your school may have to provide a thorough assessment of his current condition. Such an evaluation is helpful if it provides the parent with a thorough analysis of the child's condition and what can be done to help improve educational performance. Such an assessment is definitely the starting place for handling educational difficulties that have not been fully assessed.

© 1998 Michelle Ball.
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 3

SPECIAL EDUCATION: WHAT IS IT?

Special education is a somewhat complicated subject. What it boils down to is, if your child has problems which affect his or her learning and education, your child may be entitled to free services and accommodations from your school and/or school district.

Here is an example of a situation where special education may be warranted: Johnny's mother noticed Johnny was having difficulties in school. He seemed distracted at school and was falling behind. He tested 3 grade levels behind in math and reading and things were not getting any better. Johnny's Mom tried working with him at night, but between her two jobs and other children, she did not have enough time to devote to Johnny's school work. Johnny was being passed from grade to grade with no improvement.

Johnny's mom did not know what to do. She did not want to lose Johnny in the shuffle of life and wanted him to go to college someday and live an ordinary life.

Johnny's mom finally became aware that she had a right to receive assistance free of charge from Johnny's school. Johnny's mother contacted a school official and requested help for Johnny. The official referred her to the person supervising children with special needs. The supervisor arranged for various tests involving Johnny's ability to see, hear, and read. The testing provided by the school district, showed that Johnny was deaf in one ear, and needed glasses. It was also confirmed that Johnny was several grade levels behind in crucial academic areas.

Johnny's Mom took Johnny to her health provider and obtained a prescription for glasses for Johnny to assist him. She then returned to the school.

Through many meetings with the school and a team of officials, including Johnny's teacher, a reading specialist, and others, the following services were provided to Johnny free of charge through a written plan called the Individualized Educational Plan (IEP). Johnny was moved to the front of the classroom in all his classes, a tutor was assigned to him to assist him in catching up in all academic areas in which he had difficulties, and a note taker was assigned to Johnny's class to assure he did not miss anything. Additionally, transportation to and from Johnny's tutoring was provided.

If Johnny had problems in other areas such as behavior, physical education, speech, hand-eye coordination, manipulating his hands to do such things as button clothes, pick up things, and so forth, he would also have been able to receive services such as speech therapy or occupational therapy.

Special education is much more than what is described above. However, one can see that help is available if problems exist. Special education rights are granted by both Federal and State law.
Your child's school should work with you if your child is having educational difficulties. If you want help, they should be approached to talk about it. If the school refuses to work with you or does not provide satisfactory assistance, you may need to seek out an advocate to assist you in your pursuit. Just remember, the law in this area is usually more on your side than the school's so you should not be intimidated. If you are unsure of your situation and whether the services the school
is offering are enough for your child, an outside expert should be consulted.

Ask MB LAW
Q: My son is up for expulsion from his school district. What are my rights?
A: You have many rights when it comes to the expulsion of your child. First, you have the right to be represented by an attorney at the expulsion hearing. You may also present witnesses, documents and evidence to the expulsion panel. Prior to the expulsion, you have the right to written notice of the facts and charges upon which the proposed expulsion is based. You may also inspect and obtain copies of all documents to be used at the hearing. Notice of these rights and many others are to be provided to you in writing at least 10 calendar days before the hearing.
It is strongly recommended that you seek legal representation when your child is up for expulsion as the effects of the expulsion hearing can be very far reaching. An expulsion will affect your child far into the future as it will be a permanent black mark on his/her record which could affect admission to college and will reflect on your child's character when applying to enter certain professions.

© 1998 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 5

EDUCATION LAW: WHAT IS IT?

Often when people are informed that The Law Office Of Michelle Ball practices mainly Education Law, a blank stare comes over their face. This is not because they are not intelligent, but rather is because Education Law is a very new and unique area of the law.

Many areas of law are extremely traditional, such as contract law, wills and trusts, and personal injury law. Education law encompasses these areas within itself, but it is unique in that the defendant is always a public or private educational entity, or an agent or employee of such an entity.

This does not mean that all schools, districts, or their employees are law breakers or are somehow inherently bad. If that were the case, no one would be sending their children to school. There is no doubt that there are many wonderful schools, law-abiding school districts, and happy, bright, educated students.

The Law Office Of Michelle Ball is there to make sure the schools do not go out of bounds. We make sure that the legal line which has been drawn in the sand by the federal and state legislatures and courts, is not crossed. We are, what one could call, the schools’ sometimes buried conscience.

Four years ago when The Law Office Of Michelle Ball was born, we focused on special education law. Now, we are bombarded by so many interesting and unique situations involving the schools, both public and private, that what we call ourselves Educational Law practitioners.

Our goal is actually to improve the whole gargantuan system that is our school system and to make sure it functions correctly and stays on its legal path. Parents should have a voice and should not be run over by bureaucracy. That is where we come in as we help parents and students assert their rights.

Parents call when they are not being listened to, when something just seems wrong with the treatment of their children, or when they just want to make sure what happened to their child does not happen to other children. We do what we can to make sure any legal violation is corrected as easily as possible.

We hope you have a little more understanding and liking for what we do to help parents and students. If you have any questions about our practice or Education Law, please contact us at 916-444-9064.

ASK MB LAW
Q: I want to be a special education advocate. How does one go about becoming one?
A: The fact that you want to be a special education advocate is admirable. It isn’t an easy cross to bear, but with the right determination and understanding of what it takes to be an advocate you should do just fine. Some qualities you will need to demonstrate are a strong interest in helping people, ability to hold your position, and willingness to confront the educational system
The law of special education is vast and complex, while constantly changing. It is important for you to be well versed in all the relevant federal and state laws, federal court rulings, administrative decisions, and other legal information. One does not necessarily have to be an attorney to assist parents and students, but having such a credential definitely assists in getting your points heard and addressed. If you have legal teeth and the power to pursue the schools at a hearing or in court, your case will be more easily won.

© 1999 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. I, Issue 6

SO YOU WANT TO SUE YOUR SCHOOL? WHAT IS YOUR FIRST HURDLE?

You find yourself in a disturbing situation. It appears that your (or your child's) school has committed an improper and maybe an illegal act. The situation is awful and all attempts to negotiate with the school have failed. What do you do?

If you are even remotely considering taking your school to court, you must assure you meet any relevant and applicable time limits. To do this, you must first determine if your school is public or private. If private, you will be under a set of laws not discussed in this article. If public, as in the school is part of your local school district, is a state or county school, or is a state post-educational facility such as the University of California or a community college, then be warned, there is a big hurdle and it is coming fast.

When you sue a public school, district, college, etc., what you are actually taking on is an agency of our government. They are funded primarily by the government and your tax dollars. Because of this, there are multiple laws that apply to them and limit their activities. These laws are what the Law Offices of Michelle Ball uses to advocate on behalf of wronged parents and students.

Anyone wanting to sue a government body should be aware of their state laws relating to time limits for bringing suit. In California, when suing any government agency a person will fall under a set of laws typically known as the Government Tort Claims Act. [A 'tort' is basically a wrong committed against another through breach of a legal duty].

This Act says that if you plan on suing a government body (also known as a public entity), BEFORE you file your paperwork with the courts, you must provide notice to the government body of your intent to sue. The notice should include, among other things, the claimant's name and address, the date and place of the incident forming the basis of the suit, the basic facts surrounding the incident, who caused the harm, and either the amount of damages (money) you are claiming is owed to you or which type of court has jurisdiction.

This information must be provided to the government body within SIX MONTHS FROM THE DATE OF INCIDENT! This is one quick time limit.

This means that if your child were injured at school in June, you would have to file this claim form by December. And, you must put all of the above and more into the claim form.

This is a significant time limit and you need to be aware of it. If you plan to sue on your child's behalf, do not delay in filing the claim form as your child's minority of age (under age 18) is no excuse with regard to this requirement.

When suing a government entity, you may want to seek out legal advice to assure you provide the necessary information in a timely manner. As it may be difficult to find an attorney, a person wishing to sue should get right to work in seeking out advice and should not stop until an attorney is found, as any slow or delay could harm their suit. This is why anyone who consults with the Law Office of Michelle Ball regarding a public entity gets a warning letter advising them of this time limit. It is very important to know this exists so a person can get right to work.

If you have missed your six-month window, all may not be lost as there are ways to petition the government body/public entity to accept a late claim, but that is a topic for another day . . .

ASK MB LAW
Q: Help! I have a complaint about how my daughter's teacher is treating her. What can I do?
A: You may want to speak with the teacher to request he or she change what they are doing. If the teacher will, great. However, if that does not work or this is not something which can be addressed with the teacher, you can request to meet with the Principal to discuss the matter. He or she will likely meet with you and the teacher, and perhaps your daughter, to talk about what happened and what would resolve your complaint quickly and easily.
If things do not work out there, then you should file a personnel complaint in writing with the school district and request to be notified in writing of the results of any investigation conducted.
Other avenues and tactics can also be tried but there are too many to be listed here! Good luck!

© 2000 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. II, Issue 1

WHAT RESOURCES ARE AVAILABLE WHEN I HAVE AN EDUCATION PROBLEM?

When a parent or student has a problem with their school, teacher, or other education body, they oftentimes do not know what resources are available to assist them in solving their problem. There are many agencies parents and students can utilize when a problem arise. The following are some that The Law Office of Michelle Ball uses and recommends to parents:

United States Department of Education
Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone: 415-486-5555
Fax: 415-486-5570

OCR is a branch of the U.S. Department of Education which investigates claims of discrimination in educational institutions, based on race, gender, disability, and other areas. Complaints regarding any school which receives federal funds can be filed with OCR and if OCR finds the claim actionable, they will investigate the incident, and demand and enforce corrective actions such as district-wide training, or hiring of new personnel.

Protection and Advocacy Inc. (PAI)
100 Howe Avenue, Ste. 185N
Sacramento, CA 95825
(916) 488-9950
1-800-776-5746

PAI is a federally mandated organization which advocates on behalf of both developmentally and mentally disabled individuals. They have several attorneys who take on select cases which impact many individuals. There are also law clerks available to speak with callers and answer questions regarding problems in educational and other institutions.

PAI also has a wonderful publication entitled Special Education Rights and Responsibilities which is a question and answer type book with answers to many special education questions. This book is strongly recommended for all parents dealing with the special education system.
California Commission on Teacher Credentialing (CTC)

1900 Capitol Avenue
Sacramento, CA 95814
(916) 445-0243

CTC is the licensing agency for California teachers. As such, CTC accepts and investigates complaints about teachers and has a form and affidavit which may be completed to report a problem with an individual teacher. If every parent with problems complained regarding a teacher to CTC, it would be easier to ensure justice is served and/or that a bad apple has their credential withdrawn.

Citizens Commission On Human Rights (CCHR)
717 K Street, second floor
Sacramento, CA 95814
(916) 554-7235

CCHR is a national advocacy group working hard to clean up the field of mental health, particularly psychiatry and psychology. Examples of what CCHR may be interested in, include a school or district telling parents they have to put their child on drugs for them to attend school, forcing a parent to receive unnecessary special education services, or schools becoming mental health centers as opposed to places of education.

Local School Districts/School Boards
Additionally, personnel complaints and the government claim form discussed in our last newsletter can be filed with your local educational institution.

Oftentimes the forms to complain may be confusing and an individual should seek legal counsel to assist with completing such if they are uncertain of how to document or prove a case. If a form is improperly filled out, the matter may not be pursued quickly or at all. Taking time to contact the appropriate agency and complete the forms correctly is time well spent.

ASK MB LAW
Q: Can a public school make the wearing of uniforms mandatory? What punishment can be meted out if a uniform is not worn and the parent has not signed a form excusing their child from the uniform requirement?

A: Pursuant to California Education Code section 35183, school districts may adopt dress code policies requiring students to wear uniforms. The purpose of this law is to prevent gang activity and the need to identify ever-changing gang clothing. Parents should be provided with the option to opt out of the uniform requirement which means their children can wear regular clothes to school despite other children wearing uniforms. If parents opt out of the uniform requirement, their children cannot be punished for not wearing uniforms per se.

However, if a parent does not opt out of the uniform requirement and thereby agrees to have their child wear uniforms, their child must wear a uniform every day unless excused by the school/district. Additionally, children may be punished for failing to wear their uniform and such punishment should be outlined in the school district policies.

© 2000 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. III, Issue 2

AREAS WHERE WE HELP PARENTS AND STUDENTS

As you may know, The Law Office of Michelle Ball represents parents and students against a wide range of educational entities, including public school districts, private schools, colleges, and universities.

But, because the average individual does not really know what ‘education law’ means or what a typical matter involves, we wanted to give you a few examples of common situations that we handle.

Special Education Eligibility: a parent has a student with a disability and feels that child needs extra help at school, but the school refuses to assess or acknowledge the disability. We can help get the assessment process rolling and give you an outside opinion on eligibility.

Expulsion: a student is placed up for expulsion for whatever reason. We represent parents at expulsion hearings and expulsion appeals. We may also be able to negotiate an agreement with the District which can stop the hearing altogether.

Suspension: If you disagree with a suspension, we can attempt to stop the suspension and/or can help with removing the suspension from your child’s records.

Attendance: If you are referred to the School Attendance Review Board (SARB) board, we can advise you on what will happen and can file documents with the Board to assist in any hearing.

Extra Services: If your child qualifies (which is the first hurdle), we can assist you in obtaining a gamut of related services through the District at no expense to yourself, including speech and language services (to address speech or auditory processing problems), occupational therapy services (addresses fine motor problems such as problems writing, tying a shoe, buttoning, etc.), tutoring in areas of need (English, math, etc.), adaptive physical education (for gross motor problems- running, skipping, jumping, etc.), and other services necessary for your child to succeed educationally.

Discrimination: We can assist parents in filing complaints with appropriate agencies to complain about apparent discrimination based on disability, race, and other protected classifications.

Privacy: We can assist a parent to file a complaint regarding failure to protect a student’s privacy rights, such as when a District improperly discloses confidential student records.

Harassment: If a student is being harassed, we can address the situation with the District and/or school and put them on notice of what will happen if they do not protect the student being harassed.

These are just a few examples of areas with which we assist parents and students.
The field of Education Law is very interesting and exciting, and presents a lot of challenges. When a parent is taking on the monster we call the educational system, they are well served to have an attorney assist them. Merely having an attorney on your side can get the District’s attention to say the least. When you have problems with schools and school districts, call someone who specializes in this unique area. After all, our children are the most important factor in our lives and they deserve a productive education and a fighting chance.

Ask MB LAW
Q: Can my child get in trouble for bringing a knife to school? What about a Swiss Army Knife?
A: Schools are heavily regulated as far as what can be brought on campus. One class of prohibited items includes weapons, such as guns and knives.

If a student brings any knife to school they can be suspended or recommended for expulsion, unless they have prior written consent from a certificated employee and the principal or the principal’s designated agent. A knife includes a folding knife with a locking blade, a razor, a weapon with a blade longer than 3 1⁄2 inches, and other similar items.

There may be one argument however against a mandatory expulsion recommendation with a Swiss Army Knife, if the knife has a reasonable use for the student. However, we would strongly advise against tempting fate and would tell your child to leave their Swiss Army Knife at home.

© 2001 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. III, Issue 3

SEXUAL HARASSMENT AT SCHOOL: WHAT CAN A PARENT DO?

Sexual harassment is usually thought of in the workplace, but it does not just happen there. It can happen in the classroom, or anywhere on a school campus or at a school-related activity. It can be student to student or school personnel to student, and may even involve your child’s teacher.
But what is sexual harassment and what can a student or parent do to stop or prevent sexual harassment?

Sexual harassment is a nebulous concept and a very broad topic for this short article. There are many requirements and this article is written to give you some idea of what MAY be sexual harassment and what a parent or student should do if they suspect sexual harassment. Each situation must be examined and many laws apply to whether someone actually has a sexual harassment case.

Sexual harassment may be verbal, physical, environmental, or may exist in some other form. If verbal, the statements/comments made generally must be persistent, severe, or pervasive, and must be of a sexual nature. Harassment may also be of a physical nature, and can involve grabbing, pinching, touching, kissing, sexual gestures, or other conduct. Or, the environment could be sexually harassing, such as through sexually explicit photographs, calendars, references, or other form of communication. Generally, the conduct also has to be affecting the student’s education environment and interfering with their access to that educational environment.

If you suspect actions involving your child may be sexual harassment, the first thing you should do is contact an attorney specializing in education and/or sexual harassment law to evaluate what should be done. They will advise you on what steps to take and time limits. Further steps would likely involve contacting the school district to lodge a complaint and possibly court action.

Sometimes parents contact the school prior to contacting an attorney. If this is the case, a verbal complaint should ALWAYS be followed up with a written complaint. DOCUMENTING the situation and documenting each time the school personnel are notified of the situation is key to future action and to proving the school has knowledge of the situation.

Once the school is put on notice of the situation, they should investigate. If they verify sexual harassment is occurring, they must take action and do something about it.

Solutions to handling sexual harassment may be very simple, such as disciplining the student or teacher involved, adding supervision, arranging a meeting between all parties, or even expulsion of the offender. Ways to address the situation are limitless.

Meanwhile, if the school is not working to resolve the matter, a parent must seek out an attorney to discuss their potential case. They should also contact appropriate agencies to file complaints against the school.

Time limits are very fast in this situation, and an initial claim form is due within 180 days. Other complaints are also due quickly, and possibly even prior to 180 days.

Ultimately, the first step is knowing about any harassment that may be occurring, so talk to your kids. Review the District sexual harassment policy with them and find out what has been going on at school, and if any harassment situation might exist. If you become aware of possible sexual harassment, notify school personnel immediately.

Know what is occurring and do something about it. If you do not, someone you love could get hurt.

ASK MB LAW
Q: My son was stopped and questioned by a vice-principal regarding an alleged crime he committed. Is this proper?

A: The California Supreme Court recently handed down a decision entitled People v. Randy G. which discussed this very issue. Their decision does not bode well for your son.

In Randy G., the Supreme Court ultimately held that a minor student may be stopped by school officials in order to ask questions or conduct an investigation so long as such authority is not exercised in an arbitrary, capricious, or harassing manner. What this means in laymen’s terms is that your son can be stopped unless you can prove the school personnel are stopping him to harass him or their stop was based on whim, fancy, or was capricious. School officials are given great power as they supervise students in a limited environment. As such, the students have more limited rights than someone outside the school environment.

© 2001 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IV, Issue 1

SUSPENSIONS: THE BASIC FACTS

The Law Office of Michelle Ball receives many calls from parents who disagree with a suspension imposed on their child. Unfortunately, suspensions are on the increase, and are at the discretion of the school to impose. This article summarizes the bases for suspension along with some basics you should know.

Your child may be suspended (or even placed up for expulsion) for any of the following:
1) Caused/attempted/threatened/aided/abetted (urged on) physical injury.
2) Possession/sale/furnishing of a firearm, knife, or explosive.
3) Possession/use/sale/furnishing/offering/arranging sale of a controlled substance, alcohol, intoxicant, drug paraphernalia and/or representing something as such substance.
4) Commission or attempt to commit robbery, extortion, theft, or knowingly receiving stolen property.
5) Possessed or used tobacco products.
6) Obscene act or habitual profanity/vulgarity.
7) Disruption or willful defiance.
8) Possession of an imitation firearm.
9) Committed or attempted sexual assault, sexual battery, or sexual harassment.
10) Harassment of a witness in a school proceeding for purpose of stopping testimony.
11) Causing/threatening/attempting hate violence.
12) Harassment of a student which creates an intimidating or hostile educational environment.
13) Terroristic threats against school officials or property.

School personnel may decide to suspend or not suspend at their discretion.
A student has the right to an informal conference with school officials prior to suspension unless an emergency situation exists. School personnel are also required to make a reasonable effort to contact the parent when a suspension is imposed. They must then provide or forward written notice of the suspension.

The length of the suspension for an individual incident may vary from 1 to 5 days and a student may be suspended for a total of 20 days during a school year. If the student is a special education student, they may only be suspended 10 days before other placement arrangements are made. The Education Code encourages alternatives to suspension and a parent would be wise to request other means of correction be applied prior to suspension.

Additionally, if a student is placed up for expulsion, they may be suspended until the expulsion hearing takes place, but only if certain findings are made.

If a suspension issue arises, contacting an education law attorney is strongly recommended to ensure your legal rights are protected.

ASK MB LAW
Q: I want to appeal a suspension my son received. What should I do?

A: The best shot you have at appealing a suspension is to hire an education attorney. Districts’ rarely work with parents to remove suspensions. The only possible way this will be resolved is with legal assistance.

With an attorney you can force the District to stand up and take notice of your demands. The District may even have to pay their own attorney just to defend your legal appeal.

General attorneys do not specialize in Education Law issues. As such, you would be best served by hiring an Education Law specialist, such as The Law Office of Michelle Ball, to maximize your chances of success.

© 2002 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IV, Issue 2

THE IMPORTANCE OF REVIEWING AND CORRECTING STUDENT RECORDS

Do you know what your public or private school is putting into your child’s school files? Should you care? Do you have a right to review and/or protest the records being made? What happens if there are false reports in your child’s file? What are your rights?

These are all very good questions and a parent SHOULD be concerned with student files because they follow a pupil year-to-year, and school-to-school. If these files contain false allegations, inaccurate comments, or misleading reports, a parent should get these removed.

The first step in determining what the files contain is to review them. Periodically, you should make a request to your school and district to review your child’s files. You have a right under Education Code section 49069 to receive copies of, or to inspect and review your child’s educational records, within 5 business days of any request you make.

To ensure your request is honored promptly, it is strongly advised that you put your request in writing and keep a copy. Also, your request must be broad enough to obtain all records regarding your child. Generally, if you just request ‘school files,’ the school/district will only provide the cumulative file, which contains general education records, such as immunization records, attendance records, etc. It is recommended that you make a more specific request that covers all possible records. Files requested can include cumulative, special education, discipline, computer, confidential, teacher, or other records.

Parents have an ‘absolute right of access,’ to student records pursuant to section 49069. A foster agency with jurisdiction over a pupil may also have access to certain records, as well as certain entities outlined in the Education Code, and someone with a judicial order. Additionally, you may give written permission to anyone you want to access your child’s records, including an attorney.
A district/school may charge you the actual cost of providing copies of student records. However, they may not charge you for searching or retrieving pupil records.

If you find something in the records that is false, misleading, inaccurate, an unsubstantiated personal conclusion or inference, not based on personal observation of the person reporting, or which sets forth a conclusion or inference outside the area of competence of the person reporting, you may challenge the content of the record(s). Such challenge is filed with the school district superintendent. Appeals of any denial go to the federal government or possibly court.

It is important that your child’s records do not contain false or misleading information as this information can be used against him or her in the future. Upon review, it is sometimes surprising what is to be found in school records.

Sadly, numerous parents’ report to our office that they have been ignored in their requests for records in the past. If you need assistance with obtaining copies or challenging the content of records, it can help tremendously to work with an education law attorney. Such attorneys, like the Law Office of Michelle Ball, tend to get quicker responses and more cooperation from school districts.

Ask MB Law

Q: Why is the school not protecting my son? I have complained regarding my son being abused at school, but nothing is being done. What do you suggest?

A: One of the basics of reporting complaints or wrongdoings to schools is to PUT YOUR COMPLAINT IN WRITING. Write the FACTS down and send them to the District. Who exactly you should send your complaint to may vary, but the Board of Education and Superintendent are always good bets.
Oftentimes parents complain verbally, and later when they try to prove they complained, there is no proof but their testimony. Creating a paper trail is vital to moving on to court and to getting your matter resolved. The District is much more likely to respond to a written complaint than to a verbal one.

© 2002 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. IV, Issue 3

EXPULSIONS: THE URGENT NEED TO BE REPRESENTED

More than ever, student behavior at school is being questioned and addressed in an extreme way, with a recommendation for expulsion. Expulsions are on the rise, and the situations which lead to such a recommendation are often laughable, but can result in expulsion nonetheless. This is why all parents must be aware of what can lead to an expulsion recommendation, and what they should do.

Earlier this year, The Law Office of Michelle Ball sent out a newsletter outlining actions for which a student can be suspended. These included bringing a weapon to school, theft, sexual harassment, and all the usual matters. However, they also include disruption of the school environment, threats, profanity, and other less dramatic acts. These same situations can also result in an expulsion recommendation.

The first thing any parent should do in an expulsion situation is SEEK LEGAL ADVICE AND HIRE AN ATTORNEY TO ASSIST. Expulsions make up approximately 50% of the cases that The Law Office of Michelle Ball handles, and the legal assistance is warranted. Often, parents do not understand what an expulsion means, what their rights are, or the effect an expulsion will have on their child. Having an attorney can give a parent a distinct advantage. As such, a parent MUST seek legal counsel and advice.

Why should a parent worry about an expulsion? Because it is a permanent mark on your child’s record which may come up when they enter a university, or if they try to enter various professions, including law, civil service, and the military. Additionally, if your son or daughter is expelled, they will be removed from the regular school environment for 1-2 semesters. Then, if they do not meet the requirements of the school board imposed “Rehabilitation Plan,” they may never return to that District. They instead will attend the local continuation school, or if they are lucky, a parent may find a private school or neighboring district to take them in (usually unlikely).

Many parents think that they can just walk in and win an expulsion hearing. Unfortunately, this is not the case. The hearing is in front of school district employees, who, in our experience, already have their minds made up.

When an education attorney gets involved, they can order student records, can review the files for procedural errors which may make the expulsion invalid, can gather witness statements, and can negotiate with the District and/or their attorney to reach the best possible resolution. Sometimes, the attorney can get the expulsion dismissed altogether or overturned on appeal.
Volumes could be written on how to approach an expulsion.

Some of the situations today which could lead to expulsion would stun the average parent. For example, a student may be placed up for expulsion for saying something which their school or another student misconstrues as a threat. Or, they can be placed up for expulsion for class disruption- e.g. talking out of turn, or swearing. There have been cases too bizarre to mention brought to the attention of The Law Office of Michelle Ball, and we feel for all families involved. Our best advice is to seek legal counsel immediately. A parent cannot just let this pass or trust their district to do the “right thing.”

An expulsion will affect your child’s future, so handle it right, and hire an attorney to protect your child’s rights. There are enough people against you—you need someone on your side.

Ask MB Law

Q: I heard about a case regarding the rights of students involved with extracurricular activities? What does this have to do with my daughter, who is in the Debate Club?

A: There was a major decision this year by the United States Supreme Court, Board of Education of Pottowotomie County v. Earls, 122 S. Ct. 2559. In this case, the highest court in the United States approved a school district policy requiring random drug testing as a condition of being involved in competitive extracurricular activities. Prior cases had limited such policies to students in competitive sports.

What this means in English is that your District can now adopt a policy requiring your child submit to a drug test prior to joining an extracurricular activity which competes, such as band, cheerleading and even Debate. However your District has to adopt such a rule prior to enforcing it on your daughter. Check your Board of Education policies.

© 2002 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. V, Issue 2

MORE AGENCIES WHICH CAN HELP YOU FIGHT ABUSE

One of the most popular newsletters The Law Office of Michelle Ball has ever written was on agencies where parents and students can file complaints. This article follows up with MORE agencies which might be useful to you!

Family Policy Compliance Office (FPCO)
United States Department of Education (USDOE)
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
(202) 260-3887
www.ed.gov/offices/om/fpco

This branch of the USDOE takes complaints concerning false or misleading records in a student’s educational files. If a District or school will not correct or remove records from a student’s files, FPCO will investigate and can obtain removal of false or misleading records.

Bureau for Private Postsecondary and Vocational Education
P. O. Box 980818
West Sacramento, CA 95798-0818
(916) 445-3427
www.bppve.ca.gov

This agency takes complaints regarding adult trade schools, vocational educational institutions, etc. and investigates alleged legal violations. For example, if you attended a trade school to obtain a computer programming degree, and that school took your money and did not deliver the program, or delivered a substandard program, a complaint with this Bureau might be in order.

Your County Grand Jury
Any County, California
(check your phone book)

Every county has a grand jury. Grand juries investigate complaints involving improper treatment by officials, along with misconduct by county or city agencies, including public schools. Allegations investigated cover a wide variety of conduct, including misappropriation, improper bidding, abuse by an official, and other improper actions. It may behoove a parent or student to file a complaint with their local grand jury if there is something awry in a public school or school district.

State Department of Education
Procedural Safeguards
P. O. Box 944272
Sacramento, CA 94244-2720
1-800-926-0648

If you have a special education child and a school district is not obeying the rules and regulations regarding special education, you could try filing a complaint with this unit, which investigates legal violations in the special education arena.

There are many options available to parents and the first thing to do when you have a problem with your school is to take action: file complaints, seek legal advice, and educate yourself on your rights.

ASK MB LAW
Q: My daughter’s cheerleading advisor has targeted her in a negative manner. She has gotten away with this before with other students who have resigned from cheer. My daughter is thinking of quitting, but we do not think she should have to quit. What can we do?
A: Sometimes a situation is encountered where there is a longstanding problem with an advisor (or teacher). Oftentimes, parents’ think the only remedy is to remove their child from the activity. However, this does not fix the problem as the advisor is still there, getting away with abuse. In fact, it may worsen the situation as the advisor may now think they were correct in their actions.
You should first attempt to approach the advisor with your daughter’s complaints. You should attempt to get the advisor’s side of the story and to reconcile the situation. If this does not work, bring your complaints to the next in command, such as the athletic director. Then, keep going up the chain of command until you get your problem remedied. Meanwhile, document everything that is happening. Having an attorney is also advisable to ensure the situation is addressed properly.

© 2003 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. V, Issue 3

REASONABLE ACCOMMODATIONS: THE KEY TO A BETTER EDUCATION

There is a very important law relevant to students with disabilities attending schools which receive federal funding (generally all public schools). This law is generally referred to as “Section 504.” It is a VERY powerful law which most parents either do not know about or do not understand.

When a student does not necessarily qualify for special education, but they do suffer from a disability which interferes with their education, they should qualify for a “504 Plan.” This Plan lays out specific “reasonable accommodations” which will be made for the student. What is reasonable depends upon the situation and the student. Generally, reasonable accommodations are those which will not cost the school a large amount of money and resources. For example, assigning a one-on-one aide would not necessarily be a reasonable accommodation, but allowing for extra time on tests would be.

To bring understanding of what Section 504 can assist with, some examples will help:

Example #1:
Mary is a 14-year-old with Diabetes. She needs multiple insulin shots per day, and needs to wear a blood sugar monitor. When her blood sugar goes too high or too low, she may appear groggy, drunk, may not be able to pay attention, or may even faint. The school has a policy that all medication must be kept in the office and that no student may carry medicine on their person. Mary needs her insulin with her.

To remedy this, Mary’s parent may request a 504 meeting to develop a “504 Plan” to address this situation. In this plan, which may be on a pre-printed form or written from scratch, the parent may ensure provisions regarding Mary’s needs are developed. Mary’s plan might address the fact that Mary can carry her insulin, might list protocol to follow if Mary exhibits signs of high/low blood sugar, may assign times when Mary can eat a snack to address blood sugar needs, may provide for extra time on tests, and other accommodations. With such a plan reviewed and understood by Mary’s teachers, Mary will function much better in school, and should not be penalized for disability-related conduct.

Example #2:
John has a permanently injured leg. His 504 Plan can address physical accommodations, including the fact John will not be penalized for being tardy, will not be required to meet the general physical education requirements, and will be assigned a special seat in class and on the bus for easy access. With these simple accommodations in place, John will have a much better school experience. Otherwise, he might be labeled a “truant” if he were late more than 3 times, or he could be forced to struggle to the back of the bus and could be injured.

In life, as with 504, it is often the little things which make the difference.

If a school district refuses to hold a 504 Meeting, develop a 504 Plan, or implement a 504 Plan for a student who has a bona fide disability, they can get in trouble for discrimination. Section 504 is a federal law and is enforced by the United States Department of Education, Office for Civil Rights.
The Law Office of Michelle Ball has helped many parents in obtaining appropriate 504 Plans. Oftentimes parents do not know what to ask for, or the District will not provide the 504 plan, or will not follow it. That is where this office comes in. We can help from the start, or help along the way. Regardless, your child’s future can hinge on this simple plan. Make sure you get this done properly, and the years ahead will be much smoother. Then your child will not fall behind due to disability-related situations which could easily be handled in advance.

Ask MB Law

Q: I want to go visit my son’s classroom. Can I just show up and go in?

A: Generally, to visit a child’s classroom, certain procedures are followed. They usually involve signing in at the school office and obtaining a pass to be on campus. You may also be required to schedule your visit in advance to minimize disruption.

If you do not follow the procedures, you may be escorted off campus and/or the police could even be called. The formalities are ultimately to protect our children, so do not take it personally, just follow the school/district procedures to ensure a smooth transition.

If you want to volunteer in the classroom, coordinate with the teacher in charge on what days/times your help is most needed to maximize benefit and minimize disruption for all concerned. Most schools allow liberal access by parents who want to see their child’s classroom, and welcome parent assistance. Check with your school handbook and/or the school secretary regarding your school’s rules.

© 2003 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VI, Issue 1

HOT TIPS IN DEALING WITH SCHOOLS

Parents place their trust in the school system, to educate and protect their children. However, in today’s world, it is more important than ever that parents keep a sharp eye on the educational environment.

Below are some tips for dealing with the schools. Knowing and applying the suggestions will help a parent become more in control of their child’s education, and will assist in solving problems that develop.

TIP #1: BE AWARE & OBSERVE
The first thing a parent must do is to be an active observer of the school setting. They should observe the comings and goings when they are at school. They should keep an eye on who their children associate with, and should also note which school officials are visible on campus. Parents should also deputize their children to inform them daily of what goes on at school, of new developments, and of any unusual activities observed.

A sharp eye is the best tool to detect a problem at school. For example, if your son reports to you that his group of friends has recently all been suspended on various charges, this may raise a warning bell. A parent would be wise to get all the details and determine if their son just has a rebellious group of friends, or if his group is being targeted for some other reason. The first step is to keep your eyes and ears open and to just plain know what is happening on campus.

TIP #2: COMMUNICATE
Parents should also be sure to actively communicate, both with their children, and with school personnel. Communication is the KEY to resolving problems at school, and to even being aware they exist in the first place. Ask your children questions. Read the handouts, policies, and other documentation they bring home with them. Get to know their teachers, and the office staff. Being friendly, respectful, and helpful in your communications is also wise. The first step is to get to know who is in control of your children, and to ensure school personnel know you and will contact you if something is awry.

Many schools have email for their personnel, and also post information on the web regarding assignments, upcoming events, and school policies. It is important to monitor these communications and to keep up to date on any changes.

TIP #3: KEEP RECORDS
When your son or daughter comes home with a complaint, or even just an item of interest, note it down in a separate notebook. Ensure you note all relevant details, including what occurred, the date, and the names of persons involved. Also, take notes when you speak with school personnel. A record of conversations, activities, and developments can be extremely valuable.

TIP #4: KNOW YOUR OPTIONS
A parent should know their options in dealing with a school problem. These options vary widely, from calling the school, to filing a formal complaint with the school board. Review of school policies, state laws, and educational websites can be very useful. Consulting an education law attorney when there is a problem is VITAL.

Parents and students have many rights. However, an unexercised right will help no one. Thus, a parent MUST get educated, if only to understand the legal standards and what to do next. The more a parent knows, the better able he or she will be to solve problems which arise.

ASK MB LAW

Q: My daughter was suspended a few days ago, and now the school has told me that there is a “pre-expulsion” meeting being scheduled tomorrow. What is this meeting? Is this the expulsion hearing?

A: If school personnel determine that the act for which your daughter was suspended warrants expulsion, they will recommend an expulsion hearing be scheduled within 30 days. If they wish to keep your daughter off campus until the official expulsion hearing is held, they will arrange a “pre-expulsion” meeting. This is NOT the expulsion hearing.

The purpose of the “pre-expulsion” meeting is to determine if the presence of your daughter on campus would present a danger to persons or property, or would threaten to disrupt the educational process. If so, she can be kept off campus until the expulsion hearing is complete and the school board renders its final decision.

© 2004 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VI, Issue 2

WAR STORIES FROM THE FRONT LINES OR WHY YOU SHOULD HIRE AN EDUCATION LAW ATTORNEY

A parent may wonder just why they need an education law attorney to deal with something as basic as their local school system. Most parents think schools today are the same as the schools of their youths. They are not. Below are some situations which can and do occur in the public schools.

Johnny is pulled into the vice principal’s office. He is told that he has to answer a few questions. Johnny has been taught to respect authority and to answer an adult honestly. After a couple hours of “questions,” he is released into the custody of the local police. His mother is then called and told that her son is being expelled and is on his way to a juvenile detention facility.

Billy, a sixth grader, is followed around by security personnel who note down every little thing he does. This results in numerous referrals, suspensions, and other discipline. Eventually Billy is involuntarily transferred to the local continuation school, where he receives an education with which his parents do not agree.

Parent Ms. Jones is told repeatedly by school employees that she should put her daughter on psychotropic drugs. Eventually she is told that her daughter will not be allowed to return to school until she does. When Ms. Jones continues to assert her right to make all medical decisions concerning her daughter, the school sends Child Protective Services out to her home.

Mr. Brown requests his son’s records and these are never provided. He is told they are confidential and will not be disclosed. Later it turns out that the records include false and misleading statements about his son.

Ms. Smith complains regarding a group of students harassing her daughter. Nothing is done. Later, she is informed by a frantic teacher that her daughter has been beaten into an unconscious state.
The stories go on and on and on.

Since 1995 the Law Office of Michelle Ball has been advocating for students. We have heard it all. In fact, what we hear daily would shock the average parent.

It is horrifying for a law abiding parent to discover that honesty may not have been the best policy, as it led to their child’s expulsion. Or, for a parent to learn that their son should not actually have been excluded from school as he was the subject of illegal targeting and harassment.

The bottom line is that every parent must know their legal rights and should have an attorney in their back pocket to deal with the schools. Never forget that the public schools ARE the government and that they have great power and influence over our children’s lives and futures. Parents have powers too, including the power to use the law to their benefit and to fight back.

Have someone on your side. The schools have thousands of employees on their side, shouldn’t you have at least one?

ASK MB LAW

Q: I want to monitor my local school board, as I may become a member soon. What are my rights?

A: Access to public boards is regulated by the Brown Act. This act sets forth protections to ensure that public boards provide proper notice, and that the majority of their meetings may be accessed by the public. You have a right to attend school board meetings and to address the board. You also have the right to tape record, or even videotape, the public portion of the meeting.

It is a great idea to become a board member. School boards are the top dogs in local school districts and can create negative or positive changes for the district they represent. If a parent has a problem, they may want to become part of the solution by becoming a board member or bringing concerns to the school board.
All names and situations are fictional and for the purpose of example only.

© 2004 Michelle Ball
Disclaimer: This Newsletter deals with laws applicable in California. Applicable laws in other states may be different than listed within this Newsletter. Any expression of opinion given in this Newsletter is not a substitute for legal advice; nor can it be relied on as providing a definitive answer to a problem. Statements in this Newsletter are statements of opinion only and should not be found to be conclusive legal advice. Seeking legal advice on problems you are encountering is strongly and definitely recommended in all situations.

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Vol. VI, Issue 3

A PARENT’S LITTLE HELPER: THE IMPORTANCE OF DUE PROCESS MEDIATION

Parents of special education children have many difficulties with the public schools. One way to solve those problems is to request a due process hearing, which may be preceded by a very valuable mediation process.

A due process hearing is an administrative procedure (not a court action) to resolve a special education dispute. Opting for pre-hearing mediation may be wise, as a dispute can be resolved without the necessity, or expense, of a full-blown hearing.

The basics can best be understood by example: Jane is a student with severe disabilities. She is, however, very bright. Her disabilities translate into communication and writing difficulties.

When she first entered the public schools, Jane’s disabilities were not yet diagnosed, and she was placed into a regular classroom. Although she spoke well, she was unable to complete tests or homework in the usual time, or with the usual amount of effort. Jane’s parents eventually had her assessed by the school district.

Jane qualified for special education. She was moved to a “non-public school” with special children and teachers. By the end of her first year, it was evident that the school was not an appropriate place for Jane. The district moved her to another school, but she still was falling behind.

Jane’s parents sought out an independent assessor, and had Jane evaluated. The district balked at the expert’s recommendation that Jane be placed in a regular classroom with a full time specially-trained aide, and that she receive 3 hours per week of occupational therapy.

After several sleepless nights, Jane’s parents sought out an attorney and requested a due process hearing. Rather than proceed directly to hearing, they opted to attempt mediation first. Although their attorney encouraged them, Jane’s parents did not have much hope of reaching resolution.

On the mediation date, Jane’s parents, their attorney, district representatives, and the mediator all met at the district. After both sides summarized their concerns, the parties were split up into different rooms. For the rest of the day the mediator diligently went back and forth between the district and Jane’s family attempting to find points of agreement and to settle the case.

By the end of the fourth hour, the district agreed to place Jane back in her home school and to provide 1 hour of occupational therapy per week. By the fifth hour, Jane’s mother was very upset and was ready to go home as everything seemed to be falling apart. By the sixth hour, miraculously, an agreement was reached. Jane would return to a regular classroom, would receive 2 hours per week of occupational therapy, and would have a one-on-one aide during her core classes.

Both the district and Jane’s family were happy about the resolution. Jane’s family also knew that if the agreed placement did not work out, they could come back to the table.

Although simplified, this is often what occurs at a due process mediation. It can be a very positive experience. THE LAW OFFICES OF MICHELLE BALL has been very successful in resolving special education disputes at many levels, including at due process mediation. Do not fail to exercise your right to request due process when the time is right. Your child’s future depends on it.

ASK MB LAW

Q: My son was brought into the principal’s office and questioned without me, the parent, being present. Is this legal?

A: Yes. School officials can interview students, can question them, and can ask them to write statements about events which occurred. They can even release your son to the police, and call you afterwards.
You should discuss with your children what they should do if they are ever called into the office. For example, they should ask to call their parent before proceeding. They may also want to request another individual whom they trust at school be present, such as their counselor. You can also put