Author: Michelle Ball

School suspensions may be appealed for students

How To Appeal A California School Suspension

School Suspensions are devastating to the student and family. Are they appealable? Can they be removed from the student’s records? What steps does a parent take to overturn a suspension? The Suspension Scene: A Parent’s Confusion The phone rings- and it’s your kid’s school.  First thoughts: “Oh no, is something

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school hate violence punishment and discipline

Suspension or Expulsion for School Hate Violence

Parents every day face suspensions of students for a myriad of reasons, some legitimate and some not so legitimate.  One section I see infrequently used by schools is California Education Code §48900.3, which allows suspension or expulsion for “hate violence.”  This could be good or bad depending on who you represent.  Hate

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School Expulsions Still Have To Be Held Over Summer Break

Have you ever wondered if a student can escape expulsion if he or she does something wrong just before school summer vacation?  Maybe the student can skate by and the discipline will be forgotten?  Maybe, maybe not. But, if school districts do not provide timely expulsion hearings over the summer,

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University policies matter to student disputes

College Policies Are Key When Disputes Arise

If a postsecondary student has a complaint involving a college or university, or is facing a suspension, expulsion, academic, grade, or other hearing, a college’s written policies are key to successful resolution of any issues. Such policies often limit or mandate a college to act and a student can use

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School Offenses For Which Student Expulsion Is Not Mandatory

By Michelle Ball, California Education Attorney for Students since 1995 Sometimes, school discipline means a detention. Other times it may mean student expulsion moves forward. Which offenses are discretionary expulsion offenses (meaning the school did not have to recommend expulsion at all)? Expulsion May Not Always Be Mandatory When a

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Students Have A Right To Have Expulsion Witnesses Subpoenaed

School expulsions happen frequently and suddenly to unsuspecting students and families. Skillful handling can mean the difference between an expulsion issuing and a finding of innocence. There are many rights parents and students have during the expulsion hearing process.  One of these is the right to request subpoenas be issued

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Corporal Punishment Of Students Is Illegal in California

School staff or teachers willfully inflicting physical pain to students is considered “corporal punishment.” Such actions are prohibited in California unless certain exceptions exist.   Education Code Section Prohibits Corporal Punishment In California Education Code section 49001, “Corporal Punishment” is prohibited by law. Corporal Punishment is defined as: “willful infliction

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Did You Know- Schools Can’t Force Parents To Drug Students?

Under both California and federal law, schools CANNOT make drugging students a condition of kids attending school.  This means that if a student is alleged to have “behavior issues” there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often

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When A Student Says School Staff Are Abusive- Investigate It

Has a student or your child told you they are being hurt or excessively punished by school staff?  Do they complain about being targeted in class or being excluded by the teacher?  Don’t just brush their reports away. Investigate. Who Do Parents Believe? Students Or The School? Parents know their

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Twelve Things Parents Can Do To Stop Bullying

The “New York Times” previously reported on an attack of a Philadelphia boy on the way home from school by 7 youths.  The boy was beaten by a group and then left hanging from a high fence.  Prior to that, the student had been kicked, dragged, punched, and placed upside

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Disclaimer

This blog contains legal information not legal advice.  Any information on this site or in any article/blog may not reflect the current state of the law.  No attorney client relationship is formed by reading information on this site.  The Law Office of Michelle Ball operates solely in California, USA and information on this site may not be valid outside California.  Full disclaimers can be found here and should be reviewed in full.

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