Category: Ed 49000s

Student grade appeals can be filed

How To Appeal A Student’s Grade In California

Do you know a student who received an “F” when they should have gotten a “C?” Was the student graded down for discriminatory reasons? Maybe the teacher “lost” the student’s assignments, which lowered their grade? Or, did the teacher fail to provide 504 or special education accommodations which then dropped

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Students Must Now Be Reported To Police For Homicidal Communications

School officials are mandated to report some students to the police already. However, a new California law now mandates students must be reported for writings, pictures, art, journal entries and other depictions or communications, which could evidence homicidal intent. Watching students’ every communication, assignment, scribble, picture and otherwise, to see

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Parents Right To Witness Statements Used In Student Discipline

Far too frequently, I hear from public school parents that a school will not cough up witness statements used to suspend a student. Is this legal or not? Documents used to discipline a student are typically considered student records of that student, which their parent must be given upon request.

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Parents may file response to student discipline

Parents Right To Add A Discipline Response To Student Records

If your child receives school discipline, should parents respond or do anything? What if it is only a minor student punishment? Does responding to suspensions or detentions really matter? Yes. California law gives parents the legal right to provide a response to “any disciplinary action,” which will become part of

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Adult student records rights

Parents Right To Education Records Of Adult Or College Student

Parents hold the rights to access student records most of their child’s education. But what happens when a student turns 18 or enters college? Do parents lose all rights to access the student’s education and school records? Maybe not. Records Rights Until 18 or Entering College Up until a student

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Medical Marijuana And School Discipline

In 2020, students were granted the right to have medical marijuana administered to them in school by their parent or guardian IF formally authorized by their school district.  The circumstances surrounding medical marijuana at school can be confusing, and if the law is not followed properly, could lead to student

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Parents need to know student expulsion rights

Know Your Rights In School Expulsions: Five Key Rights

School expulsion hearings are horrific for parents due to the suddenness and shock of the student’s situation (“expulsion- what?!”), and the lack of experience most parents have in the student expulsion hearing process.  Top this off with school administrators who may tell parents that, “The hearing panel will understand,” (when

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Parents Right To Prompt Copies Of Student Records

By Michelle Ball, California Education Attorney for Students since 1995 School records created by a public or private school or school district can be mysterious. Many parents never see their child’s full student record or think about what may be lurking in them.  One way to end the mystery is

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Seclusion and restraint of students is illegal

Restraint And Seclusion Illegal For School Punishment

In California public schools, “Hands off!” should be the motto for school staff.  There are so many minefields involving interaction between staff and students that this is the best policy.  One issue which may come up with an unruly child, or a student who the staff cannot handle competently, is

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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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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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