Category: penal code

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Can Students Get Permission To Have Dangerous Objects?

Typically, any student who has a weapon, knife, or dangerous object at school will be placed up for expulsion or suspension. However, there is an odd, and unique exception written into the California Education Code, where maybe, sometimes, students may possess dangerous objects with written permission. **Caution needs to be

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Students Can Deny Cell Phone Searches At School, Usually

Student cell phones are often searched by school officials (with consent or without it) to gather information in student discipline proceedings or to search for crimes alleged.  Can parents or students refuse a search of a cell phone, computer, tablet or other electronic device? Yes! Generally, unless there is a

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What Parents Should Never Do At School

Here is how parents can mess up their interactions at a student’s school. These are examples of what not to do at meetings, near or around school, on campus, etc. Parents have to keep themselves under control at school or things don’t go well. Don’t Yell At School Staff Parents

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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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Student Sexual Battery Can Have Big Consequences

By Michelle Ball, California Education Attorney for Students since 1995 Has a student you know been alleged to have committed a sexual battery and is up for school expulsion?  “Sexual Battery” allegations can be thrown at students without thought or understanding of the definition of “sexual battery” or how damaging

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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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