Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michelle Alissa Ball
2 Answers | Asked in Education Law for California on
Q: I have a problem with bullying, and the school admins have done nothing. How can I get the admins to do something?

I have had this bullying problem for years and the school administrators have done little to nothing to help. I did some research on the California ed code section 48900 and have identified a lot of what has happened to me as bullying as defined there. I am planning on taking all this as evidence,... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 26, 2024

California schools are legally mandated to address bullying. They cannot ignore it, although what they choose to do is up to them. Provide documentation of all the bullying, bullying reports, etc. to them and politely tell them they need to address it. If they continue to ignore your requests,... View More

View More Answers

2 Answers | Asked in Education Law for California on
Q: My son is in 6th grade missed several days due to illnesses . . Junior high is denying his application

My son has been sick up and on the school year. All of his absences. have an excuse most have doctors notes. The parents choice Public Junior High we are applying to is denying his admission due to excessive absences, even though they are due to illness. He meets all the other guidelines day,... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 17, 2024

This sounds like a private school. Private schools often set their own entrance requirements or mandates for admission. Depending on the type of school, they may have even broader ability to exclude students They may have entrance mandates that include the prior year attendance, or other... View More

View More Answers

3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 15, 2024

This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.

Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools,...
View More

View More Answers

2 Answers | Asked in Education Law for California on
Q: Can you sue a school for causing emotional abuse to a child in special education?
Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 13, 2024

This is certainly a complex question. In special education, there is a hearing process for special education disputes through the state, and there are compliance complaints that can be filed. There may be litigation options for damages that are not covered under this process.

Often...
View More

View More Answers

2 Answers | Asked in Education Law and Civil Rights for California on
Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 10, 2024

Special education students have tons of rights, and in fact most parents have no idea how powerful their rights are.

They can get free mental health, educational, behavioral, speech, and other services through their local school district if they qualify. Most schools slack, and parents are...
View More

View More Answers

3 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 2, 2024

Regarding the school site and protections in the future: you can try to work with the school on determining who the kids could be, to get this addressed and ensure this does not happen again to your son. The school may pursue suspension or expulsion of the offenders if they can be identified.... View More

View More Answers

2 Answers | Asked in Immigration Law and Education Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 15, 2024

This would probably be a question for an Immigration Law attorney.

Please be advised that this does not constitute legal advice nor form an attorney client relationship. Nothing herein is confidential and it is advised that all legal questions be evaluated by a direct consultation with a...
View More

View More Answers

3 Answers | Asked in Education Law and Civil Rights for California on
Q: Do school principles have a right to suspend students for advocating for themselves?

My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 1, 2024

Hello:

There are free speech issues, and issues with the parent involved potentially. Additionally, if this is a first time "offense," it may not be legal to suspend the student under California law. https://edlaw4students.com/other-means-correction/

Thanks,...
View More

View More Answers

1 Answer | Asked in Education Law for California on
Q: Can my daughter's school district deny her entry for not going to school during school closures during COVID?

My daughter did not attend school last year due to severe mental health issues. After intensive therapy and rehab she is now ready to go back but her district won't enroll her because she missed the while last year. Can they do that?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Aug 4, 2022

All students in California are mandated to be enrolled in/receive education from ages 6-18 and this education must be provided by the local school district, generally, where they live unless they were suspended or expelled or attend another entity (private school, etc.).

Special education...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.