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Questions Answered by Michelle Alissa Ball
2 Answers | Asked in Education Law for California on
Q: California-Is there a minimum time I need to notify the school district before the expulsion hearing to contest it?

In California, my child's school wants to expel him and has set up a hearing. The school is saying we need to give them five business days prior to the hearing that we need to inform them we will be there and contesting the finding. This information is not in the expulsion packet or the... View More

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

Although that is not a requirement of the Education Code, Districts sometimes may clarify their own local requirements. It is often best just to notify them, if possible, if that is their local policy. However, theoretically there could be an argument on appeal based on the Education Code... View More

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2 Answers | Asked in Education Law for California on
Q: If a student with an IEP does not meet the minimum requirements to earn a high school diploma can they stay beyond 18

The student didn’t graduate. Can he stay a 5th year or even longer to earn his diploma?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 22, 2024

Hello:

Even if a high school student earns a "certificate of achievement" they can continue working toward their high school diploma. Where they attend and what services they get will depend on the school district and their individualized IEP.

Many districts shuffle...
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2 Answers | Asked in Civil Litigation, Civil Rights and Education Law for California on
Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?

I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 12, 2024

CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 29, 2024

To qualify for an IEP, the student has to have a qualifying category of impairment. This could be Autism or other category. Does an IEP team have a legal obligation to speak certain words at an IEP specifically? The disabilities and needs of the student guide the development of the document, but... View More

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2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

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

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

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5 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

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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

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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

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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,...
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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...
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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...
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2 Answers | Asked in Education Law and Civil Rights for California on
Q: Can i be banned from school property w/o appealing my ban which was 1 year

It was after filing a complaint on a vice principal

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

In California, a school district cannot ban a parent beyond 14 days under penal code 626.4. A school also needs to give a parent a right to contest. Arguably, anything beyond 14 days should be preceded by a lawful restraining order.

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2 Answers | Asked in Education Law for California on
Q: Can a parent who refuses an IEP or 504 plan require significant accommodations for their child in public school?

Do schools have to provide accomodations for parents with public school children who have a disability, were in SPED in years prior, but currently reject/refuse an IEP or 504 but still want accommodations for general education classes? What rules apply here and if approved is there an official... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Aug 28, 2024

If you want IEP/504 accommodations and protections, those plans need to be in place. You can, however still seek an SST (Student Study Team) meeting to put accommodations in place via general education. These are not enforceable, however, similar to a 504, IEP, etc.

Since COVID, schools...
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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...
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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,...
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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...
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