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Questions Answered by Michelle Alissa Ball
4 Answers | Asked in Education Law, Civil Rights and Gov & Administrative Law for California on
Q: Can I sue a school for targeting a student and expelling her unjustly?

Can I sue a school for targeting my child and proceeding with expulsion after an argument? There's an expulsion hearing soon, and discrepancies in her discipline reports suggest they were altered, as the initials don't match the altered names. Additionally, the school allowed my daughter... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 15, 2025

You would have to promptly review this with a litigation attorney to see if there is a cognizable claim, but schools have wide discretion to discipline. More important is addressing the pending expulsion.

The schools can call CPS in- you would need an attorney who focuses on...
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2 Answers | Asked in Civil Rights, Education Law, Employment Law and Civil Litigation for California on
Q: What type of attorney for cyberbullying with physical threats towards a minor?

I am dealing with an incident where my minor child was cyberbullied by another minor, involving threatening posts that included physical harm. The school's district was aware and requested the posts be taken down, but never contacted us directly. Upon reaching out, they mentioned they... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Mar 14, 2025

You need a education attorney who represents students. Often schools don't address bullying despite their legal obligations until a parent brings someone in.

They are mandated to address school bullying, but they have discretion on how they will do that.

It is unclear,...
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2 Answers | Asked in Education Law and Civil Rights for California on
Q: Son removed from baseball team for standing up to bullying; coach claims disrespect. What can be done?

My 16-year-old son, a talented baseball player, stood up for a smaller player against a much larger tennis player while the tennis coach passively watched. After the incident, my son asked the tennis coach who he was, and the coach responded that this would negatively affect my son's baseball... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Mar 11, 2025

This is a tough situation- you definitely need to locate the sports policies for the team or generally (e.g. for all sports at that school), and challenge it based on those. You may need to go above their heads. It is possible there is a policy of good sportsmanship that the Coach could try to... View More

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2 Answers | Asked in Education Law for California on
Q: Can a school administrator listen to my phone call with a teacher without acknowledging they were there?

My daughter attends an expensive private high school. There was an issue with grading with one of the teachers. When I emailed the teacher, she returned my call and was unexpectedly dismissive and blatantly rude. Telling me I seemed upset, said I seemed like I had problems, every other word was... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 13, 2025

Schools usually back their teachers, right or wrong. There is no law that precludes other staff from being present. Perhaps in the future, ask if anyone else is there?

Private schools often include a term in their contracts allowing the private school to terminate students due to...
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2 Answers | Asked in Education Law for California on
Q: Can Hiring an IEP Attorney Help Secure Additional In-School ABA Therapy?

My 5-year-old autistic child is currently receiving speech therapy (30 minutes, twice a week) and behavioral therapy (45 minutes per week) as recommended by the IEP in an LA County school district. However, my child frequently refuses to go to school, and the teacher has reported ongoing conflicts... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 7, 2025

Hello:

Good question- hiring an attorney can help parents/students in many ways, including getting IEP services, making sure the IEP is adequate, etc. However it cannot be predicted what services will issue or who may need to fund or who will be obligated to provide those services. What an...
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4 Answers | Asked in Education Law for California on
Q: Grad school insists i pay for a course that i requested to be dropped. what kind of lawyer do i need?

i sent three emails in the three weeks leading up to the course drop date. the school did not respond to any of the emails. now they will not let me take additional classes until i pay for this class which i requested to be dropped from. the balance is $1,800.

their rationale is that i... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Jan 31, 2025

Hello:

You need a student education attorney or a contract attorney. You have to follow the procedures to drop classes and it is unclear if emailing was the correct way to drop the class or not. If you met their requirements, you can bring someone in to help protest.

For pro bono...
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3 Answers | Asked in Consumer Law, Civil Rights and Education Law for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Look at your Handbook and see what Carrington's policies are on accessing the testing instruments. Sometimes colleges won't let students access exams if they re-use them year to year, in case a student puts them on the internet. However, you should be able to go review the exam and your... View More

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2 Answers | Asked in Education Law for California on
Q: For a student on home hospital, can the resident district refuse to provide work?

For a student who needs to be on home hospital, I saw on the edu FAQ page that while the district of where the hospital is located is responsible for his education during his stay, he “may” continue to stay enrolled at his original school of residence to facilitate an easier transition back... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Generally, if the student's hospital location (excluding state hospitals) is in a different district than the parent's residence, and they qualify for HHI, the district where the hospital is located is the one who will provide the HHI. The parent's district of residence is not... View More

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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

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2 Answers | Asked in Education Law for California on
Q: If I passed 7th grade but feel emotionally unready, and my parents agree, can the school still make me go to 8th grade?
Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 11, 2024

Yes, unfortunately they can pass students on. All CA school districts must have a policy regarding student promotion and retention. Legally they look at retention at certain time periods, one of them being between eighth grade and high school. The policy should have an appeal option for the... View More

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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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