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Michelle Alissa Ball

Michelle Ball’s Answers

113 total

  • Can the school legally suspend my daughter for these actions? Can I contest the suspension? Can my daughter be recorded?

    My daughter, 12, is a 7th grade minority student at her k-8 SCUSD school. For the past few months she has had a few verbal altercations with an 8th grade student at school, none of which ever escalated or required discipline by school staff. My ...

    Michelle’s Answer

    Per Education Code section 48900(a)(1), students may be suspended for causing, threatening or attempting to cause physical injury to another person. Your school may have a suspension appeal process.

    Michelle Ball
    Education Law Attorney

    717 K Street, Suite 228
    Sacramento, CA 95814
    Phone: 916-444-9064
    Fax: 916-444-1209

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  • What kind of lawyer should I be seeking advice from?

    I started attending a trade school in 2013, it was supposed to be a 14 month nursing program. I have still yet to graduate. The school has misinformed me on multiple occasions and I believe I have been wrongfully terminated. The school has offered...

    Michelle’s Answer

    An education attorney. Also, you may want to contact the Bureau for Private Postsecondary Education in the Department of Consumer Affairs.

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  • Should I be concerned and or look into legal representation at this point?

    My son is in 5th grade. He has had issues with being bullied at school over the past few years. We have been attending care team meetings for him over the past few years due to academic and behavioral issues. When we asked if he could switch class...

    Michelle’s Answer

    Schools have to address bullying they are aware of, but have discretion in how they do so. If there is an ongoing situation, it needs to be addressed. You will need to follow their protocol for visitors and could discuss working out a plan for visitation due to the allegations.

    Education Code section 48900 discusses discipline for actions "During, or while going to or coming from, a school-sponsored activity."

    You always have the option to seek out legal advice and involvement at your discretion. This forum is not necessarily thorough enough for evaluation of a complex matter.

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  • Can a school post in a common area written observations of students, mainly negative ones and of personal health issues?

    A friend of mine, whose child is in middle school, attended a parent/teacher conference in a common area conference room with other parents. My friend discovered a board in the common area of this conference room, which had 3x5 index cards of each...

    Michelle’s Answer

    Schools may not disclose personally identifiable information regarding students from those students' education records. Things like IEP notations, etc. are likely from students' records. These postings could be in breach of Ed Code and FERPA (Family Education Rights and Privacy Act).

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  • Can I sue the instructor, not the school for harassment and assault?

    My daughter is attending cosmetology school and is being harassed and bullied by her instructor for having social anxiety. The school director and instructors are aware of her condition and has been very understanding. According to the director ...

    Michelle’s Answer

    This is a fact-specific matter and will depend on a lot of factors. You could explore filing with the U.S. Department of Education Office for Civil Rights or the U.S. Department of Education for discrimination (depends on if entity is private or public) or pursue civil claims if these are supported, with an attorney who may take those on in your area.

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  • What can I do with the school District

    I recently moved and my children are out of the Burbank school district. Now we are in LA unified. Across the street is Burbank. The school knows and told me since i have a Burbank Business Lic my kids can stay i would just have to get a permit th...

    Michelle’s Answer

    You have bigger issues, as there is a legal obligation pursuant to compulsory education laws that all children from ages 6-18 must be in some school or other educational setting.

    Education Code 48200 states in part:
    "48200. Each person between the ages of 6 and 18 years not exempted
    under the provisions of this chapter or Chapter 3 (commencing with
    Section 48400) is subject to compulsory full-time education. Each
    person subject to compulsory full-time education and each person
    subject to compulsory continuation education not exempted under the
    provisions of Chapter 3 (commencing with Section 48400) shall attend
    the public full-time day school or continuation school or classes and
    for the full time designated as the length of the schoolday by the
    governing board of the school district in which the residency of
    either the parent or legal guardian is located and each parent,
    guardian, or other person having control or charge of the pupil shall
    send the pupil to the public full-time day school or continuation
    school or classes and for the full time designated as the length of
    the schoolday by the governing board of the school district in which
    the residence of either the parent or legal guardian is located."

    The district where one lives is where students attend unless they have an approved interdistrict transfer agreement. Denial of the granting of such an agreement must be timely appealed to your County Board of Education.

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  • Can I pursue legal action against the school for failing to take action when bullying was reported prior to the fight?

    My child was involved in a mutual fight at school and is nowadays facing expulsion because the other party sustained injuries. The other party initiated the fight days before, and my child reported the incident to the school counselor, but nothing...

    Michelle’s Answer

    Bullying has a very specific legal definition and this is not something that can be quickly evaluated without review of all facts, including conduct over time potentially creating a harassing or intimidating school environment. For now, see the links below. The expulsion is a very big issue which needs to addressed properly and which cannot be ignored regardless of the status of the bullying allegations.

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  • What can I do?

    In November I applied for CSULA and after sending in my application and transcripts in at 3 times before and after the deadline due to them saying they hadn't received it. My application was not properly processed and this resulted in being given ...

    Michelle’s Answer

    This is a difficult situation and proof may be tough to come by. If you feel you have suffered discrimination, you could contact the Office for Civil Rights, US Dept of Education or a discrimination litigator in your area to investigate.

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  • Are their any education code laws in california to prevent teachers from changing policy without warning?

    My daughter is in Ninth Grade and her teacher in the middle of a semester changed the grading policy and didn't tell the class until it already affected the grade and now my daughter has an F in the class. He now decreases the child's grade if the...

    Michelle’s Answer

    There are general principles of notice and fairness, but at this point, you may want to explore a formal grade appeal per Education Code 49066.

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  • My high school transcripts are missing information regarding my senior year, and is indicating I did not meet req credits?

    I graduated from High School in 2003 with a Diploma which I am in possession of. I find it odd that my whole senior year is unrecorded, and I will like to know what I can do to find this information, or hold someone responsible.

    Michelle’s Answer

    In California, schools are mandated to keep a record of all students classes in which they enrolled, along with marks and credits, permanently. See the California Code of Regulations, Title 5, Section 432. The school district of enrollment should have a copy of these documents which you can request in writing. These should be produced within 5 business days per Education Code 49069.

    Best of luck,
    Michelle Ball
    Law Office of Michelle Ball
    California Education Attorney advocating for the rights of parents and students since 1995

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