Michelle Alissa Ball's Answers

My children's school ignores me? What can I do about it?

Hello: Yes, you must address the custody issues first. If you had some form of legal custody rights (decision-making/legal custody- please talk to your family attorney), this would likely give you rights to hear from/communicate with the school. They are not supposed to communicate with anyone who is not legally authorized to receive information. You could also ask your ex to provide a written release so you could obtain information as well. Once you have the proper authorization, if...

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I feel like I am being harassed at school by a fellow student. We are both in student gov, is this harassment and cyberstalking?

Hi: These threats can get the student suspended or expelled. Document what she is doing and bring it to the administration. If there are witnesses, you may want to give them statements from the other students and/or the students' names. They are obligated to take action and resolve the situation. This is bullying. You also may want to file a police report to document this situation. If you can't get anywhere on your own, having an attorney contact them should assist as well. Be sure...

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LAUSD denied my request for an IEP, what recourse do I have?

Hello: These matters can be very complicated, and this answer cannot cover the breadth of the matter. The first thing which usually is done is to request an assessment in writing from the district. You can also submit your own assessment, but would expect them to also conduct an assessment. Once they complete their assessment, an IEP meeting would be scheduled. If you don't like what they come up with, you can file a request for a special education due process hearing. For all of it, an...

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Do public universities have to honor their express agreements?

Hello: I would suggest that you look into the grade appeal policy and/or grievance policy within the university and if the internal time limits for those have passed. Time makes this difficult to handle internally and I think any form of "litigation" on this may be difficult for multiple reasons. 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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Can I sue the teacher or school for emotional distress ?

You may want to look into the personnel complaint process at the school/district, consider a transfer out of her class, and work out a plan with the school for eating during pregnancy so no more issues... There are also complaint processes via the Office for Civil Rights, and perhaps even the Family Policy Compliance Office (both via the U.S. Department of Education). Best of luck, Michelle Ball Law Office of Michelle Ball California Education Attorney advocating for the rights of...

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When does the statute of limitation start ticking in this situation?

I am not sure where you got the 2 year limitation period. With public entities in California (presuming this is the local state university in Chico) notification may be required as early as 6 months and/or 1 year if you intend to litigate. Other time limits may apply and can even be shorter (e.g. internal appeal in university). If you will sue you can't sit on your rights and should have this reviewed by an attorney promptly. I blogged about this time limit (government tort claim act) on...

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Have been lied to by the school for three months, wont validate my externship hours.

Hello: This is a matter of contract with the school, e.g. what were their obligations outlined? Did they authorize the placement, or did you just take the position assuming it would be accepted, etc. You will probably need an attorney to review the specifics of the matter and contact the school to try to resolve. Best of luck. Michelle Ball PLEASE BE ADVISED THAT THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR FORM AN ATTORNEY CLIENT RELATIONSHIP. NOTHING HEREIN IS CONFIDENTIAL AND IT...

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Admitted to San Jose State University, but than disqualified on the basis of national origin.

Hi- I would suggest you contact the Office for Civil Rights, a branch of the U.S. Department of Education to file a complaint for potential discrimination. You may want to discuss this further with an attorney as the specific facts and policies need to be reviewed. Best of luck.

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My son is an 8th grader @ Fulton Middle School in Fountain Valley, CA.

Hello: It makes no sense at all to force a frightened child to enter the ocean. I do not believe they can strong arm him into participating or deny him the right to attend the field trip due to his fears. They likely are just confused as to what to do with him (supervision) while the others are snorkeling. It seems hard to imagine there won't be a single supervisor there who he could sit with while the others snorkel. You may have to resort to an outside professional to document his...

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My daughter was not given a student handbook or any info on policies, can she argue a suspension and other punishments?

This is an uphill battle. You do have a right to be informed in advance of school rules. However,it will be hard to convince them she did not receive one, attend an assembly on the rules, have access on the internet, and/or was informed about the rules in a prior year at that school. Also, it would likely be hard for them to believe she did not know that she was not supposed to drink alcohol, as a minor. There can be very harsh consequences for this. Some districts would have put...

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