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Michelle Alissa Ball

Michelle Ball’s Answers

104 total


  • 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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  • I have a learning disability and am having trouble pass math. The disability program at the college I attend agree that I have

    A sequence and other learning disabilities. We had a meeting with the math dean they agreed on class substitution, but gave me chemistry which consists of math again. Now I don't know what to do. Do i file a ada 504 form ? Thanks

    Michelle’s Answer

    You can meet with the disability services office and get extended time and other accommodations, however, you will have to complete the course requirements still. You could explore an additional/different math or chemistry course as well, but still have to complete the degree requirements.

    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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  • My 8 year old daughter was strangled by 2 boys in her class at recess. School is not guaranteeing suspension. What should I do?

    It was unprovoked. One came from behind, said Im gonna take you down and strangled her from behind while putting his knee in her back and pulling her head back and down. She cried and choked and gagged. The boys took turns doing this and even did ...

    Michelle’s Answer

    You need to put something in writing regarding the situation and lack of punishment. I would suggest going to the District to request suspension. These boys could also be up for expulsion. As the school has not done anything yet, I would not count on that.... but if they have past conduct and this recent choking as well, something needs to be done. You do need to develop a plan to protect your daughter as well with the school. They are under obligation to act to protect children who they are aware were bullied. You should consult an Education attorney and even a Personal Injury attorney on these matters.

    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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  • My son burned down a small maybe 1 foot high plastic trashcan in a school bathroom without any known reason of doing. Charges?

    The dean of the school said expulsion, but immediate suspension for now. Claims that the trashcan would have burned down the school though my son knew the security was checking the bathrooms so that harm was little to none. The fire was set in a s...

    Michelle’s Answer

    This is a very serious matter for school; you do not indicate if this is public or private but in either in California he would be up for expulsion and negotiation to try to reach the best outcome would need to be pursued. I would imagine that the same is true of CO. You need to find an educational attorney and a juvenile attorney. Out here, the schol matter is usually wrapped up before the criminal courts.
    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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  • What should I do ? I need help on my school rights !

    I got expelled from my home school & go to a continuation school now. I was on a contact there & just last month the contract expired . Im in special eduction , I have IEP. The school wants to send me to adult school or access school, can they act...

    Michelle’s Answer

    As a special needs student who has not yet graduated, you are entitled to your IEP services through age 21. You need to meet with the IEP team and develop an appropriate placement to meet your unique needs. You will likely need to hire an attorney or advocate and may want to call an advocacy agency like DREDF (Disability Rights Education & Defense Fund) or Disability Rights of CA (links below).

    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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  • Facing possible dismissal charges from private university based on false hearsay. What do I do?

    I go to a private religious university. although I have not yet been informed of official charges, I have been called in for questioning twice and have been accused on the basis of hearsay of consuming a variety of drugs off campus among other all...

    Michelle’s Answer

    Unfortunately, colleges can reach very far in their disciplining of students, including way off campus. This is particularly true in private religious colleges. You need to speak with an attorney to try to disprove any looming allegations. I am including a good reference for you below on colleges and discipline as well.

    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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  • Is my school legally obligated to provide me with the evidence they used to suspend me/expel me?

    I have a pre-expulsion hearing soon and I wanted to know whether my high school is obligated to provide me with the evidence that they used to suspend me. (The evidence is a thick packet) What about expulsion? And where is it listed in the educati...

    Michelle’s Answer

    You are entitled to any/all evidence in your expulsion matter- see California Education Code 49818 (link below). As far as suspension, you are entitled to your student records under California Education Code 49069 (link below). If you are being expelled, it is good to consult an attorney prior to proceeding to the expulsion hearing to see what could be negotiated and/or discuss other expulsion-related matters.

    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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  • My son is bullied in school he is 8 and is menatlly disabled. His school principal refused to investigate the attacks

    He has an IEP the school staff never follows which requests a supervisor or "shadow" for him to assist him on the yard. He was held down and kicked by 3 kids then drug across the yard resulting in scratches and marks on his back. the prinicpal who...

    Michelle’s Answer

    The school is mandated to take action. The District/school must have a bullying policy and report form which should be completed and submitted by you every time an incident occurs (keep a copy). Complaints should be in writing, even if the initial report was verbal, so a record of the abuse and lack of handling develops. You should also likely contact the IEP (Individualized Educational Program) team to get them to take action and develop a Behavior Support Plan (BSP) for your son if this may be needed. Ultimately, review and contact to the District from an attorney would also be helpful as they tend to take things more seriously. Consulting the District would be warranted if nothing is done at the site.

    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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  • My six year old son is mildly mentally disabled public school refuses to admit him due to his handicap the principal refuses

    School principal has advised me she cannot enroll my six year old because the school is full, first I telephoned the school, I was advised to bring my child in to enroll him, within ten minutes when I showed up with my handicap son the principal ...

    Michelle’s Answer

    Your son is mandated to attend public school or an alternative, and is also entitled to be enrolled. He may be placed away from his home school depending on his special education plan (IEP) and where services are available. Also, for any child, if a school is full where they live, they may be offloaded to a different school. The District special education director should be contacted and the IEP case manager alerted that he is not placed or in school, as is his legal right. A specific review of your paperwork, etc. is in order so you can ensure not only he can get in, but that he receives all services to which he is entitled.

    If they do not admit him or provide an appropriate education, you can pursue a due process hearing with the Office of Administrative Hearings, Special Education Division (link below).

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

    See question 
  • My 12 year old daughter was physically abused by her 6th grade teacher,is that legal?

    The teacher pushed her so hard she fell onto another student's desk. The second time she she grabbed her head and shoved her face onto the desk... In plain view of classmates...Is that legal? Do I have a case?

    Michelle’s Answer

    It is generally not okay to corporally punish kids, but there is provision in the Education Code for handling students "to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other danger objects within the control of the pupil." (Cal Ed Code 49001- link below). There is also provision relevant to special needs students to restrain in emergency situations where there is a "clear and present danger of serious physical harm " to a special needs child or others (Cal Ed Code 56521.1 - link below).

    Whether it is actionable would have to be evaluated to look at what happened, precursors, witnesses, injury, etc.

    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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