Can I call my step-daughter's school?: My stepdaughter has been telling me she isn't going to school, her mom tells her she is "sick" and won't take her to school. I don't know what I can do to help her legally and within my boundaries. Mom won't communicate with me or dad, or neighbors to set up a carpool to school.
Michelle’s answer: This may be a family law matter, where the Dad needs to step in and try to get full custody due to the mother failing to meet legal obligations (compulsory education) which is harming the child. I would discuss with a family attorney or continue working out how to provide the child a ride daily.
Can a California school district require parent's to be on a lease agreement for enrollment?:
Our children attended San Ramon Valley School District schools for the past three years while we owned a home there. Since selling the home and leaving the district (to move out of the country), we have had a decrease in income and our credit files suffered as a result. My in-laws are offering to sign for us with a rental home in the area, since the average rental requirements include having 750+ credit scores. Getting approved on a home is not an issue. The issue revolves around the school board for San Ramon Valley Unified requiring that the parents are also on the lease agreement.
From my research, this seems to be directly in conflict with State law as well as the California School Board's policies. As an example, the Alameda Unified School District that neighbors the district only allows a residency affidavit from the renter attesting to the children living there. Of note, the school district for San Ramon suggests that an affidavit can only be used if we go to court and provide legal guardianship to the in-laws for the affidavit to work.
Thank you for your help!
Michelle’s answer:
This is highly fact specific and a bit hard to address in this limited forum.
If you live out of the country, you may need to explore legal guardianship for your children in-state, regardless of the school issues (this is a family law question and you need to discuss with a family law attorney).
On the education matter, you should still be able to sign the caregiver affidavit for the children to live with relatives and enroll them in the school/district where the caregiver resides. The children actually have to live with that caregiver, however.
Regarding the lease, if you are living with your children, you should be on the lease and that can be used to prove where you live.
It is probably important to review the specific facts with someone to make a determination.
I am writing to seek your legal advice regarding an incident involving my son that occurred at his school. : My son was participating in a photo class when he jumped into the pool to take a photo. Afterward, he went to pick up his backpack from the floor. The teacher unexpectedly confiscated his backpack without justification and refused to return it despite his repeated requests. Frustrated, he gently pulled his backpack away; during this, the teacher pulled back and used force, causing her to hurt her fingers and injure my son's wrist. The teacher then called security and falsely accused my son of hurting her. My son was the victim in this incident, trying to recover his property and not engaging in any harmful behavior. Despite this, he was suspended for 5 days, while another girl who jumped with him just got in house detention. And the school principal announced plans to transfer him to another school which we believe is unjustified and unfairly punitive. We are concerned about the teacher's conduct, including physically restraining my son and potentially casing injury, and believe there should be surveillance footage to clarify the events. We seek legal advice to ensure my son's rights are protected and to address the inappropriate actions of the teacher.
Michelle’s answer:
This is very unfortunate. It sounds like you are facing an involuntary transfer. That can be appealed within the school district.
On the suspension, it is likely that the school could suspend in the described scenario. You can file an appeal via the suspension appeal process, if they have one, or just go up the chain of command.
On any video evidence, under federal law (FERPA- the Family Education Rights and Privacy Act), if they used the video to discipline your son, you have a right to review it upon request. You can also ask for all evidence the school used in the discipline, including witness statements, etc.
Good luck.