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Michelle Alissa Ball

Michelle Ball’s Answers

117 total


  • What is anything should I do about a middle school teacher grabbing my sons arm and dragging him across the room?

    Student Government teacher grabbed my son at the start of an assembly and dragged him across the room to sit elsewhere. Because of whats happened he no longer wants to remain in the student government class for the upcoming year.

    Michelle’s Answer

    Hello:

    You can file a personnel complaint following your District's policies. You can also see if you can transfer classes or enroll in independent study for this class. You can research small claims or other court as well.

    Best,
    Michelle Ball
    Education Law Attorney

    LAW OFFICE OF MICHELLE BALL
    717 K Street, Suite 228
    Sacramento, CA 95814
    Phone: 916-444-9064
    Email:help@edlaw4students.com

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  • What can i do? Can they ask him questions without me being with him?

    My son ( 12 yr old ) is getting suspended from school for fighting. I ask the school what happened, they told me to ask him and that they had a video. I tried calling but they didn't answer my call or return my call. They didn't show the video to...

    Michelle’s Answer

    Unfortunately, schools may question students about school issues without their parents being present. They are supposed to ensure the student receives an informal "hearing" (unless an ER) prior to suspension per the US Supreme Court case "Goss v. Lopez" (link below) and Ed code 48911(b). The school is supposed to attempt to contact the parent "at the time of suspension," per Ed code 48911(c).

    Best,
    Michelle Ball
    Education Law Attorney

    LAW OFFICE OF MICHELLE BALL
    717 K Street, Suite 228
    Sacramento, CA 95814
    Phone: 916-444-9064
    Email:help@edlaw4students.com
    Fax: 916-444-1209
    Website: http://www.edlaw4students.com/
    Blog: http://edlaw4students.blogspot.com/
    Twitter: http://twitter.com/michelleaball
    Youtube: http://www.youtube.com/user/EdLaw4Students
    Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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  • Is there a law that states more about how long can a student go without having a permanent teacher? What else can I do?

    My son is a second grader and goes to a public school in Inglewood Unified School District. He has had a series of substitute teachers for the past 2 months because his permanent teacher is on leave because her mother passed away. I feel and hav...

    Michelle’s Answer

    You may want to look into filing a Williams Act complaint, which addresses the fact that there should be no teacher vacancies or misassignments. A series of substitutes may breach the Williams requirements.

    Best,
    Michelle Ball
    Education Law Attorney

    LAW OFFICE OF MICHELLE BALL
    717 K Street, Suite 228
    Sacramento, CA 95814
    Phone: 916-444-9064
    Email:help@edlaw4students.com
    Fax: 916-444-1209
    Website: http://www.edlaw4students.com/
    Blog: http://edlaw4students.blogspot.com/
    Twitter: http://twitter.com/michelleaball
    Youtube: http://www.youtube.com/user/EdLaw4Students
    Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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  • What can I do about the school telling personal information about problems my daughter is having in school? Is there privacy law

    My daughter has been bullied for 3 weeks by 2 girls. She goes to a private school and I know some things they don't have to follow like in public. I have talked with the teachers a few times and nothing was being done about it. I went to the paren...

    Michelle’s Answer

    • Selected as best answer

    If your private school takes federal funds in any way, they will be subject to FERPA, Family Education Rights and Privacy Act. If staff are disclosing information directly from student records, this would be prohibited. I will provide a link below. There is a complaint process as well by filing with the Family Policy Compliance Office (FPCO).

    Best,
    Michelle Ball
    Education Law Attorney

    LAW OFFICE OF MICHELLE BALL
    717 K Street, Suite 228
    Sacramento, CA 95814
    Phone: 916-444-9064
    Email:help@edlaw4students.com
    Fax: 916-444-1209
    Website: http://www.edlaw4students.com/
    Blog: http://edlaw4students.blogspot.com/
    Twitter: http://twitter.com/michelleaball
    Youtube: http://www.youtube.com/user/EdLaw4Students
    Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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  • 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.

    Best,
    Michelle Ball
    Education Law Attorney

    LAW OFFICE OF MICHELLE BALL
    717 K Street, Suite 228
    Sacramento, CA 95814
    Phone: 916-444-9064
    Email:help@edlaw4students.com
    Fax: 916-444-1209
    Website: http://www.edlaw4students.com/
    Blog: http://edlaw4students.blogspot.com/
    Twitter: http://twitter.com/michelleaball
    Youtube: http://www.youtube.com/user/EdLaw4Students
    Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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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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