Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
To add to the trauma, the school official had misrepresented the expulsion potential, telling this parent that their child could be expelled for 1 calendar year, when the law actually limited the maximum expulsion time period to two semesters. This parent was being told she would be getting a break if she signed the document immediately and that this "break" would disappear by X day at X hour. The truth is, nothing would have been gained by signing the document, which issued the maximum possible punishment and took away the parents rights to be heard (at hearing) and appeal.
Another parent came to me after a district had pressured them to sign a waiver of time limits. California districts must send notifications of an expulsion hearing out ten days in advance. This district convinced the parent to sign a waiver of this timeline to have his hearing in a few days. They also implied that the student would be out of school a shorter period of time if the hearing proceeded quickly.
If the district wanted the kid back in school, they would have put them there. The only reason to push the hearing would be to rush a parent through and get the child OUT of the district. This is exactly what happened. When this parent called me to explain, I was all over the breached time limit and the right to appeal--- until I found out about the waiver, which prevented an appeal on this issue.
Parents mistakenly believe that if the hearing panel quickly hears their child, they will be returned to school. Sadly, this may not be the case, so rushing is not the answer. Had the parent not waived the time limit, he could have brought in legal counsel and may have had a better outcome.
Resist the tactics to get you to waive your rights in expulsion hearings unless there is a benefit for your child. In my experience, there usually is not, unless REAL negotiations have occurred (e.g. with equal footing). When in doubt, review with legal counsel BEFORE signing.
Best,Michelle BallEducation Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
- How To Negotiate A Better School Expulsion Outcome
By Michelle Ball, California Education Attorney for Students since 1995 Expulsions from school unfortunately occur more often than one might think. Parents who believe life is going along smoothly with their children, may find themselves on the end of...
- Education After Expulsion: Are Students Still Allowed To Go To School?
By Michelle Ball, California Education Attorney for Students since 1995 Expulsion from school can be devastating for students. The expelled child may not be able to return to a regular school, is denied access to district or school activities, and...
- What Happens After A School Expels A Student? Can They Still Attend Some School?
By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district...
- Where Do You File An Expulsion Appeal And What Are The Time Limits For Filing?
By Michelle Ball, California Education Attorney for Students since 1995 If a student goes through a school expulsion hearing in California and are unsatisfied with the results (e.g. they lose and are expelled), they must act quickly to appeal the expulsion...
- Students Have A Right To Postpone A School Expulsion Hearing For 30 Calendar Days
By Michelle Ball, California Education Attorney for Students since 1995 Parents of students attending public schools often feel helpless when they are facing a school expulsion hearing. After they receive notice of the hearing, they may have less...
Law and Rights
School Expulsions And Pressure To Waive Rights- Be Wary Before You Sign Anything
By Michelle Ball, California Education Attorney for Students since 1995
Waivers of rights are significant things. However, more and more, parents are subjected to high pressure to sign documents waiving their and their child's rights: to hearing, to a properly noticed hearing, to time limits for the hearing...in school expulsion matters. Waivers under pressure can be disastrous for students.
One parent told me that their school district provided them with a document for a "stipulated" expulsion (meaning you simply consent to the expulsion in writing) and told them to sign by Friday or FACE A HEARING! The parent had a picture painted of doom and gloom if they DID NOT sign the document. Yet, the document bound their child to be expelled for the maximum time possible. Nothing at all would have been gained by signing the document and they could potentially have improved their punishment by simply going to hearing, or involving legal counsel. How could they get worse? The punishment they were to consent to was the most heinous possible in the situation.
One parent told me that their school district provided them with a document for a "stipulated" expulsion (meaning you simply consent to the expulsion in writing) and told them to sign by Friday or FACE A HEARING! The parent had a picture painted of doom and gloom if they DID NOT sign the document. Yet, the document bound their child to be expelled for the maximum time possible. Nothing at all would have been gained by signing the document and they could potentially have improved their punishment by simply going to hearing, or involving legal counsel. How could they get worse? The punishment they were to consent to was the most heinous possible in the situation.
To add to the trauma, the school official had misrepresented the expulsion potential, telling this parent that their child could be expelled for 1 calendar year, when the law actually limited the maximum expulsion time period to two semesters. This parent was being told she would be getting a break if she signed the document immediately and that this "break" would disappear by X day at X hour. The truth is, nothing would have been gained by signing the document, which issued the maximum possible punishment and took away the parents rights to be heard (at hearing) and appeal.
Another parent came to me after a district had pressured them to sign a waiver of time limits. California districts must send notifications of an expulsion hearing out ten days in advance. This district convinced the parent to sign a waiver of this timeline to have his hearing in a few days. They also implied that the student would be out of school a shorter period of time if the hearing proceeded quickly.
If the district wanted the kid back in school, they would have put them there. The only reason to push the hearing would be to rush a parent through and get the child OUT of the district. This is exactly what happened. When this parent called me to explain, I was all over the breached time limit and the right to appeal--- until I found out about the waiver, which prevented an appeal on this issue.
Parents mistakenly believe that if the hearing panel quickly hears their child, they will be returned to school. Sadly, this may not be the case, so rushing is not the answer. Had the parent not waived the time limit, he could have brought in legal counsel and may have had a better outcome.
Resist the tactics to get you to waive your rights in expulsion hearings unless there is a benefit for your child. In my experience, there usually is not, unless REAL negotiations have occurred (e.g. with equal footing). When in doubt, review with legal counsel BEFORE signing.
Best,
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Best,
Michelle Ball
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- How To Negotiate A Better School Expulsion Outcome
By Michelle Ball, California Education Attorney for Students since 1995 Expulsions from school unfortunately occur more often than one might think. Parents who believe life is going along smoothly with their children, may find themselves on the end of...
- Education After Expulsion: Are Students Still Allowed To Go To School?
By Michelle Ball, California Education Attorney for Students since 1995 Expulsion from school can be devastating for students. The expelled child may not be able to return to a regular school, is denied access to district or school activities, and...
- What Happens After A School Expels A Student? Can They Still Attend Some School?
By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district...
- Where Do You File An Expulsion Appeal And What Are The Time Limits For Filing?
By Michelle Ball, California Education Attorney for Students since 1995 If a student goes through a school expulsion hearing in California and are unsatisfied with the results (e.g. they lose and are expelled), they must act quickly to appeal the expulsion...
- Students Have A Right To Postpone A School Expulsion Hearing For 30 Calendar Days
By Michelle Ball, California Education Attorney for Students since 1995 Parents of students attending public schools often feel helpless when they are facing a school expulsion hearing. After they receive notice of the hearing, they may have less...