Law and Rights
Bullying has been a hot topic recently, due to its prevalence in schools: on the bus, in the classrooms, in the bathrooms, and generally wherever students interact. Do you remember the school bully? Or, maybe you have seen movie depictions such as the red haired youth with his raccoon fur hat who terrorizes the main character Ralphie in A Christmas Story. Did you know that students can be suspended or expelled from school for bullying?
Per the California Education Code, section 48900(r), students who bully can be kicked out of school. Such discipline is limited to pupils in the fourth grade or above and the legal definition of bullying is as follows (summarized below):
"Severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or could be "reasonably predicted" to have the following impact on a "reasonable pupil:"
1) Places the student in fear of harm (for themselves or their property).
2) Has a "substantially detrimental effect" to the student's physical or mental health.
3) Causes substantial interference with the student's academic performance.
4) Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school."
A "reasonable pupil" is defined as: "a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill , and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs."
What this means in English and how this will play out is yet to be seen. The legislature did attempt to limit the application of this statute in the fact that they require "substantial" interference in three out of four of the categories. However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" might be. And I don't know about you, but some of the things kids do could put almost anyone "in fear of harm."
Most likely the schools will require a low level of proof. The vague language here is doubly concerning when one considers that in the majority of expulsions, parents and students appear before a panel of hand-picked District employees who will hear and decide on the matter and the punishment.
Parents really need to ensure that they involve proper legal help if their children are up for expulsion for bullying as the right to attend school is an important right to fight for.
Best,
- Education After Expulsion: Are Students Still Allowed To Go To School?
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- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
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Law and Rights
School Suspension Or Expulsion For Bullying Under California Education Code 48900(r)
By Michelle Ball, California Education Attorney for Students since 1995
Per the California Education Code, section 48900(r), students who bully can be kicked out of school. Such discipline is limited to pupils in the fourth grade or above and the legal definition of bullying is as follows (summarized below):
"Severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or could be "reasonably predicted" to have the following impact on a "reasonable pupil:"
1) Places the student in fear of harm (for themselves or their property).
2) Has a "substantially detrimental effect" to the student's physical or mental health.
3) Causes substantial interference with the student's academic performance.
4) Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school."
A "reasonable pupil" is defined as: "a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill , and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs."
What this means in English and how this will play out is yet to be seen. The legislature did attempt to limit the application of this statute in the fact that they require "substantial" interference in three out of four of the categories. However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" might be. And I don't know about you, but some of the things kids do could put almost anyone "in fear of harm."
Most likely the schools will require a low level of proof. The vague language here is doubly concerning when one considers that in the majority of expulsions, parents and students appear before a panel of hand-picked District employees who will hear and decide on the matter and the punishment.
Parents really need to ensure that they involve proper legal help if their children are up for expulsion for bullying as the right to attend school is an important right to fight for.
Best,
Michelle Ball
Education 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]
Education 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]
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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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.
- 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...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- If Your Child Is Questioned At School, Don't Allow Them To Provide A Statement Lest They Be Expelled
By Michelle Ball, California Education Attorney for Students since 1995 Schools may question students to investigate bullying at school, ask about fights a student has seen, or inquire about something the student may have done at school. However,...
- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
By Michelle Ball, California Education Attorney for Students since 1995 I earlier blogged regarding the Big 5 mandatory expulsion categories, for which a student must be both recommended and expelled should allegations be proven correct [http://edlaw4students.blogspot.com/2011/01/when-is-school-expulsion-mandatory-in.html]....
- Bullying- Some Good Weekend Reading
By Michelle Ball, California Education Attorney for Students since 1995 Bullying is certainly a hot topic in the school setting and can be very destructive if not addressed. As such, parents and students may be interested in reading the below letter...