Suspension Or Expulsion For Knives, Guns, Explosives Or Dangerous Objects And A Way Students CAN Have Them On Campus?
By Michelle Ball, California Education Attorney for Students since 1995
What will happen to Johnny if he has a gun, knife, explosive, or dangerous object on campus without permission? We all know the usual answer, but according to the California legislature, it will depend on whether Johnny has permission to possess the item.
Under California Education Code section 48900(b), students may be suspended or placed up for expulsion if they:
So, if Johnny has a gun, sells a gun, or provides a gun to someone, he can be suspended or expelled. Same difference with a knife or explosive, which seems fairly self-explanatory. With the "dangerous object" portion, schools may interpret "dangerous object" as covering practically anything, rightly or wrongly. For example, a pencil, scissors, stick, book, pillow, spit, urine, chemicals, and on and on, depending on how the object were used. As such, this code section can sometimes be stretched, properly or improperly, to attempt to meet the situation. A parent would of course argue a pillow, book, or other common object was never a dangerous object and the intent was to cover obviously dangerous objects (nunchucks, throwing stars, etc.).
Section 48900(b) provides an interesting exception which could avoid a suspension: permission to possess a gun, knife, explosive or dangerous object (this is too good to be true!). But, how any student would ever get "permission" to possess a firearm, knife, explosive or "dangerous object," is beyond me. I would suggest that any child who actually had the nerve to seek permission to bring one of these items on campus, would be interrogated and searched by today's school administrators. This would not be okay, but they would probably take such a request the wrong way and go after Johnny regardless of what the code says.
Obviously when this code was written many years ago, the legislature thought this might be possible. The only scenario I can think of is for some kind of school play, or an authorized in-class demonstration (show and tell). If "permission" is sought, make sure it is granted in writing and the principal signs off as well as the teacher granting the permission, or the kid could be toast regardless of the situation.
Best,
What will happen to Johnny if he has a gun, knife, explosive, or dangerous object on campus without permission? We all know the usual answer, but according to the California legislature, it will depend on whether Johnny has permission to possess the item.
Under California Education Code section 48900(b), students may be suspended or placed up for expulsion if they:
"Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee
of the principal."
Section 48900(b) provides an interesting exception which could avoid a suspension: permission to possess a gun, knife, explosive or dangerous object (this is too good to be true!). But, how any student would ever get "permission" to possess a firearm, knife, explosive or "dangerous object," is beyond me. I would suggest that any child who actually had the nerve to seek permission to bring one of these items on campus, would be interrogated and searched by today's school administrators. This would not be okay, but they would probably take such a request the wrong way and go after Johnny regardless of what the code says.
Obviously when this code was written many years ago, the legislature thought this might be possible. The only scenario I can think of is for some kind of school play, or an authorized in-class demonstration (show and tell). If "permission" is sought, make sure it is granted in writing and the principal signs off as well as the teacher granting the permission, or the kid could be toast regardless of the situation.
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
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
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.
Interdistrict Transfers in California: Can A School Require You To Reapply?
By Michelle Ball, California Education Attorney for Students since 1995
Interdistrict transfers (move of student from one school district to another at parent request) are common events. A parent does not like where their child attends school, the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child. They then request a transfer to another school district. Once that transfer request is granted, can the school require students to reapply year after year for a transfer? No.
Per California Education Code section 46600, two school districts may enter an agreement to accept students of the other district. Once accepted on an interdistrict transfer, however:
"[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled."
This is wonderful as if you are "in," you remain "in." Previously, I would hear from parents who would have to reapply every year to maintain a transfer- no more.
Section 46601, however, does specify that a district may develop terms of revocation. I have often seen VERY VERY restrictive interdistrict transfer agreements stating that if a student "does not follow school rules," their transfer will be revoked. I would certainly argue against revocation for minor events. However, depending on the terms of revocation at the new district, this statute loses some of its strength. Still, for most parents, this will be good news.
Additionally, once a student is transferred and will attend the eleventh or twelfth grades in the upcoming year, their transfer can no longer be revoked. For the school of attendance to kick them out then, they would have to expel them or impose an involuntary transfer. This should ease some parents' worries on their high schoolers' continued attendance.
Interdistrict transfers (move of student from one school district to another at parent request) are common events. A parent does not like where their child attends school, the district programs available (e.g. no GATE), wants their child closer to work, or otherwise wants to move their child. They then request a transfer to another school district. Once that transfer request is granted, can the school require students to reapply year after year for a transfer? No.
Per California Education Code section 46600, two school districts may enter an agreement to accept students of the other district. Once accepted on an interdistrict transfer, however:
"[T]he pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which he or she is enrolled."
This is wonderful as if you are "in," you remain "in." Previously, I would hear from parents who would have to reapply every year to maintain a transfer- no more.
Section 46601, however, does specify that a district may develop terms of revocation. I have often seen VERY VERY restrictive interdistrict transfer agreements stating that if a student "does not follow school rules," their transfer will be revoked. I would certainly argue against revocation for minor events. However, depending on the terms of revocation at the new district, this statute loses some of its strength. Still, for most parents, this will be good news.
Additionally, once a student is transferred and will attend the eleventh or twelfth grades in the upcoming year, their transfer can no longer be revoked. For the school of attendance to kick them out then, they would have to expel them or impose an involuntary transfer. This should ease some parents' worries on their high schoolers' continued attendance.
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
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Twitter: http://twitter.com/michelleaball
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]
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.
Now Is The Time To Change Schools In Roseville Joint Unified School District As District Identified As "Needs Improvement" Under No Child Left Behind: DEADLINE OCTOBER 17, 2011
By Michelle Ball, California Education Attorney for Students since 1995
Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools. As the District was identified as failing in certain areas, under No Child Left Behind, they are now obligated to allow students from Adelante High School, Roseville High School and Antelope High School to transfer to Granite Bay High School, Oakmont High School, or Woodcreek High School. See below for an email sent to me by a parent regarding this issue. So, act now, if you want to move. Also, see the District website and their announcement and form.
Roseville Joint Unified School District has an important deadline approaching Monday October 17, 2011 that parents must be aware of if they have been wishing to change schools. As the District was identified as failing in certain areas, under No Child Left Behind, they are now obligated to allow students from Adelante High School, Roseville High School and Antelope High School to transfer to Granite Bay High School, Oakmont High School, or Woodcreek High School. See below for an email sent to me by a parent regarding this issue. So, act now, if you want to move. Also, see the District website and their announcement and form.
"For Immediate Release:
October 5, 2011
Good evening this is Steve Williams, Director of Pupil Services, with an important announcement from the Roseville Joint Union High School District.
Once again, the Roseville District has shown steady improvement on the Statewide Academic Performance scores called API and those scores are posted on the District web page.
However, as part of the federal No Child Left Behind Act, our District has been designated for Program Improvement which requires us to notify every parent and also requires us to accept transfer requests from current Adelante, Antelope, and Roseville HS students to attend Granite Bay, Oakmont, or Woodcreek High School for the start of term two in January.
Students attending Adelante, Antelope, or Roseville High School, who wish to transfer, must apply to Granite Bay, Oakmont, or Woodcreek High School by Monday, October 17.
Student Transfer Enrollment Forms are available in the Main Office of Antelope HS, Roseville HS, the District Office, and online under RJUHSD Student Transfer Choice Program.
Please feel free to call my office if you have any questions at 782-6565x1057.
Thank you and have a good evening.
Steve Williams
Director of Pupil Services"
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
Website: http://www.edlaw4students.com/
Twitter: http://twitter.com/michelleaball
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. 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.
Favourite Halloween Flicks
With Halloween just around the corner, here are my top three favourite Halloween flicks:
Practical Magic
The Craft
little known fact: when I was young my friends and I actually tried the "light as a feather, stiff as a board" levitating trick... it didn't work!
I can't stand tons of blood and gore I always got nightmares from the super scary flicks. Growing up these three were some of my fav's. So what are some of your favourite Halloween flicks?
Hocus Pocus
one of my favourite things about this movie has got to be the Victorian house they used to film in
and the local herbal remedies store that Sandra Bullock's character owns and runs is amazing...I always wanted to have my own store just like this!
here is one of my favourite scenes from the movie...
I can't stand tons of blood and gore I always got nightmares from the super scary flicks. Growing up these three were some of my fav's. So what are some of your favourite Halloween flicks?
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