Education Advocacy
Education is foundational to your child’s successful future. Students have significant rights guaranteeing them access to a free and appropriate public education and protecting them from unjustified school suspensions and expulsions.
Parents can take steps on their own to protect their child’s student rights, but in some situations, a skilled education advocacy attorney is necessary to enforce a student’s rights effectively, particularly in the areas of student discipline and special education.
Schools can bulldoze you and your child without an attorney. If you are unsure whether or not you need an attorney or if you have other questions, give us a call for a free consultation.
Suspension
The United States Supreme Court has affirmed student due process rights even for short school suspensions. Students have a constitutional right to receive notice of the reason for a suspension and an opportunity to present a defense. Section 48911 of the California Education Code provides detailed guidelines for notice and conference requirements in suspension proceedings. Section 48911 requires that “if a pupil is suspended from school, the parent or guardian or . . . attorney . . . shall be notified in writing of the suspension.” Schools must also meet with the student facing suspension and provide the student with an opportunity to be heard. No suspension can last beyond 5 school days, unless the student is pending expulsion proceedings. Schools must attempt to resolve problems through other means before resorting to suspension, per section 48900.5 of the Education Code.
Any suspension can cause significant disruption to your child’s learning and social and emotional well being at school. Often the conduct that resulted in suspension stems from bullying or issues the school had a duty to address to protect your child. An education attorney can advocate for your child’s rights before school discipline measures escalate.
Expulsion
Expulsion can alter the course of your child’s life. He or she may lose access to rigorous academic opportunities like advance placement (AP) courses. The out-of-district school he or she graduates from may reflect poorly on the student’s college applications. A school change may introduce your child to a negative peer group and expose your child to violence, gangs, drugs, and other unhealthy influences.
Strict due process requirements apply to schools in expulsion proceedings. Failure to comply with these rules can result in reversal of your child’s expulsion.
It is shocking how many school administrators rush to expulsion when the law requires schools to resolve issues through less extreme measures. An expulsion recommendation to the school board is mandatory only for a few behaviors, called “zero tolerance” offenses. These offenses must occur at school or at school events and include:
- Possessing or selling a genuine firearm
- Brandishing a knife at someone
- Selling drugs, including marijuana/cannabis
- Most sex offenses
- Possessing an explosive
In all other situations, the school has discretion to expel your child or not.
In fact, for serious violations other than zero tolerance offenses, the school MUST show that other means of discipline are not feasible or have failed, or that the student presents an ongoing danger to the school. Even if you child has committed a “zero tolerance” offense, though, they can often avoid expulsion. While the school must recommend expulsion, your child has a right to a hearing. A skilled education attorney will engage with the school prior to the hearing and often will obtain a settlement agreement allowing your child to remain within-district. Other times, the attorney will advocate for your child at the hearing and present available defenses.
EXPULSION TIPS
1. Don’t Sign. No matter what, DO NOT SIGN ANY DOCUMENTS THE SCHOOL GIVES YOU without completely understanding what the documents mean. Parents frequently agree to expulsion for their child without knowing it, when their child has a very strong defense.
2. Hire a juvenile defense attorney. If your child has committed an offense that can result in expulsion, a case has likely been forwarded to the juvenile probation department and/or DA. Hiring a juvenile defense attorney immediately is critical, particularly if your child is in custody at the juvenile facility. Expulsion proceedings and juvenile delinquency proceedings can influence each other in positive and negative ways. It is critical to hire an attorney with extensive experience in both juvenile proceedings and educational advocacy if your child is facing charges and expulsion. Learn more about juvenile delinquency here.
3. Look into an IEP. Requesting an IEP automatically halts expulsion proceedings and can block an expulsion if the IEP team determines that your child’s condition influenced his or her behavior underlying the expulsion offense.
4. Set for a Hearing. If you refuse to waive your child’s right to an expulsion hearing, the school may offer to settle rather than proceeding with the expulsion hearing. A settlement may be an offer to keep your child within the school district, often at another campus.
IEP’s (Individualized Education Plans)
When people hear “special education,” negative stereotypes often come to mind. Many brilliant students have IEPs, however, and the services available for all students with IEPs, including those with lower IQs, typically do not resemble the outdated negative stereotypes associated with special education. An IEP can make a huge difference in your child’s ability to thrive at school, whatever their struggle may be.
Who qualifies for an IEP?
IEPs provide support for students with issues spanning from anxiety to autism. Below are the categories of conditions that entitle students to have an IEP:
- Autism
- Hearing and/or Sight Impairment
- Emotional Disability (includes anxiety, depression, mood disorders, etc.)
- Specific Learning Disabilities
- Orthopedic Impairment
- Other Health Impairment (includes ADHD, diabetes, asthma etc.)
- Speech or Language Impairment
- Intellectual Disability
- Traumatic Brain Injury
- Multiple Disabilities
How does an IEP Help my Child?
The accommodations IEPs provide range from a half-hour of counseling per week to placement in a residential school out of state. Each IEP is supposed to be individually tailored to the student’s needs. Below are some examples of IEP accommodations:
- 1-on-1 aide or para-educator during regular classes
- Smaller class sizes
- Mix of special education classes and regular classes
- Permission to leave classroom when feeling overwhelmed
- Onsite counseling
- Shorter school days
- Preferential seating in class (near front or back)
- Longer time for tests
- Modified homework assignments
This list only scratches the surface of the accommodations available through your child’s IEP.
Some schools take pride in their special education program and offer great support to students. Other schools do not and will do everything in their power to block your child from obtaining the services they need to access an appropriate and free education. An attorney may be necessary if your child’s school is failing to provide an IEP that allows your child to access his or her education.
What is the process to get an IEP?
Submit a Request
Requesting an Individualized Education Program (IEP) evaluation is simple. You only need to ask the school to evaluate your child for an IEP "in all areas" where a disability may exist.
Once your request is received, the school has 15 calendar days to prepare an assessment plan for your review.
The best way to submit your request is by email to your child's principal, school secretary, and other members of the administration. Sending your request electronically creates a clear record of when it was submitted and who received it.
Complete the Assessment
After you sign and return the assessment plan, the school has 60 days to complete your child's evaluation and prepare an IEP report.
During this process, a school psychologist and other qualified professionals will evaluate your child using interviews, standardized testing, classroom observations, and other assessment activities.
The evaluation is designed to determine whether your child qualifies for special education services and what support may be necessary.
Review the Report
Once the evaluation is complete, the school will provide a written report explaining whether your child qualifies for an IEP.
If the school determines that your child is eligible, the report will include an offer of Free Appropriate Public Education (FAPE), outlining the services, accommodations, and educational supports the school proposes to provide.
You will review the report during an IEP meeting with school staff. Parents—and when appropriate, the student—may request changes, additional services, or modifications before the IEP is finalized.
Accept or Reject the Assessment Results
At your child's initial IEP meeting, the school will ask you to accept the results of its evaluation. This may include agreeing that your child qualifies for an IEP and accepting the proposed accommodations, or agreeing with the school's conclusion that your child does not qualify.
You are not required to sign the IEP at the meeting. Many families choose to take time to review the report, consult with an attorney, or discuss the findings with their child's physician, psychologist, or therapist before making a decision.
If the school denies your child's request for an IEP, you have the right to request an Independent Educational Evaluation (IEE) at the school district's expense. If the district believes an independent evaluation is not warranted, it may file a legal action seeking an order requiring you to pay for the assessment instead.
Should we Get an IEP or a 504 Plan?
It depends on what your child needs. An IEP offers more robust accommodations. Your child gets team meetings, a individualized plan with multiple services, and protections in school discipline proceedings. A 504 plan provides simpler accommodations but is available to a broader category of students. Another big advantage of a 504 plan is that it continues beyond high school, allowing for accommodations in college and beyond. IEP’s end after high school. You can discuss the pros and cons of an IEP versus a 504 plan with an educational rights attorney.
Her skills in depositions, trial work, and cross-examination are outstanding and she knows exactly how to elicit the right testimony. She fought for me during an especially difficult situation, where my ex was involved with his attorney — something that complicated the dynamics significantly.
Her balanced approach between litigation and settlement is rare and invaluable. Since my case was transferred to her, not only did I feel more protected legally, but my mental health significantly improved as well.
If you are looking for someone who will truly stand by you, advocate for truth, and handle even the most complex situations with skill and compassion, I can’t recommend Hali enough.
Schools can bulldoze you and your child without an attorney.
If you are unsure whether or not you need an attorney or if you have other questions, give us a call for a free consultation.
PROUDLY SERVING
Ventura County
We proudly represent clients in every city and community across Ventura County.
About Education Advocacy in Ventura County
Education advocacy sits at the intersection of school-district discipline law and disability rights. In California, student discipline is governed by Education Code Section 48900 (grounds for suspension and expulsion, including fighting, threats, weapons, drugs, and disruption) and Section 48915 (mandatory recommendation for expulsion). Students have due process rights at both suspension (informal notice and opportunity to respond) and expulsion (formal hearing before the district governing board or an administrative panel). For students with disabilities, the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq., adds substantial protections including manifestation-determination reviews before certain removals, and the right to an appropriate placement even during removal.
Related California statutes include Government Code Section 11500 et seq. (Administrative Procedure Act, governing certain hearings), and California’s special education framework under Education Code Section 56000 et seq. In Ventura County, expulsion recommendations are heard by district panels; if expelled, the student typically attends a Community Day School through the Ventura County Office of Education. Manifestation-determination reviews for IDEA-eligible students can convert a disciplinary removal into a placement change with continuing services.
Hali Ford advocates for Ventura County students at suspension conferences, manifestation-determination reviews, expulsion hearings, and IEP meetings. Because a school discipline record can follow a student to college applications and background checks, early advocacy matters. Related: juvenile law, juvenile delinquency. External resources: California Department of Education — School Safety & Suspension, and IDEA at U.S. Department of Education.
Free consultation — 805-853-FREE or contact us.