California Middle and Elementary Education Issues
Parents know how important thriving in school is for a child's self-esteem, social development, and future success. But middle and elementary school students in California can have this critical part of their young lives disrupted by a wide variety of challenges at school. These struggles can have consequences that can impact them for the rest of their lives. If a child in your care is accused of wrongdoing, failing to progress academically, not getting the support they need, or otherwise in conflict with their educational institution, it is critical to take the issue seriously and use all the resources at your disposal to get them back on the road to success. The stakes are higher than you might think.
California Middle and Elementary School Academic Misconduct Charges
Even young students can face academic misconduct charges. California Education Code Section 35291.5 authorizes elementary and middle schools to adopt disciplinary rules and procedures, including for cheating, plagiarism, and other forms of academic dishonesty. California Education Code Section 48900 further authorizes schools to suspend, dismiss, or otherwise discipline students for disrupting school activities or defying school instructors or officials.
The Sacramento Unified School District's California Middle School, for example, maintains a student handbook threatening students with discipline for “any student who plagiarizes, or gives or receives information for use on an exam….” Academic misconduct, especially when combined with other forms of misconduct, could result in school suspension or dismissal, and alternative disciplinary placement.
California Middle and Elementary School Behavioral Misconduct Charges
California students also face behavioral misconduct charges. California Education Code Section 32280 provides that schools from kindergarten to grade twelve are to provide for that safe learning environment. California Education Code Section 35291.5 further authorizes elementary and middle schools to discipline with suspension or expulsion for things like weapons or drugs in school, fighting, assault, bullying, and other grounds that California Education Code Section 48900 lists.
The Los Angeles Unified School District, for example, maintains a zero-tolerance policy relating to weapons in school including toy or facsimile guns. Similarly, the Orange County Department of Education maintains a student discipline guide encouraging local public schools to discipline students for guns, drugs, assault, robbery, and many other wrongs. Under these and similar student conduct policies, behavioral misconduct can result in immediate out-of-school suspension followed by dismissal and referral to an alternative disciplinary placement.
California Middle and Elementary School Academic Progression Issues
Even though young students are just starting their educations, they can be punished for not progressing academically. California Education Code Section 48900 specifically lists failure to progress among its many grounds on which a middle or elementary school may suspend, dismiss, or otherwise discipline a student. The same section of California's Education Code lists related disciplinary grounds contributing to a failure to progress, including truancy, excessive absences, and tardiness.
The San Francisco Unified School District, for example, maintains a student discipline policy that authorizes discipline when students are “off task, out of seat, talking out of turn, talking back, using profanity, failing to complete assignments, failing to follow instructions, coming into class late, and failing to bring supplies or materials.” The district's student promotion and retention policy specifically permits the district to retain rather than promote a student over parent objection. Failure to progress can contribute to discipline, especially when combined with other alleged misconduct.
California Middle and Elementary School Disability Issues
California school students must also contend with issues gaining the disability accommodations that state and federal law require. California, like other states, must comply with the federal Individuals with Disabilities Education Act (IDEA) requiring elementary and middle schools to provide a free appropriate public education (FAPE). Under federal and California law, schools must maintain an Individualized Education Program (IEP) for students with disabilities.
California's Department of Education staffs a Special Education Director's office to issue official letters clarifying the many obligations of public schools to provide disability accommodations. The required accommodations can include modified class schedules, assistive devices, readers, note-takers, modified lighting, sound protection, counseling, and a host of other aids and services. When a student under an IEP faces discipline for alleged misconduct, federal law requires the school to conduct a manifestation determination as part of the adjudication process.
California Education Attorney Advisor Services
The Lento Law Firm can help your student face these challenges, ensure they are treated fairly under state law and school procedure, and advocate for the best possible outcome.
Attorney Joseph D. Lento's Education Law Team can help you evaluate the school's charges, your student's procedural rights, and your student's exonerating or mitigating evidence to counter those charges. They can help you determine your student's best interests and help you develop and deploy a strategic plan to satisfy those interests. Your attorney can also help you answer the school's communications and charges, raising appropriate defenses with exonerating and mitigating evidence. They may invoke the school's procedures for informal resolution conferences, discovery of the school's evidence, and fair hearings and appeals. The Lento Law Firm may also negotiate with school officials and district oversight officials, including general counsel or outside retained counsel, for alternative special relief. And your attorney advisor may research, brief, and argue federal and state laws and regulations mandating or advising your student's special rights and relief.
Where the Lento Law Firm Can Help
The Lento Law Firm's Student Defense Team represents and defends elementary and middle school students nationwide, including across California. The skilled and experienced attorney advisors on the Lento Law Firm's Student Defense Team can represent your California elementary or middle school student at any of these locations.
Student Defense in Southern California School Districts
The Lento Law Firm's Student Defense Team is available across Southern California from the San Diego Unified School District north to the Poway Unified School District, Capistrano Unified School District, Irvine Unified School District, Santa Ana Unified School District, Compton Unified School District, and Long Beach Unified School District, and all points in between.
Student Defense in Central California School Districts
The Lento Law Firm's Student Defense Team is available across Central California from the Bakersfield City School District north to the Fresno Unified School District, Stockton Unified School District, Sacramento City Unified School District, and others.
Student Defense in Northern California
The Lento Law Firm's Student Defense Team is available across Northern California from the San Jose Unified School District north to the San Francisco Unified School District, and the Santa Rosa City Schools, and all other area schools.
Premier California Education Attorney Advisors
No matter your location in California, retain the Lento Law Firm's premier Education Law Team and national education attorney advisor Joseph D. Lento to help your California middle or elementary school student with their school challenges. Their years of nationwide experience set them apart. Call 888.535.3686 or go online now for skilled and experienced attorney advisor defense in California.
