Students Have A Right To See Their Student Records

Access Rights

Parents and students have the right to inspect and review their educational records and to restrict the disclosure of those records to other people.  If a school fails to comply with this law, it can lose federal funding.

E.C. 49076, Fed. Family Ed. Rights and Privacy Act of 1974


California law also gives parents and students the rights to limit access, to inspect and to challenge the accuracy of school records.  Schools must inform parents of their right to appeal challenge refusals to the school board.

E. C. 49060 – 49078, Fed. Regs. 99.20c


Under federal law, “eligible students” have a right of access to their records if they are 18 years old.  In California, the law defines eligible as a student who is 16 years old or who has completed the 10th grade.

E. C. 49076


Record Access Policy

Schools must adopt a Record Access Policy consistent with the minimum requirements of the laws and make copies of that policy available, in writing, to parents and students upon request.

This policy must:

  1. inform parents and students of their rights to inspect and review their school records during initial enrollment and annually thereafter.

2.  explain the inspection procedure, when access may be denied, the cost for copies, a list of the locations where the records are kept and the titles and addresses of those responsible for those records.


3.  specify the right not to have personal student information disclosed to non-educational people without prior written consent of the parents and/or the students and the right to have their information disclosed only to school officials who have a professional need to know.


4.  show how parents and students can correct, amend, remove and appeal the recording of personal and educational information.

E. C. 49069, E. C. 49072 and C. C. R. Title 5, Sec. 431



How To Complain If These Rights Are Violated

If these student records rights are denied, you may complain to

The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington DC 20202-8520.


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. August, Ed. D.

at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

Cell Phones And Searches

Cell Phone Searches Only With A Warrant Or With Student Permission

To protect privacy and free speech in the digital age, California schools and other government entities must have a warrant or permission from you before they can search your cell phone, personal electronic devices, emails, social media websites, text messages, metadata and location digital information.

S. B. 178, 1/1/16, P. C. 1546 – 1546.4 


2014 United States Supreme Court

Cell Phone Searches

 Police cannot search cell phones without a warrant or an immediate threat of danger.

U. S. Supreme Court, Riley vs. CA, 200 U. S. 321, 337, 6/ 25/14 


Searches of Phone Messages And Texts Are Unconstitutional

In a letter to the Board President of Linden Unified Schools, Linden CA, The ACLU of Northern California, on behalf of student Justin Tomek, explained that the searching of his cell phone, by school people, and the reading of his text messages violated his rights on the grounds of unreasonable search and seizure.


The district agreed to rewrite its policy to conform to constitutional requirements and to instruct school personnel to follow the policy.


  • Fourth Amendment Of The United States Constitution
  • California Constitution:  See, http://www.aclunc.org/  
  • ACLU Letter to Linden School District, 3/3/08

2011 ACLU Report: H-E-L-L-O

Students Have A Right To Privacy In Their Cell Phones

 See the ACLU Report see at:

http://www.scribd.com/doc/78076443/Hello-Students-Have – a-Right-to-Privacy-in-Their-Cell-Phones


See a summary article of the ACLU Report at:

http://www.aclu-sc.org/releases/view/802944


Cell Phones – Rights, Regulations And Medical Needs

 School Boards may regulate the possession or use of any electronic signaling device by students. Students shall not be prohibited from using cell phones that a physician says is need for their health.   

E. C. 48901.5, S. B. 1253, 8/28/02


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. August, Ed. D.

at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

“Saturday School Sucks!” – 5/5

SATURDAY SCHOOL SUMMARY


Saturday School is illegal because:

  • It is on Saturday.
  • It is more than one hour of detention.
  • See E. C. 37223, 1987.

Detention is legal, but only:

  • On a regular school day and
  • Only for a maximum of 1 hour.
  • See C. C. R. Title 5, Sec. 353.

To read state law:


FROM OUR HANDBOOK ON STUDENT RIGHTS AND RESPONSIBILITIES


Saturday School may not be used as detention. Saturday School or Weekend Classes must be academic and not punitive.  Attendance shall be at the option of the student or the parent and classes shall be the same as those conducted during the regular school week which offer graduation credit.

E. C. 37223, 1987, Amended by Stats. 1991, Ch. 169, Sec. 1


The purpose of Saturday School is to provide supplemental educational opportunities, smaller student/teacher ratios, increased instructional time in core subjects and to improve academic achievement.


“Instructional programs” and “supplemental educational services” “may be offered during the summer, before school, after school, on Saturday or during intersession”…

Saturday School Act, 1988, Program Advisory, California State Department of Education, “Summer School Funding for Saturday Classes” 5/10/89


“It is the intent of the Legislature that students, who are at risk of failing to meet state adopted standard or who are at risk of retention, be identified as early in the school year and as early in their school careers as possible and be provided the opportunity for supplemental instruction sufficient to assist them in attaining expected level of academic achievement.

S. B. 1683, 7/5/00, E. C. 37252, E. C. 37252.2, .5, .6, .8 and E. C. 37253


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. August, Ed. D.

at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

“Saturday School Sucks” – 4/5

Some Alternatives To Saturday School


The alternatives for Saturday School, depending on the problem, are a combination of the following:

  • Teacher counsels the student during class or after school.  The problem is between the teacher and the student so the best solution is here.

  • Teacher calls the parents on the problem.
  • Teacher has a parent conference.
  • Teacher has a one hour detention after school which teacher supervises.
  • If this does not work, have another hour of detention on another day after calling the parents.
  • Teacher refers student to the counselor.

  • Counselor advises the student during class or after school.
  • Counselor calls parents on the problem.
  • Counselor has a parent conference with parent, student and teacher.
  • Counselor refers student to administrator.

  • Administrator counsels student during class or after school.
  • Administrator calls parents on the problem.
  • Administrator has a parent conference with student and teacher.
  • Administrator has a one hour detention after school which Administrator supervises.
  • If this does not work, have another hour of detention on another day after calling the parents. 

  • If a student continues to break a school rule, after all of the above has been tried, sometimes more than once, then suspension could be considered, but it must be discussed as an eventual option during all the steps mentioned.

Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. August, Ed. D.

at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

“Saturday School Sucks!” – 3/5

Saturday School Is Illegal! It’s True!!!


Saturday School may not be used as detention. Saturday School or Weekend Classes must be academic and not punitive.  Attendance shall be at the option of the student or the parent and classes shall be the same as those conducted during the regular school week which offer graduation credit.

E. C. 37223, 1987


The purpose of Saturday School is to provide supplemental educational opportunities, smaller student/teacher ratios, increased instructional time in core subjects and to improve academic achievement.

Saturday School Act, 1988


Laws which can help us understand the Saturday school code are:

  1. E. C. 51016: “Class” means an organized group of pupils within a school who are pursuing a particular course, subject or activity.

2.  E. C. 51011: “Educational program” means the entire school-sponsored offering for pupils of a district, including in-class and out-of-class activities.

3.  E. C. 51013:  “Curriculum” means the courses of study, courses, subjects, classes and organized group activities provided by a school.

4.  E. C. 51014: “Course of study” means the planned content of a series of classes, courses, subjects, studies, or related activities.

5.  E. C. 51015: “Course” means an instructional unit of an area or field of organized knowledge, usually provided on a semester, year or prescribed length-of-time basis.


The legal definition of “class” is the most operative concept in this explanation.

Both E. C. 37223 and the Saturday School Act of 1988 are academic alternatives for instruction.  In E. C. 37223, the central words are classes and programs. Class or classes are used nine times and program or programs are used five times.

In paragraph (a), all the examples of classes or programs are academic.


In paragraph (b), attendance credit is limited to five days per week which demonstrates the significance of the fiscal nature assigned to the idea of a class which is instructive and educational and not detentional or punitive both of which are never mentioned or even alluded to.


In paragraph (c), attendance at classes on Saturday or Sunday shall be a parental choice for minor students. Traditional Saturday schools are historically a choice between detention or suspension which negates the freedom of choice.  Asking parents to choose between something which may be legal, suspension, depending on the student infraction, and something which is illegal, Saturday school as a legitimate form of detention is an inappropriate and dishonest stance for professionals to model.  It places us above the law for convenience sake and teaches students that the ends justify the means.


This paragraph also states that school boards may require truants to attend makeup classes on the weekend.  Key concepts here are truants and classes.  We already understand how classes are legally defined.  The board prerogative is sound, but they must remember that according to E. C. 48900 (s) it is the intent of the Legislature that alternatives to suspension and expulsion be imposed against any student who is truant, tardy or otherwise absent from school. Therefore, if Saturday school is truly an alternative to suspension, it must be a board approved class which teaches a curriculum from which truants have been absent.


Paragraph (d) states clearly that any Saturday class which is offered shall be one offered during the regular school week.  Again, class is the emphasis and specifically a class which is offered during regular instructional time and classes offered during regular instructional time are taught only by credentialed teachers who teach from a state and board designated curriculum which is now based on specific and demanding state standards.


In paragraph (e) average daily attendance is mentioned in relation to programs.  All the examples of daily attendance are programs which are for those mentally gifted or in special education activities. All of this relates to the nature of class as instructional and educational and not detentional.


According to C. C. R. Title 5, Sec. 353, students may not be required to remain after school for disciplinary reasons for more than one hour. Saturday school is usually 2-4 hours and it does not happen after school which violates the law on two accounts.


Detention is legal and an appropriate alternative for some behavioral situations.  It is appropriate for detention to be punitive, but insightful educators also incorporate the rehabilitative nature of detention for the welfare of the student, the teacher, the class associated with the offending student and for the specific enhancement of the learning environment.  The most effective detention is one developed and supervised by the person with whom the violation is associated.  If the student misses my class or is disruptive in my class, then I am the teacher who knows the student best, who will be personally involved with the student for the longest time and the one who has the most at stake in seeking a change in behavior. For the most part, the student belongs in my detention.


When Saturday school simply isolates and detains without specific problem solving counseling, it is of no value.  To only house students on the weekend for long periods of time with minimal essays, reading or even homework experiences or just with orders to be quiet is a dismal methodology for positive behavior change.  Much more is expected of us.


Boyer P. August, Ed. D., M. S.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

“Saturday School Sucks!” – 2/5

Saturday School is detention on a non-school day for students who mis-behave on a school day.  Detention, on school days, is appropriate, but “Saturday School”, whenever used as discipline, still “Sucks” for legal, intellectual, psychological and common sense reasons.


Saturday School Is Illegal. “Strike One!”

Title 5, Section 353 of the California Administrative Code allows for detention only on school days and only for a maximum of one hour. Saturday School is always on a non-school day and usually for two-four hours.

Often, Saturday School is offered to students in lieu of suspension which some students and most parents gratefully accept, not knowing that the offer, itself, is illegal.

  • Suspension is a legal consequence for serious mis-behavior.  E. C. 48900
  • It cannot be offered to promote Saturday School which is an illegal activity.
  • Suspension is appropriate only as a last resort after a number of other alternatives have been used, some more than once, and the student’s behavior has not changed. E. C. 48900.5
  • Suspension is not voluntary.  Saturday School, in its true form, is voluntary.

Saturday School Is Illegal. “Strike Two!”

The California Legislature passed Education Code 37223 in 1987 and “The Saturday School Act of 1988”:

  • To provide supplemental educational opportunities for students through instruction,
  • To motivated student with instruction in smaller student/teacher ratios,
  • To increase the instructional time in core academic subject areas and
  • To improve academic achievement in low-performing schools. Notice the emphasis on educational opportunities, instruction and academic achievement.

Saturday School Is Illegal. “Strike Three!” and for some, this means 25 years to life.

Education Code 37223, Weekend Classes, is a curricular alternative and not authority to discipline students.  The language and…e-mail me for the rest of the article.


Boyer P. August, Ed. D., M. S.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

“Saturday School Sucks!” – 1/5

Perhaps an offensive comment to some adults, but an incisive, street indictment of how students are routinely warehoused with senseless weekend punishment through direct violation of state, educational laws.

The California Legislature passed Ed. Code 37223, 1987 and “The Saturday School Act of 1988”:

  • To provide supplemental educational opportunities for students through instruction,
  • To motivated student with instruction in smaller student/teacher ratios,
  • To increase the instructional time in core academic subject areas and
  • To improve academic achievement in low-performing schools.

Saturday School, for many administrators, is a moonstruck, media fantasy.  After the mid-1980’s film, “The Breakfast Club”, an excellent movie in its own right, some school people abandoned their thinking caps and engaged the Hollywood solution for students who disturbed the status quo.Saturday School is illogical and educationally unsound. It punishes rather than rehabilitates. With Saturday School, educators intimidate rather than teach. They separate students from the source and solution of their problems and incarcerate them for several weekend hours with a person and tasks unrelated to their behavioral issues.

Saturday School is illegal.

  • Title 5, Section 353 of the California Administrative Code allows for detention only on school days and only for a maximum of one hour.
  • Saturday School is always on a non-school day and usually for two-four hours.
  • It is a highly paid baby-sitting situation and a mis-use of public funds.  It is a reason why public education, in some areas, embarrasses itself.

Saturday School defies the principle of accountability as it abuses the rights of students to learn.  It denies students the presence of intelligent, caring and wise teachers and flies in the face of sound education.

Saturday School destroys our responsibility as teachers “to prepare all of our students in a safe and educationally rich environment to flourish as responsible, ethical and productive citizens.”

If left unchecked, this prison mentality will exploit the children who have been entrusted to our care.

Students, parents and educator must protest this abuse lest we continue to self-destruct.


Boyer P. August, Ed. D., M. S.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

Did You Know That It Is Illegal When…

  1. You Are Embarrassed, In Front Of The Class, By A Teacher?
  • Penal Code 273 a

2.  You Serve Detention During Lunch Or On Saturday?

  • California Regulations, Title 5. Sec. 304, 352 & 353; Education Code 37223, 37252 and 37253

3.  You Are Given Laps Or Pushups As A Punishment?

  • Education Code  49000, 49001, California Department of California Program  Advisory 88/9-5 12/23/88

4.  You Are Not Allowed To Go To The Bathroom?

  • E. C. 49000, 49001, Assembly Bill 1617 1069, 1/87

5.  You Are Locked Out Of Your Class?

  • California  Supreme Court Decisions: Ward, 1874 and Serrano, 1976
  • U. S. Supreme Court Decisions: Brown, 1954, Tinker, 1969, Wood, 1975 and Goss, 1975
  • Federal and California State Constitutions

6.  You Pay For Parking Spaces?

  • California  Supreme Court Decision Ward, 1874 and Hartzell, 1985
  • California State Constitution, Title 5, Sec. 350 and Education Code 49011 (e)

Boyer P. August, Ed. D., M. S.

Teacher, Administrator, Therapist, Consultant, Student Advocate


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy


For Free Counseling, Free Brochures,

Free Advocacy Resources And Free Cuckoo Nest Articles

Contact Boyer P. at boyerpa@pacbell.net and 510-499-6712


See our Website at www.studentrightsatschool.org

Free, K-12, Student Rights, Educational Help Since 1975


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest – Ken Kesey, 1962

Posted in Uncategorized | Leave a comment

Why Some Homework Does Not Work # 3, The End For Now…

“One Flew East And One Flew West And One Flew Over The Cuckoo’s”

Ken Kesey 1962


What Do You Mean My Kid Doesn’t Have Homework?

By Samantha Hulsman

December 6, 2016

While sitting down at my computer to commence a brain dump on all the things I want to say about this topic, I’m simultaneously fussing at my middle schooler to start his homework on the last of our days off from Hurricane Matthew. It wasn’t always this way. He used to come home right after school, get right to work, and be finished within 30 minutes. And then seven classes started assigning homework. Now, my kid, who’s as academic as he is athletic, says he hates school. I say, “No, darlin’. You just hate homework.”

As a sympathetic educator, I used to listen to parents share stories about how homework that should take 30 minutes was instead a three-hour fight. On a case-by-case basis, we’d adjust the homework to make it less stressful on the family. And then I started wondering, what about the parents who aren’t coming in for conferences? What’s going on in the families of kids who never do their homework?

Becoming a connected educator has shifted my thinking on a variety of educational issues, including the topic of homework. A blog post by educator Justin Tarte in November 2014, “5 Alternatives to Traditional Homework,” catapulted me in the direction of changing my homework practices forever. It was a few weeks before Thanksgiving, so when I read about assigning alternative homework over the holiday break, I jumped at the chance to try it. Students and families were happy with the shift, as you can see in this photo and testimonial: e-mail me for “the rest of the story”…


For Free Counseling, Free Brochures, Free Cuckoo Nest Articles And Free Advocacy  Resources, Contact

Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate

@

boyerpa@pacbell.net, 510-499-6712 and http://www.studentrightsatschool.org


Free, K-12, Student Rights, Educational Help Since 1975


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy

Posted in Uncategorized | Leave a comment

Why Some Homework Does Not Work # 2

“One Flew East And One Flew West And One Flew Over The Cuckoo’s”

Ken Kesey 1962


Rethinking Homework By Patty Blome Grades: 9–12

While revising a unit on “Crime, Punishment, and Teens”, I became nervous that I was short on time to complete all our investigations regarding the punishment teens face if they commit serious crimes. I feel so strongly about these investigations; they really help students develop objective positions on this topic and provide great springboards for spirited class discussions. Should I assign them for homework? Can I trust that all of my students will give it its due diligence?

In the end, I decided that…[E-mail me for more.]


Rethinking Homework by Alfie Kohn

After spending most of the day in school, children are typically given additional assignments to be completed at home. This is a rather curious fact when you stop to think about it, but not as curious as the fact that few people ever stop to think about it.

It becomes even more curious, for that matter, in light of three other facts:

  1. The negative effects of homework are well known. They include children’s frustration and exhaustion, lack of time for other activities, and possible loss of interest in learning. Many parents lament the impact of homework on their relationship with their children; they may also resent having to play the role of enforcer and worry that they will be criticized either for not being involved enough with the homework or for becoming too involved.

2. The positive effects of homework are largely mythical. In preparation for a book on the topic, I’ve spent… [E-mail me for more.]


For Free Counseling, Free Brochures, Free Cuckoo Nest Articles And Free Advocacy  Resources, Contact

Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate

@

boyerpa@pacbell.net, 510-499-6712 and http://www.studentrightsatschool.org


Free, K-12, Student Rights, Educational Help Since 1975


“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert Kennedy

Posted in Uncategorized | Leave a comment