No More High School Exit Exam Requirements For Graduation

Students will no longer be required to pass the California High School Exit Examination as a condition for graduation.  Any student who previously completed grade 12 and met all graduation requirements, other than the passing the exit exam, will be granted a graduation diploma.

S. B. 172, 11/7/15


The exit exam will no longer be a graduation requirement.

S. B. 725


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


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


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

Changing A Grade And Excused Absences

Students have a right to request that any grade be changed.  Numerous levels of appeal exist at the teacher, principal, superintendent, board and court levels.

Grades are final unless you can prove mistake, fraud, bad faith or incompetence

E. C. 49066


Excused Absences

Excused absences include illness, quarantine, medical, dental, optometrical, or chiropractic appointments, funeral services for the immediate family and the illness or medical appointment of a child of whom the student is the custodial parent.

Justifiable personal reasons include, but are not limited to, a court appearance, a religious holiday or retreat, attendance at a funeral service or an employment conference when parents request an absence in writing and the principal approves it.

Students, who are excused from school for justifiable personal reasons, shall be allowed to complete all missed assignments and tests during the absences with full credit available.

These assignments and tests must be reasonably equivalent to those given during the excused absences.

E. C. 48205 a. and b.


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


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


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

Physical Pain At School Is Child Abuse And It Is Illegal

Corporal Punishment Is Physical Pain 

The Legislature declares that the protection against corporal punishment, which extends to other citizens, should include children while they are under the control of the public schools.

Children of school age are at the most vulnerable and impressionable period of their lives and it is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this tender age, at least equal to that afforded to other citizens.

E. C. 49000


Corporal punishment of students by public school officials is legally prohibited. Corporal punishment means “the willful infliction of or the willful causing of the infliction of physical pain on a pupil.”

Examples of Corporal Punishment include:

  1. Making disruptive students do push-ups, run laps or perform other physical acts which cause pain or discomfort as a punishment.

  2. Paddling, swatting, slapping, grabbing, pinching, kicking or otherwise inflicting physical pain.

  3. Hitting, shoving, pushing or physically restraining a student.

  4. Refusing to allow students to go to the bathroom.

Teachers or school officials who violate this code and administer corporal punishment may face substantial personal civil liability for their actions.

E. C. 49001, A.B. 1617, Chp. 1069, 1/87

Law In The School, For CA Schools, 6th Edition, 8/00


For more information on Corporal Punishment, see

“Project No Spank” at www.nospank.net by Jordan Riak

Author of California Anti-Corporal Punishment Laws A. B. 1617

PTAVE, Parents and Teachers Against Violence in Education


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


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


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


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

Mental Pain At School Is Child Abuse And It Is Illegal

Any circumstances, conditions or person who produces, permits or inflicts unjustifiable physical pain or mental suffering on any child or causes the child to be injured or the child’s health to be endangered shall be punished by imprisonment from one to six years.

P. C. 273 a


Students have a right not to be physically or verbally abused.  They must not experience mental suffering or unsafe situations while under school care. These violations are misdemeanors.

P. C. 273 b


Boyer P.

Teacher, Administrator, Therapist, Consultant, Student Advocate


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


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


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

Fees For Classes, Locks, Lockers, Musical Instruments And Uniforms Are Illegal

Schools Do Not Have The Authority To Charge Fees For:

Elective or compulsory classes taken for graduation credit.

A.B. 1575 and E. C. 52612 (a)

Deposits for locks, lockers, books, class apparatus, musical instruments, uniforms or other equipment.

E. C. 49010 (b) and E. C. 49011

California Constitution Art. IX, Sec. 5

California Attorney General, No. NS 2469 (1940), No. NS-4114 (1942)

Fiscal Management Advisory 12-02, 4/24/13, at http://www.cde.ca.gov/re/lr/fm/fma1202.asp


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


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest

Ken Kesey, 1962


Posted in Uncategorized | Leave a comment

It Is Illegal When You Are Given Laps Or Pushups As A Punishment

CORPORAL PUNISHMENT

The Legislature declares that the protection against corporal punishment, which extends to other citizens, should include children while they are under the control of the public schools.  Children of school age are at the most vulnerable and impressionable period of their lives and it is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this tender age, at least equal to that afforded to other citizens.

E. C. 49000


Corporal punishment of students by public school officials is legally prohibited. Corporal punishment means the willful infliction of or the willful causing of the infliction of physical pain on a pupil.  Examples of corporal punishment include:

  1. Making disruptive students do push-ups, run laps or perform other physical acts which cause pain or discomfort as a punishment.

  1. Paddling, swatting, slapping, grabbing, pinching, kicking or otherwise inflicting physical pain.

  1. Hitting, shoving, pushing or physically restraining a student.

  1. Refusing to allow students to go to the bathroom.

Teachers or school officials who violate this code and administer corporal punishment may face substantial personal civil liability for their actions.

  • E. C. 49001 – A. B. 1617, Chp. 1069, 1/87
  • Program Advisory, California Department of Education, CIL: 88/9-5, 12/23/88 – Law In The School,
  • A Guide For California Schools, California Department Of Justice, 6th Ed., 8/00, p. 43

The actual California Law on Corporal Punishment reads…

E-mail me for details.


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


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest

Ken Kesey, 1962


Posted in Uncategorized | Leave a comment

Fees for Graduation Caps and Gowns Are Prohibited

School districts cannot require students to buy or rent a cap and gown if wearing a cap and gown is required for participation in their graduation ceremony.


Also, “No student should be required to self-identify as indigent in order to receive a cap and gown from the district.”


The California Department of Education (CDE) directs that graduation ceremonies are an integral part of the educational process and therefore an “educational activity” for which participation may not be based on the payment of any fee.

E. C. 49011(e)

California Department of Education (CDE) 10/4/13

See Fiscal Management Advisory 12-02 Pupil Fees, Deposits, and Other Charges at http://www.cde.ca.gov/re/lr/fm/fma1202.asp


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


One Flew East And One Flew West And One Flew Over The Cuckoo’s Nest

Ken Kesey, 1962


 

Posted in Uncategorized | Leave a comment

Recess and Lunch Detention Are Illegal

Lunch Time And Recess Detentions Prohibited Students shall not be required to remain in school during the intermission at noon or during any recess.

C. C. R. Title 5, Sec. 352

Students shall leave the schoolroom at recess unless it would occasion an exposure of health.

C. C. R. Title 5, Sec. 304

A School Board may adopt reasonable rules for teachers to restrict students for disciplinary reasons during recess.

E. C. 44807.5, 1981      

It is illegal to require students to perform work or services which are detrimental to their health.

C. C. R. Title 5, Sec. 351


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

Students Have A Right To See Their School 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