Wednesday, March 21, 2012

We won the battle

We won one battle and still fighting the war. What battle you ask...

In December 2011 I received a call from the school VP that my son had pulled a fire alarm and was suspended and I needed to pick him up immediately. I was at a loss for words, and rushed to the school, stressed I would be greeted by the fire department and cited by the city. I arrived, didnt see any fire engines. Ran into the office only to be greeted by my son in the office and not one administrator insight. I asked my son what was going on, "I don't know" he said as we walked out to the car.
Me "are you suspended?"
Him "no"
Me "did you pull the fire alarm?"
Him "no"
Me "why are you being sent home?"
Him "I don't know"
Me "what happened?"
Him "We were bowling in PE and I bounced the ball, it hit the cover to the fire alarm, the cover fell off, I tried to pit it back on but it was broken and started beeping"
Me "did the fire alarm sound, dud the fire department show up?"
Him "no"
Me "then why did they call and say you pulled the alarm?"
Him "they questioned some girls who don't like me, that said they saw me but weren't even around and they said I pulled it."

So immediately when I arrived home I emailed the school VP to address the situation. No response. I sent my sin to school the next day as we had not been informed how long the suspension was for. He wasn't sent home so I assumed he was telling the truth and all had been forgotten. About a month later I resent my email along with an inquiry as to what the event had resulted in. A week later I received a phone call from the school VP stating that Brandon had indeed been suspended and they had forgotten to file a suspension and would be doing so immediately. I lost my cool, realized I had lost my cool and got off the phone as quickly as I could.

You see I have dabbled in Education Law, along with my parents who both are genuine advocates to those who are unfamiliar with Ed Code, and knew it was illegal/that the statue if limitations had exceeded to file a suspension. I phoned my mother who was as equally upset and and uttered that according to California Education Code 48911 they must notify me in writing of the suspension and establish a parent teacher conference within two days of the suspension - neither occurred. The next day the written notification if suspension arrived via mail and the date had been post dated to the date the incident occurred (one month earlier).

So immediately I forwarded this information to the Principle. When I was not responded to I contacted the Superintendents office to appeal the suspension. I was referred to the Assistant Superintendent and another month passed and finally, after mentioning that they were now in violation of Ed Code 48911 (g) and 48914 that states I have the right to appeal the suspension to the district Superintendent, I was informed (by email) that the suspension was being removed from my son record.

I must admit I was hesitant to open my email. Normally it's just something else, another excuse that the have and I have to debate it, or prove their are wrong. I was having a good day and wasn't sure I wanted to ruin it. But refreshingly it was what (somewhat) I wanted to hear. The Assist Sup was having all record of the suspension removed from my sons file and from their electronic records. Although my son wasn't found innocent of the incident, the actions of doctoring paperwork by post dating the suspension, and failing to abide by CA Ed Code suspension procedures, was reason enough to dismiss the suspension.

I was torn to tell my son of the news. I wanted to relieve him of the stress the suspension and accusations caused him and let him know it was no longer in his records, but was fearful he'd ask how and would be hurt furthermore, that it wasn't because they truly believe him innocent. Nonetheless I told him. He didn't ask how it came about but was grateful I pushed the issue and felt some relief!

So.... YAY!

As I mentioned in my opening though...this is only one battle won. The war may never be over (been going on since he entered 1st grade) but at least they (the district administrators and school administrators) know, I know my and my students rights. I know where to look. I know who to ask.

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