Center for Educational Equity September 12, 2009

Presented byKimaka Nichols-Graham, Esquire

South Carolina Legal Services

South Carolina Legal Services

Mission StatementSCLS is a statewide law firm that provides civil legal services to protect and represent the rights and interest of low income South Carolinians.

• We are a PRIVATE agency.• We are a NON PROFIT agency.

What does private non profit mean?

• We are not a state, local or federal government agency.

• We do not charge or accept attorney fees. • We do not charge application fees. • If you accept your case you may have to

pay court filing fees and court costs, if we can not get them waived.

SCLS Offices

• We have offices located in Charleston, Columbia, Conway, Florence, Greenville, Greenwood, Hartsville, Orangeburg, Rock Hill, and Spartanburg.

• We have another office in Columbia that only does telephone intake services.

• LATIS 1-888-346-5592

Attorney Fees

• We do NOT ask for or accept attorney fees.

• We do NOT charge application fees.

• If we file something for you, then you may have to pay court costs and the filing fee if we can’t get them waived.

Type of Cases

• We accept education cases including special education, school discipline, school enrollment, school fee disputes and other education issues.

• We also accept certain elder, family, consumer, public benefits, housing, and IRS cases.

Requests for Information

• We can not lobby on a local, state, or federal level.

• We CAN respond to requests for information about current laws or policies that may affect low income people.

• Please put your request in writing.• Email is acceptable.

Things have changed in education.

Schools are institutions now.

Parents and students should know rights and responsibilities

to navigate through the sometimes very complicated

experience.

THE STATE’S PROMISE

Free and public education

Minimally adequate

South Carolina promises to giving us a free and public minimally adequate education.

THE FEDERAL PROMISE

Once the state provides an education they will not be allowed to discriminate on the basis or race, national origin, sex, religion or disability.

What is free?

• Usually free means no cost, but school districts are allowed to charge matriculation or incidental fees to the general school population.

• Students that receive free lunches do not have to pay fees.

• Students that receive reduced priced lunches can be charged reduced fees.

The Education Opportunity

• Every school year is the beginning of a new opportunity.

• You must protect the opportunity.• Ownership is important.• If any student is given the opportunity,

make sure that your child gets a fair share.

Maintain the Opportunity• You are responsible for maintaining the

opportunity to receive a public education.• Parents must sure that children attend

school and have what they need to participate.

• Students must make sure that they do not hurt another student.

• No one is allowed to harm or threaten school employees.

You are responsible.

You must do your part.

Attendance• Children must attend school in SC.• 3 absences back to back will trigger an

intervention to solve the problem.• 5 unexcused absences will trigger an

intervention. • Most schools allow 10 unexcused absences

before they get serious about truancy. • In SC children can be sent to jail for not going to

school

Unfortunate Circumstances• When a child is living with a relative because of

an unfortunate circumstance the relative might be able to use an affidavit for enrollment.

• Homelessness, illness, abuse or neglect, abandonment, and incarceration are some things that get a child enrolled without a custody order.

• You can NOT use an affidavit just to get a child into a better school.

Create a Partnership• The goal is to create a positive partnership

between your family and the school.• Nobody is perfect, so make sure that you

are in a situation to receive the benefit of the doubt.

• Get involved and make positive contacts with the school before you have to deal with the first problem.

• People are people.

School Records

• Your have the right to review and request to amend school records.

• School records are “those records, files, documents, and other materials which (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20 U.S.C. 1232(a)(4)(A).

School Record Disputes

• The school has 45 days to allow to you view the record.

• If a record is false or misleading, you can ask for it to be changed.

• The worse case scenario is they refuse to change the record, you request a hearing, you lose the hearing, and get to place your statement in the record beside the disputed record.

Non-custodial Parents

• Even if you were never married the other parent has a right to review school records unless, you have a court order that specifically revokes that right.

Custody DisputesAt School Without Orders

• If there is no custody order, then married parents have equal rights.

• If the parents never married, we have conflicting laws and the police decide.– One law states that women have custody of

children born out of wedlock.– One law states that parents have equal rights.

The Tug of War

• Yes schools often get caught in the middle of the tug of war.

• While you are making wild allegations to get the school to see things your way remember that school employees are mandatory reporters of abuse and neglect.

• Keeping the child out of school is not the best course of action.

Bullying

• We a specific law that deals with bullying but it only helps the school district’s create a policy. It doesn’t not help parents make the school act.

• South Carolina School Crime Report Act.• Disturbing Schools• Assault and Battery• SC Tort Claims Act

Affects of Bullying

• Children retaliate by threatening or harming the bully.

• Children are hurt by the bully.• Children withdraw from the educational

process. • School accepts a culture that tolerates or

rewards bullying. • Vulnerable children need professional

help.

Sexual Harassment

• Your child has a right to attend school without being harassed by another student or school employee.

• You must tell the school for it be responsible for punishing the other person and protecting your child.

• The school has to have a chance to correct the situation before it is close to being liable.

Anger Management

• You must control your anger, even if you have a good reason to be angry.

• When you report bullying, sexual harassment, or anything at the school you can not pose a threat.

• If you handle the situation badly, then you could be arrested for disturbing schools.

Documentation

• If there may be legal consequences, then document the conversation.

• Sending a follow up letter by certified mail may be the one thing that gets some one to do what you think needs to be done.

• It lets them know that you are serious.• Keep a signed and dated copy.

Chain of Command

• Normally complaints should go up the chain of command. Start with the teacher and work your way to the school board, if nothing happens.

• However, serious incidents should be reported to the teacher and the principal as soon as possible.

High School Graduation

• Your child needs to be on grade level during middle school to embark upon a state diploma.

• If your child is not working on grade level, consider having them tested privately or by the school for a learning disability.

• Normally, the goal is a High School Diploma.

Special Education

• There are mixed feelings about this program.

• If there is a disability that can not be off set any other way, then this program serves a useful purpose.

• Cultural Barriers.• Parent expectation and participation is

crucial.

Securing Services

• The disability must be identified and fit into one of the categories.

• A parent needs to participate in deciding the placement and supplemental services.

• Always consider the least restrictive environment.

• Ask for an IEP meeting at any time to address problems.

The Disagreement

• When you disagree with the school about something in the IEP or something that needs to be added to the IEP, think logically.

• Make reasonable arguments.• Explain why what you want is specific to your

child’s individual needs.• Explain why it needs to be addressed now to

secure independent living employment, or further education upon graduation.

Conflict Resolution

• Seek legal advice before you request a due process hearing.

• Try to get an attorney that practices in that area to give you an opinion on whether your request is reasonable and protected by special education law.

• Ask that attorney to attend an IEP meeting to help you solve the problem.

Getting Out of the Program

• The IEP team has to agree that the child is no longer qualified for services.

• It is your job to convince the team.• You may have to set up an exit plan by

creating more challenging IEPs to close any gaps.

School Expulsion

• At the beginning of every school year, you should make sure that your child knows the rules and consequences.

• Zero tolerance creates situations that parents and attorneys may not be able to detangle.

• The school district has the right to expel for the remainder of the school year or longer if a firearm was involved.

Expulsion Proceedings

• Different districts handle these proceedings differently.

• Every where in SC you have a right to question witnesses, an opportunity to be heard, a right to call witnesses, a right to an attorney, and ultimately a right to appeal.

SCLS CONTACTS

• For general legal help you can apply for legal services by calling 1-888-321-3644.

• You can call me for education issues at 864-679-3259. Requests can be emailed to kimakanichols-graham@sclegal.org