Judge says court can appoint education rights holder in AB490 expulsion matter

At a hearing in case AB490, the judge said the court can appoint an educational rights holder for Alex and proceed immediately with education decisions related to an expulsion while the court or the student’s counsel seeks a long-term appointee.

The issue matters because an education rights holder — an adult who can make schooling decisions for a student — must be someone the student trusts and who is legally permitted to act. The judge noted the appointment process can move “quite swiftly” so the student’s education needs can be addressed without waiting for the next court date.

During the hearing the judge asked, “Who is your education rights holder? … it appears that it is Jessica Smith.” Alex’s attorney responded, “that was 3 placements ago. She no longer has a relationship with her.” The judge told the court it was important to appoint “someone that Alex has a relationship with. Someone that Alex feels like she can talk to about school and be heard.”

The judge listed limits on who may serve as an education rights holder: the person must be over 18 and cannot have a conflict of interest. “No. Unfortunately, it can't be someone with a conflict of interest. That includes a social worker. It cannot be a social worker. It cannot be, someone that they work with, or live with. It can't be those staff,” the judge said. The judge also said the role can be filled by a foster parent or an adult sibling if the person is willing and able to make important educational decisions.

Alex asked, “Can it be my attorney?” The judge replied that an attorney may not serve because of conflict-of-interest rules. Alex asked whether a volleyball coach could serve, saying, “I play club volleyball and I feel really comfortable with them and I feel like they listen.” The judge said a coach could serve if willing and able to take on the responsibilities and be available to make education decisions.

Alex’s attorney told the court, “I will reach out to her coach and see if she wants to do it. If so, I'll do the appropriate documentation and forms and have it submitted to the court to have her appointed.” The judge added that, while the court works on a formal appointment, “we don't need to wait until your next court date. We actually, as the court, have the ability to make education decisions for you.”

No formal appointment was recorded in the transcript. The explicit next steps in court were that counsel will contact a potential appointee and submit paperwork; the court indicated it can appoint someone swiftly if needed and can make interim education decisions in the meantime.