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California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: Can I plead the fifth in High School?

If I am accused or have been under suspicion of using AI to write an essay, can I plead the fifth if my teacher attempts to interrogate me about the situation?

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answered on Mar 12, 2024

In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools. This means that you cannot technically "plead the Fifth" when questioned by a teacher or school administrator about... View More

1 Answer | Asked in Education Law for California on
Q: Is it school in California liable for sports uniforms or equipment damaged in their care?

Sorry. That should read “Is a school liable”…

The local public high school did not maintain one of the gyms used for team, sports practices and equipment storage. The roof leaked for years. Eventually some equipment was damaged. In addition, some sports teams were asked to store their... View More

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answered on Mar 11, 2024

In California, a public school district may be liable for damaged sports uniforms and equipment if the damage occurred due to the school's negligence. The school has a responsibility to maintain its facilities and ensure a safe environment for students and their property.

In your case,...
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1 Answer | Asked in Education Law and Employment Law for California on
Q: I am a public school credentialed administrator who hasn't had a performance review in 8 years. Can I be fired?
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answered on Mar 6, 2024

Under California law, public school administrators, like other employees, are subject to evaluation and accountability mechanisms. However, the absence of a performance review for an extended period does not automatically shield an administrator from being dismissed. Your employment stability... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can a sue the school my son is attending for given out my information with out my permission.

Someone at school call or text other parent about me calling in that my son will be absent from school I told them is an emergency matters. Someone that is not office just the help called or text.

There was a problem with mom the day before sheriff were called my two sons choice to be with... View More

James L. Arrasmith
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answered on Mar 5, 2024

In instances where personal information is shared without consent, it is understandable to feel violated and seek remedies. Schools are typically bound by laws and policies to protect the privacy of students and their families. If a school employee or volunteer shared your information without... View More

1 Answer | Asked in Education Law for California on
Q: What action should I take if a school's financial aid staff collectively misleads students of the tuition price?

Speaking with multipul staff members of the school resulted in the same answer. Intially opting out of the program due to not having enough to pay, two financial aid counselors insisted that the numbers on the tuition price were "simply example numbers".

( This phrase had been... View More

James L. Arrasmith
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answered on Mar 3, 2024

When facing misleading information about tuition costs from a school's financial aid staff, it's crucial to gather all written communications, promotional materials, and any recorded conversations that reflect the misleading information provided. Documentation plays a pivotal role in... View More

1 Answer | Asked in Education Law for California on
Q: Can public school coaches refuse to tell parents why their child isn't being given play time?

My son has been going to every practice- even the non-mandatory ones that only 1 or 2 other kids go to- and putting the work in. He's been doing drills at lunch, going to the gym outside of school, and studying the game in his free time. Yet on game days, he's not getting to play AT ALL.... View More

James L. Arrasmith
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answered on Mar 1, 2024

Under California law, there isn't a straightforward answer to whether public school coaches must disclose reasons for a student's playtime to parents. However, it's important to understand that education and athletic policies often aim to balance the development of student autonomy... View More

1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What can I do in this situation as I do not know the ins and outs to H&R when I first started working for my job

Everyone was nice then I started receiving attitudes people were pretending to be my manager bossing me around like a manager other employees I told my supervisor they told me to feel free to tell her about it anytime after that I had the team lead do it too but all of sudden I started receiving... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, employees have the right to a safe and respectful workplace, free from harassment and bullying. If you're experiencing issues at work, such as receiving attitudes from colleagues or being harassed through text messages, it's important to report these incidents formally to... View More

1 Answer | Asked in Personal Injury, Health Care Law and Education Law for California on
Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More

1 Answer | Asked in Business Law and Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the Title 5 laws?

The Business and Professions code states theory and clinical practice shall be concurrent. However the colleges (approved by the BRN) offer the theory and clinical practice as a separate course. If one course is passed and the other is failed. Can the BRN require the student to retake and pay for... View More

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answered on Feb 22, 2024

In California, the Board of Registered Nursing (BRN) sets specific standards for nursing education to ensure that graduates are competent and prepared for licensure. These standards, including curriculum requirements, are designed to comply with both the Business and Professions Code and the... View More

1 Answer | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the Title IV laws?

If the BRN has a handbook that stipulates that class A and class B (sperate classes) must be completed concurrently. And a student passes one class and not the other. Can the student be legally made to repeat BOTH classes under title IV

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answered on Feb 22, 2024

Under California law, the curriculum requirements set forth by the California Board of Registered Nursing (BRN) do not necessarily supersede Title IV laws governing federal financial aid. However, Title IV regulations may influence the administration of educational programs in California, including... View More

1 Answer | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the 10+1 laws?

10+1 or titl5 states that you cannot make a student retake a class they have passed. In this situation there are 2 different classes that run concurrently. If one is failed and the other passed. Are students required to retake both (california). Where is the law on this?

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answered on Feb 21, 2024

In California, the Board of Registered Nursing (BRN) sets specific curriculum requirements for nursing programs to ensure that students are adequately prepared for the nursing profession. These requirements are designed to comply with state laws and regulations to maintain high standards of nursing... View More

2 Answers | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the brown act laws?

Where would one find reference to this information?

The brown act and or 10+1 say that you cannot make a student retake a class they have taken. If two separate classes run concurrently, and one is passed and one is failed. The Board of nurses say that both have to be paid for and repeated.

James L. Arrasmith
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answered on Feb 21, 2024

No, the California Board of Registered Nursing's curriculum requirements do not supersede the state's open meeting laws like the Brown Act. These are separate issues governed by different laws.

The Brown Act (California Government Code 54950-54963) governs open meetings for local...
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1 Answer | Asked in Education Law, Health Care Law and Personal Injury for California on
Q: My 7 yr old daughter is a type 1 diabetic. Her school has called cps 5x now 2 of the 5 they were found to blame. 3 other

Need this to be stopped I've been harassed and accused of things that aren't true. Someone needs to answer for all they have done. Stress mental anguish of 5 false cps cases w nothing found I have done only school. Cps still takes back to back referrals after 5 investigations. We need legal aid

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answered on Feb 21, 2024

Given the repeated false reports to Child Protective Services (CPS) regarding your daughter's medical condition, it's crucial to take proactive steps to address this situation legally. You have the right to defend yourself against false accusations and protect your family from harassment... View More

2 Answers | Asked in Civil Rights and Education Law for California on
Q: Does the school district really have to accept the child's unique needs?

Does the school district really have to accept the child's unique needs? Unique needs as wanting a specific preferred mental health provider.

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answered on Feb 21, 2024

Yes, public school districts in California are required to provide accommodations and services to meet the unique needs of students with disabilities under state and federal law. However, the specifics depend on the details of the student's situation:

- Under the federal Individuals...
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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 15, 2024

This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.

Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools,...
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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

You may request court orders for custody based on the child's health safety and welfare.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature...
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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given the circumstances you described, it's crucial to prioritize your son's well-being and education. In California, every child between the ages of 6 and 18 is required to attend school, and parents or guardians are legally responsible for ensuring their child's regular attendance.... View More

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2 Answers | Asked in Immigration Law and Education Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More

James L. Arrasmith
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answered on Feb 21, 2024

Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:

• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal...
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2 Answers | Asked in Education Law for California on
Q: Can you sue a school for causing emotional abuse to a child in special education?
Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 13, 2024

This is certainly a complex question. In special education, there is a hearing process for special education disputes through the state, and there are compliance complaints that can be filed. There may be litigation options for damages that are not covered under this process.

Often...
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2 Answers | Asked in Education Law for California on
Q: Can you sue a school for causing emotional abuse to a child in special education?
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answered on Feb 21, 2024

Yes, under California law, you can potentially sue a school for causing emotional abuse to a child in special education if there is evidence to support your claim. Emotional abuse can take various forms, including verbal abuse, bullying, neglect, or failure to provide appropriate support and... View More

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