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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

James L. Arrasmith
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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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2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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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?
James L. Arrasmith
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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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2 Answers | Asked in Education Law and Civil Rights for California on
Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, students with disabilities have the right to receive a Free Appropriate Public Education (FAPE) that meets their unique needs. This includes access to mental health services when such services are required as part of their individualized education program (IEP) or 504 Plan.... View More

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2 Answers | Asked in Education Law and Civil Rights for California on
Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 10, 2024

Special education students have tons of rights, and in fact most parents have no idea how powerful their rights are.

They can get free mental health, educational, behavioral, speech, and other services through their local school district if they qualify. Most schools slack, and parents are...
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1 Answer | Asked in Education Law, Family Law and Juvenile Law for Alaska on
Q: Can ocs in Anchorage ak go talk to a minor without a parent at a elementary school?
Blake Fulton Quackenbush
Blake Fulton Quackenbush
answered on Feb 9, 2024

Parents of children have rights, and parents can contact a knowledgeable attorney at any stage of the process of the Office of Children's Services ("OCS") investigating and/or the state removing a child from their home. Our office has years of experience litigating child custody... View More

1 Answer | Asked in Education Law for Michigan on
Q: My son was searched at school today because a teacher said he looked high. What can I do?
T. Augustus Claus
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answered on Feb 7, 2024

In Michigan, if your son was searched at school because a teacher suspected him of being under the influence, it's important to first understand the school's policies on searches and drug suspicion. Schools generally have some latitude to conduct searches to maintain a safe environment,... View More

1 Answer | Asked in Education Law for New York on
Q: I completed bachelor of laws under the uni of london but didn’t got licensed yet. So can I take the nyc bar exam ?

To take the bar exams in the ny state :

1) do I need to have experience even after getting licensed ?

2)can I become licensed in any country and get qualified for the ny bar exam ?

3)so there r different terms used for a licensed lawyer(I.e attorneys) in different... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

Congratulations on getting your degree. In terms of bar exam eligibility, that's something that the board of bar examiners would know better than most practicing attorneys. I'm not certain about details, but I have heard about N.Y. programs where foreign law school graduates can sit for... View More

1 Answer | Asked in Education Law for California on
Q: Can educators withhold recesses & use exercise as punishment?

My 10 year old was looking for a band aid in the classroom and saw a pencil grip. He took one from his teacher’s cupboard while in her absence. She returned back to school and was furious at him and withheld all his recesses made him do laps and had him clean up garbage around lunch tables... View More

James L. Arrasmith
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answered on Feb 4, 2024

Under California law, the use of physical exercise as a form of punishment by educators is generally discouraged and, in many cases, considered inappropriate. Withholding recess as a disciplinary action is a contentious issue, with guidelines suggesting that recess should not be withheld for... View More

1 Answer | Asked in Education Law for Hawaii on
Q: Is changing LRE for a SPED student a defined process or a continuum?

Does a change in placement have to have defined steps such as GENERAL EDUCATION class, then to an INCLUSION SETTING, then to RESOURCE CLASS, or is it based on the IEP team's decision on what's best for the student.

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answered on Feb 2, 2024

In Hawaii, the process of changing the Least Restrictive Environment (LRE) for a special education (SPED) student is typically viewed as a continuum rather than a rigid sequence of defined steps. While there are guidelines and best practices in place to ensure that changes in placement are made in... View More

2 Answers | Asked in Education Law for California on
Q: I am a teacher and parent informed me that a instructional assistant in classroom was talking so their child couldn't

focus. They wanted someone administration to speak to instructional assistant but parent wanted to remain anonymous and their identity kept confidential. Does teacher have to reveal parent's name to admin?

James L. Arrasmith
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answered on Feb 1, 2024

Under California law, you, as a teacher, are not required to disclose the parent's name to the administration when raising concerns about an instructional assistant's behavior impacting a student's ability to focus. When bringing this issue to the attention of your school's... View More

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2 Answers | Asked in Education Law for California on
Q: I am a teacher and parent informed me that a instructional assistant in classroom was talking so their child couldn't

focus. They wanted someone administration to speak to instructional assistant but parent wanted to remain anonymous and their identity kept confidential. Does teacher have to reveal parent's name to admin?

T. Augustus Claus
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answered on Feb 1, 2024

In California, teachers are typically not required to reveal the identity of a parent who wishes to remain anonymous when reporting concerns about classroom dynamics to administration. Maintaining confidentiality is an important aspect of building trust between educators and parents, and it is... View More

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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

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answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

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