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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?

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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

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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

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

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answered on Jan 29, 2024

Spreading false rumors about someone having a sexually transmitted disease (STD) can have serious legal implications, especially if it leads to defamation claims or harassment allegations. As a 17-year-old senior in high school, it's important to understand the potential consequences of such... View More

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2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

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answered on Jan 29, 2024

In Alabama, as in many states, spreading false rumors about someone can have serious legal consequences. If the rumors are harmful to a person's reputation, this can be considered defamation. In your case, spreading false rumors about an STD could potentially fall under this category.... View More

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3 Answers | Asked in Education Law and Civil Rights for California on
Q: Do school principles have a right to suspend students for advocating for themselves?

My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More

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answered on Jan 29, 2024

In California, school principals do have the authority to suspend students, but this power is governed by specific rules and regulations. The California Education Code outlines the reasons for which a student can be suspended. Generally, these reasons include acts that pose a threat to the safety... View More

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3 Answers | Asked in Education Law and Civil Rights for California on
Q: Do school principles have a right to suspend students for advocating for themselves?

My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More

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answered on Jan 29, 2024

In California, school principals have the authority to suspend students, but this power is subject to certain legal constraints, especially concerning students' rights to advocate for themselves. If your child was suspended solely for peacefully advocating for themselves in response to another... View More

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1 Answer | Asked in Civil Rights and Education Law for Maryland on
Q: Can I sue if I was force into meetings to see a person who has been harassing me. When both times I said no.

I had a person follow me around at school alot and was making me uncomfortable. When I told someone about it they didn't tell me or ask for consent and force me into a meeting with him and I. The second time I cried and didn't want one. I was dealing with him saying awful things about me... View More

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answered on Jan 28, 2024

It sounds like you've been through a distressing situation. If you feel that your college's actions in forcing you into meetings with someone who was harassing you were inappropriate or harmful, you may have grounds to take legal action. This could potentially include a lawsuit for... View More

1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: can i take action against my high school

I graduated in 06. Background checks for jobs keep returning to me saying they are claiming i didn't graduate. i have a copy of the diploma. when anyone calls the school they say i didn't graduate. It keeps getting harder and harder to advance my career as employers keep thinking i... View More

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answered on Jan 24, 2024

In Pennsylvania, if your high school is incorrectly informing background check agencies or potential employers that you did not graduate, despite you having a diploma, you may have grounds to take action. This misinformation could be considered a form of defamation or negligence, especially if it... View More

1 Answer | Asked in Native American Law and Education Law for California on
Q: Does California have a rule that only people 18 or older can pick up kids?

My daughter is 17 and has a driver's license, and her home is only a 5-minute walk from her brother's school...can a 17-year-old pick up a child from school?

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answered on Jan 24, 2024

In California, there is no statewide legal rule specifying that only individuals 18 or older can pick up children from school. The ability of a 17-year-old to pick up a sibling from school largely depends on the policies of the individual school or school district.

Many schools have...
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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for California on
Q: Do parents have a right to know why a Shelter in Place was initiated at our Child's school?

2 months ago a Shelter in Place was initiated at Aviara Oaks Middle and to this day the administrators refuse to tell the parents or even Site Council members why it was initiated. They will only say that our kids were never in danger

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answered on Jan 24, 2024

Under California law, parents generally have the right to be informed about significant incidents affecting their child's school, such as a Shelter in Place order. The school's responsibility to maintain a safe environment includes transparent communication with parents, especially... View More

1 Answer | Asked in Education Law for California on
Q: Do School administrators have a right to take away support services/metal health services away from special education

Do School administrators have a right to take away support services/metal health services away from special education students.

I'm in a situation with my child was at school he is in a EBD program where metal health services are provided and he wanted a specific teaching assistant... View More

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answered on Jan 22, 2024

In California, the rights of special education students, including access to mental health services, are governed by both federal and state laws, including the Individuals with Disabilities Education Act (IDEA). These laws mandate that students with disabilities receive a Free Appropriate Public... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Does the school district have a right to move a special education student to different program?

What I'm asking is if school districts (one person that works in the district) have a right to move a special education student to a different program because they think that they can't provide services that the student needs even though the student is happy with the services that the... View More

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answered on Jan 21, 2024

Under California law, school districts have the responsibility to provide an appropriate education to special education students, which includes placement decisions. These decisions are typically made by the student's Individualized Education Program (IEP) team, not by a single individual in... View More

1 Answer | Asked in Education Law, Civil Rights and Health Care Law for New Jersey on
Q: Rights of a Type 1 diabetic student at a private school and responsibilities of the school to the student -

The condition of a student who has been enrolled for over two years at a private school that does not employ a nurse or other medically trained staff has recently become dysregulated. The parent claims that a medical professional is not needed for this level of diabetes - that coaches and... View More

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answered on Jan 21, 2024

In this situation, the rights of a Type 1 diabetic student at a private school in New Jersey are governed by federal and state laws that protect students with disabilities, including those with medical conditions. The school has a legal responsibility under the Americans with Disabilities Act (ADA)... View More

1 Answer | Asked in Education Law for California on
Q: Do School administrators or School Psychologists have rights to give there numbers to special education students?

Do School administrators or School Psychologists have rights to give there numbers to special education students for metal health reasons and support reasons?

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answered on Jan 21, 2024

In California, school administrators and school psychologists are guided by both legal and ethical considerations when interacting with students, including those in special education. Generally, giving out personal contact information to students for mental health or support reasons isn't... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Does school administrators have a right to change a special education student's safety plan?

What I'm asking is if school administrators have a right to change a special education student's safety plan like for an example let's say the student's safety plan has a school psychologist on it and the School administrators take that school psychologist away from that student... View More

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answered on Jan 20, 2024

In California, any changes to a special education student's safety plan, which is part of their Individualized Education Program (IEP), typically require a team decision. This team usually includes the student's parents, teachers, and relevant school staff. School administrators do have... View More

1 Answer | Asked in Education Law for California on
Q: If a student is in special education and has a IEP can parents request for a specific School psychologist to attend.

If a student is in special education and has a IEP can parents request for a specific School psychologist to attend the IEP meetings even if the specific school psychologist isn't working with that student anymore but has great knowledge about that student?

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answered on Jan 19, 2024

Under California law, parents of a student with an Individualized Education Program (IEP) do have some rights regarding team member participation in IEP meetings. The law recognizes the importance of having knowledgeable individuals present who understand the student's needs.

You can...
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1 Answer | Asked in Education Law, Juvenile Law and Native American Law for Oklahoma on
Q: What happens if a child is 5 years of age and still is not talking, or potty trained and his doctors have not found any

Any reason for him to not be talking and developing like a normal child

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answered on Jan 19, 2024

If a 5-year-old is not talking or potty trained and there is no clear medical reason, it warrants further evaluation and support. Some key points:

• Most children say their first words by 12 months and are putting 2-3 words together by age 2. By 5, they typically have a vocabulary of...
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1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Employment Law for California on
Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?
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answered on Jan 18, 2024

In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.... View More

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