This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

Yes, unfortunately they can pass students on. All CA school districts must have a policy regarding student promotion and retention. Legally they look at retention at certain time periods, one of them being between eighth grade and high school. The policy should have an appeal option for the... View More

Although that is not a requirement of the Education Code, Districts sometimes may clarify their own local requirements. It is often best just to notify them, if possible, if that is their local policy. However, theoretically there could be an argument on appeal based on the Education Code... View More

Hello:

Even if a high school student earns a "certificate of achievement" they can continue working toward their high school diploma. Where they attend and what services they get will depend on the school district and their individualized IEP.

Many districts shuffle... View More

CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have... View More

To qualify for an IEP, the student has to have a qualifying category of impairment. This could be Autism or other category. Does an IEP team have a legal obligation to speak certain words at an IEP specifically? The disabilities and needs of the student guide the development of the document, but... View More

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

Regarding the school site and protections in the future: you can try to work with the school on determining who the kids could be, to get this addressed and ensure this does not happen again to your son. The school may pursue suspension or expulsion of the offenders if they can be identified.... View More

California schools are legally mandated to address bullying. They cannot ignore it, although what they choose to do is up to them. Provide documentation of all the bullying, bullying reports, etc. to them and politely tell them they need to address it. If they continue to ignore your requests,... View More

This sounds like a private school. Private schools often set their own entrance requirements or mandates for admission. Depending on the type of school, they may have even broader ability to exclude students They may have entrance mandates that include the prior year attendance, or other... View More

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,... View More

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... View More

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... View More

In California, a school district cannot ban a parent beyond 14 days under penal code 626.4. A school also needs to give a parent a right to contest. Arguably, anything beyond 14 days should be preceded by a lawful restraining order.

If you want IEP/504 accommodations and protections, those plans need to be in place. You can, however still seek an SST (Student Study Team) meeting to put accommodations in place via general education. These are not enforceable, however, similar to a 504, IEP, etc.

Since COVID, schools... View More

This would probably be a question for an Immigration Law attorney.

Please be advised that this does not constitute legal advice nor form an attorney client relationship. Nothing herein is confidential and it is advised that all legal questions be evaluated by a direct consultation with a... View More

Hello:

There are free speech issues, and issues with the parent involved potentially. Additionally, if this is a first time "offense," it may not be legal to suspend the student under California law. https://edlaw4students.com/other-means-correction/

Thanks,... View More

All students in California are mandated to be enrolled in/receive education from ages 6-18 and this education must be provided by the local school district, generally, where they live unless they were suspended or expelled or attend another entity (private school, etc.).

Special education... View More