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In California, my child's school wants to expel him and has set up a hearing. The school is saying we need to give them five business days prior to the hearing that we need to inform them we will be there and contesting the finding. This information is not in the expulsion packet or the... View More
answered on Oct 1, 2024
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
The student didn’t graduate. Can he stay a 5th year or even longer to earn his diploma?
answered on Sep 22, 2024
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
I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More
answered on Sep 12, 2024
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
answered on May 29, 2024
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
I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More
answered on May 15, 2024
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
answered on May 2, 2024
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
I have had this bullying problem for years and the school administrators have done little to nothing to help. I did some research on the California ed code section 48900 and have identified a lot of what has happened to me as bullying as defined there. I am planning on taking all this as evidence,... View More
answered on Apr 26, 2024
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
My son has been sick up and on the school year. All of his absences. have an excuse most have doctors notes. The parents choice Public Junior High we are applying to is denying his admission due to excessive absences, even though they are due to illness. He meets all the other guidelines day,... View More
answered on Apr 17, 2024
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
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
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,... View More
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... View More
What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.
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... View More
It was after filing a complaint on a vice principal
answered on Oct 1, 2024
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.
Do schools have to provide accomodations for parents with public school children who have a disability, were in SPED in years prior, but currently reject/refuse an IEP or 504 but still want accommodations for general education classes? What rules apply here and if approved is there an official... View More
answered on Aug 28, 2024
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
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
answered on Feb 15, 2024
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
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
answered on Feb 1, 2024
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
My daughter did not attend school last year due to severe mental health issues. After intensive therapy and rehab she is now ready to go back but her district won't enroll her because she missed the while last year. Can they do that?
answered on Aug 4, 2022
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
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