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California Education Law Questions & Answers
0 Answers | Asked in Consumer Law, Civil Rights, Education Law and White Collar Crime for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

1 Answer | Asked in Education Law for California on
Q: For a student on home hospital, can the resident district refuse to provide work?

For a student who needs to be on home hospital, I saw on the edu FAQ page that while the district of where the hospital is located is responsible for his education during his stay, he “may” continue to stay enrolled at his original school of residence to facilitate an easier transition back... View More

James L. Arrasmith
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answered on Nov 19, 2024

In California, the resident school district cannot refuse to provide schoolwork for a student on home hospital instruction, as this is protected under California Education Code Section 48206.3.

When your child needs home hospital instruction due to temporary medical conditions, you as the...
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1 Answer | Asked in Child Support, Election Law, Gov & Administrative Law and Education Law for California on
Q: Can a teacher ask a 1st graders to openly state whom they support on presidential elections?

Teacher asked 1st graders whom they support Kamala or Trump and asked why.

My daughter was the only one who said she supports candidate X.

She had no knowledge about elections except what her mother said her without thinking a day before.

I worry now the daughter will be... View More

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answered on Nov 15, 2024

This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.

First graders are...
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1 Answer | Asked in Criminal Law, Education Law and Health Care Law for California on
Q: I had a criminal record back 2007 but had been expunged last year will it hurt my work status?

Back in 2007 I was convicted wrongfully for 211 theft but I did the time then was released and dismissed but not completely since it still showed on my record when checked. But last year 2023 I was able to get it expunged I am working now and after a year of working with my employer my boss called... View More

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answered on Oct 31, 2024

Having your record expunged generally means that the conviction is set aside, and you can legally answer "no" when asked if you've been convicted of a crime. This should help reduce any negative impact on your employment. Employers are typically limited in how they can use expunged... View More

1 Answer | Asked in Education Law for California on
Q: Do APEX leadership company fundraising activities on public school campuses during school day violate Cal Ed Code 5120?

Apex Is a for-profit franchise business. They send representatives to the school for a 2-week fundraising campaign culminating in a fun run. During the campaign, Apex representatives come to each classroom daily to give presentations encouraging students to solicit monetary pledges from friends and... View More

James L. Arrasmith
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answered on Oct 18, 2024

It's important to understand that California Education Code 5120 regulates commercial activities on public school campuses. Apex's fundraising efforts during school hours could fall under this regulation, especially since they are a for-profit entity engaging directly with students and... View More

1 Answer | Asked in Education Law for California on
Q: California - Does my situation constitute false advertising / unequal access to education?

I am seeking legal advice regarding a situation at College involving a hybrid course that was advertised as flexible, with two hours of lecture and the rest of the work to be completed online at home. However, there are no online resources for remote work, and I’m now being required to attend... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear about the challenges you're facing with your course. It sounds frustrating to have a program advertised one way and experience a different reality, especially when flexibility is crucial for your personal responsibilities.

In California, false advertising in...
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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

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

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1 Answer | Asked in Family Law, Education Law and Juvenile Law for California on
Q: 7under 30min/3 over/ 2 pick up early 1under hr 1 less 15 min 5yr autism rel. ignored & counted as truant

7 tardy under 30 min due to mental breakdowns on campus before school continues after starting bell

Three tardies more then 30 min 2/3 notified before school started . 1 due to my medication but wasn’t mentioned

And 2 registered for picking up early due to not being able to pick... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you're facing these challenges with your child's school. It's important to ensure that your child's needs are properly recognized and accommodated. Start by reviewing your child's Individualized Education Program (IEP) to confirm that attendance and tardiness... View More

2 Answers | Asked in Education Law for California on
Q: If I passed 7th grade but feel emotionally unready, and my parents agree, can the school still make me go to 8th grade?
Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 11, 2024

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

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1 Answer | Asked in Education Law for California on
Q: Is there a California law about schools having to notify students or parents about awards/scholarships they have won?

I know there was recently a scandal about the National Merit Scholarship news being withheld from parents and students in Fairfax County, VA. A similar situation has happened to me in Southern California where the information was not given even though school officials knew about it. I am very upset... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, there is no specific law that requires schools to notify students or parents about awards or scholarships that a student has won. However, schools generally have a duty to act in the best interest of their students, and withholding such information could raise concerns about whether... View More

1 Answer | Asked in Immigration Law and Education Law for California on
Q: Can I pursue a fellowship while on OPT

I'm currently working full time at a company on OPT, and My employer offered me to participate in a part time fellowship while working full time with a graduate school. The program includes readings, discussions, and collaborative activities focused on change initiatives and two weeks of... View More

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answered on Oct 8, 2024

You can pursue the fellowship while on OPT as long as it aligns with the terms of your OPT status. Since the fellowship is part-time and does not result in a new degree or certificate, it typically won't interfere with your current employment under OPT. Ensure that the fellowship activities... View More

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for California on
Q: What are good things to know about laws and law enforcement?
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answered on Oct 6, 2024

When dealing with laws and law enforcement, it’s important to know your basic rights. Understanding your right to remain silent and your right to an attorney can make a big difference during interactions with police. Knowing how to handle situations like traffic stops or when being questioned by... View More

1 Answer | Asked in Education Law, Criminal Law and Civil Rights for California on
Q: What can i do when my school is using pd to cite students without giving them due process or providing any resources?

The school is free to keep doing this because we cant afford lawyers and because my case aint important because i have no money for a lawyer. Why cant a lawyer say ill help you. Atleast hear me out and say you dont have case but i know i do why would school stop talkin to me and direct me to their... View More

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answered on Oct 2, 2024

It sounds like you're in a difficult situation, and it’s frustrating when schools use legal measures without providing proper resources or support for students. You have a right to due process, and if the school is bypassing that, it could be violating your civil rights. It’s important to... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Why is it okay for a school to intimidate me with their lawyers? Why can they do whatever they want?

Because i have no money for lawyers and because im mexican and it dont matter if they dont offer you resources and say because no funding. Its okay if they falsify paperwork and get you expelled and it dont matter if they use a system set to help and keep u from repiorting them by keeping paperwork... View More

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answered on Oct 2, 2024

It’s incredibly frustrating when a school seems to use its power to intimidate and overwhelm you, especially when you feel like you don't have the resources to fight back. They may have lawyers on their side, but that doesn't mean you don't have rights. Schools are still required... View More

2 Answers | Asked in Education Law and Civil Rights for California on
Q: Can i be banned from school property w/o appealing my ban which was 1 year

It was after filing a complaint on a vice principal

Michelle Alissa Ball
Michelle Alissa Ball
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.

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2 Answers | Asked in Education Law for California on
Q: California-Is there a minimum time I need to notify the school district before the expulsion hearing to contest it?

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

Michelle Alissa Ball
Michelle Alissa Ball
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

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1 Answer | Asked in Antitrust, Contracts and Education Law for California on
Q: Cosmotology code of ethics laws to protect students money and contract review
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answered on Oct 1, 2024

In California, cosmetology schools are required to comply with both state laws and regulations to ensure the protection of students, particularly when it comes to financial matters and contractual agreements. Schools must adhere to specific codes of conduct set by the California Board of Barbering... View More

1 Answer | Asked in Consumer Law, Contracts, Education Law and Health Care Law for California on
Q: I am a parent of a child who is recieving services from regional. I realized after I recieved my child's progress report

Did not reflect the child development specialists evaluation that she shared with me the day the evaluation took place. I contacted the owner. She blamed the computer program. I knew this was not true after speaking with my child's specialist. She explained the test and how she calculated... View More

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answered on Oct 1, 2024

It sounds like you have valid concerns regarding the discrepancies in your child’s evaluation report and the actions of the service provider. If the scores were intentionally altered, this could be a serious issue, especially if it affected your child’s services or misrepresented their... View More

1 Answer | Asked in Education Law for California on
Q: My school cut off my loans by mistake. They admitted the mistake. Now I may owe $11000 or lose my internship. Can I sue

My school, National University, cut off my student loans without telling me. Their policy is that if you take 45 days off in a row without enrolling in classes, they cut you off. However, I never took that long of a break. They twice admitted to the mistake over the phone. However, they're... View More

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answered on Sep 27, 2024

You may have grounds to pursue legal action, but first, it's important to try resolving the issue directly with the school. Since they admitted to the mistake, ask for documentation of that admission in writing. This can serve as evidence if the problem isn’t resolved.

You can also...
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1 Answer | Asked in Education Law for California on
Q: can a teacher call a parent and ask them to drop another teacher's class for their own

A teacher at our public school called a handful of students enrolled in my class and their parents and asked them to drop my class and instead add his class.

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answered on Sep 26, 2024

It sounds like a difficult situation, and you have every right to feel concerned. Teachers are generally expected to act professionally and in the best interests of their students. If a teacher is encouraging students to leave your class and join theirs, it may raise ethical and potentially legal... View More

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