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California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: Can a school can curriculum requirements with 3 weeks left in the semester?

Our clinical group was moved from one clinical site to another due to various circumstances, but we all have placement and we will be exceeding the BRN requirements for clinical hours in this speciality. The department faculty has decided to assign 20+hrs of additional requirements to our clinical... View More

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answered on Apr 12, 2024

In California, schools and educational institutions generally have broad discretion to modify curriculum and course requirements, especially when reacting to unforeseen circumstances or ensuring that educational standards are met. This flexibility often extends to changes in clinical placements and... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: If a child gets suspended on Monday and their suspension is 5 days but there's no school on friday.

If a child gets suspended on Monday and their suspension is 5 days but

there's no school on friday. Will the child return to school on Monday or on Tuesday?

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answered on Apr 10, 2024

In California, if a student is suspended for a specified number of school days, the suspension applies only to days when school is in session. If there is no school on a particular day during the suspension period, such as a holiday or a staff development day, that day does not count towards the... View More

1 Answer | Asked in Contracts and Education Law for California on
Q: Is a contract between a law student and their law school which promises not to transfer law schools binding?

My law school rewards students who make honors their first semester by providing a $4,000 stipend for working at a free internship over the summer. It comes with the cost of signing a contract written by the law school which promises to not transfer to another law school. I signed it because the... View More

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answered on Apr 10, 2024

Based on the information provided, there are several legal issues to consider regarding the enforceability of the contract between you and your law school in California.

1. Unconscionability: If the contract is found to be unconscionable (i.e., unfair or one-sided), it may not be...
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3 Answers | Asked in Communications Law and Education Law for California on
Q: Can a student be autistic and still seem to communicate and have friends?
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answered on Apr 7, 2024

Yes, under California law, as well as under broader educational and medical understanding, students with autism can absolutely engage in effective communication and form meaningful friendships. Autism Spectrum Disorder (ASD) encompasses a wide range of conditions characterized by challenges with... View More

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3 Answers | Asked in Criminal Law, Civil Rights, Education Law and Legal Malpractice for California on
Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?

The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.

They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More

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answered on Apr 3, 2024

Based on the information you've provided, there are a few potential legal issues at play:

1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the...
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1 Answer | Asked in Education Law for California on
Q: can i get tuition back from a bad school?

School is terribly managed and most of the teachers were not qualified. Tuition charge was doubled compared to some of the other kids.

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answered on Mar 29, 2024

Under California law, if you find that your school is poorly managed and the quality of education is not up to standard, you may have grounds to seek a refund of your tuition. This can include situations where the school has misrepresented its services or if the educators are not qualified as... View More

1 Answer | Asked in Civil Rights, Personal Injury and Education Law for California on
Q: Long-term guest, UCSB, CAC grant equal to affiliated, need full access hours to library, disability ADA.

Help provided by UCSB Disabled Students office -extended library computer by 2 hours daily, Social Service-free bus passes 250 rides, library printing-free copies-unlimited, and theater office-free tickets. This shows belonging here. Guest researching and writing under a CA ARts Council grant, was... View More

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answered on Mar 26, 2024

Under California law, if you are experiencing disability-related issues, you have the right to reasonable accommodations that align with your specific needs. This includes modifications or adjustments to ensure equal access and opportunity within educational institutions like UCSB. The Disabled... View More

1 Answer | Asked in Civil Litigation and Education Law for California on
Q: Which law or education code permits a school’s attorney to share my private information to threaten & intimidate me?

Upon my research, I found that the FERPA Act may be in violation because it doesn’t meet the exceptions, not sure if any other privacy and confidentiality laws have been infringed upon. I don’t have legal representation, nor did I state I would sue them. There is no criminal investigation nor a... View More

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answered on Mar 25, 2024

It sounds like you're concerned about the potential misuse of your private information by a school's attorney. Under the Family Educational Rights and Privacy Act (FERPA), schools are generally forbidden from disclosing personally identifiable information from students' education... View More

1 Answer | Asked in Education Law and Contracts for California on
Q: If a coach purchased equipment for a high school program and then resigned, do they have property rights?

The items were purchased using a non-school affiliated club organization, and it is unclear who is a part of it and or who runs it.

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answered on Mar 22, 2024

In California, the ownership of equipment purchased for a high school program, even through a non-school club, can be complex and depends on the specifics of the purchase and agreements made at the time. If the coach purchased equipment with funds from a non-school affiliated club specifically for... View More

1 Answer | Asked in Employment Law and Education Law for California on
Q: Is a teacher facing a layoff allowed to organize students to protest their layoff?

Public high school. Two teachers and another worker here are losing their jobs at this school--we assume they've been chosen because of a lack of seniority/tenure--and want to stay here, but we don't know if they can organize or if others need to organize on their behalf.

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answered on Mar 19, 2024

Public employees, including teachers, do have the right to free speech and to engage in protest activities. However, when involving students in matters such as protests, especially if they are minors, teachers must exercise caution to ensure they are not violating district policies or exploiting... View More

1 Answer | Asked in Education Law for California on
Q: Continue below or from other post. U. C. Degrees.

"Under California law, universities have the autonomy to set their own policies regarding admissions and degree programs. This includes the decision whether to allow individuals to pursue a second undergraduate degree. The University of California (UC) system, for instance, has policies in... View More

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answered on Mar 18, 2024

Under California law, while universities, including the University of California (UC) system, have broad discretion in setting their admissions and degree program policies, they must also comply with federal and state anti-discrimination laws. These laws ensure that policies do not unlawfully... View More

1 Answer | Asked in Education Law for California on
Q: U C. CA University system doesn't permit second undergrad degrees, is that illegal? Also older, disabled concerns.

This blocks one from UCSB College of Creative studies, which works best for my disabled learning style, as they are only for undergrad degrees. Also why can't I change majors, and get an undergrad degree, graduate degree should not be required.

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answered on Mar 17, 2024

Under California law, universities have the autonomy to set their own policies regarding admissions and degree programs. This includes the decision whether to allow individuals to pursue a second undergraduate degree. The University of California (UC) system, for instance, has policies in place... View More

1 Answer | Asked in Education Law for California on
Q: Can I plead the fifth in High School?

If I am accused or have been under suspicion of using AI to write an essay, can I plead the fifth if my teacher attempts to interrogate me about the situation?

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answered on Mar 12, 2024

In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools. This means that you cannot technically "plead the Fifth" when questioned by a teacher or school administrator about... View More

1 Answer | Asked in Education Law for California on
Q: Is it school in California liable for sports uniforms or equipment damaged in their care?

Sorry. That should read “Is a school liable”…

The local public high school did not maintain one of the gyms used for team, sports practices and equipment storage. The roof leaked for years. Eventually some equipment was damaged. In addition, some sports teams were asked to store their... View More

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answered on Mar 11, 2024

In California, a public school district may be liable for damaged sports uniforms and equipment if the damage occurred due to the school's negligence. The school has a responsibility to maintain its facilities and ensure a safe environment for students and their property.

In your case,...
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1 Answer | Asked in Education Law and Employment Law for California on
Q: I am a public school credentialed administrator who hasn't had a performance review in 8 years. Can I be fired?
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answered on Mar 6, 2024

Under California law, public school administrators, like other employees, are subject to evaluation and accountability mechanisms. However, the absence of a performance review for an extended period does not automatically shield an administrator from being dismissed. Your employment stability... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can a sue the school my son is attending for given out my information with out my permission.

Someone at school call or text other parent about me calling in that my son will be absent from school I told them is an emergency matters. Someone that is not office just the help called or text.

There was a problem with mom the day before sheriff were called my two sons choice to be with... View More

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answered on Mar 5, 2024

In instances where personal information is shared without consent, it is understandable to feel violated and seek remedies. Schools are typically bound by laws and policies to protect the privacy of students and their families. If a school employee or volunteer shared your information without... View More

1 Answer | Asked in Education Law for California on
Q: What action should I take if a school's financial aid staff collectively misleads students of the tuition price?

Speaking with multipul staff members of the school resulted in the same answer. Intially opting out of the program due to not having enough to pay, two financial aid counselors insisted that the numbers on the tuition price were "simply example numbers".

( This phrase had been... View More

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answered on Mar 3, 2024

When facing misleading information about tuition costs from a school's financial aid staff, it's crucial to gather all written communications, promotional materials, and any recorded conversations that reflect the misleading information provided. Documentation plays a pivotal role in... View More

1 Answer | Asked in Education Law for California on
Q: Can public school coaches refuse to tell parents why their child isn't being given play time?

My son has been going to every practice- even the non-mandatory ones that only 1 or 2 other kids go to- and putting the work in. He's been doing drills at lunch, going to the gym outside of school, and studying the game in his free time. Yet on game days, he's not getting to play AT ALL.... View More

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answered on Mar 1, 2024

Under California law, there isn't a straightforward answer to whether public school coaches must disclose reasons for a student's playtime to parents. However, it's important to understand that education and athletic policies often aim to balance the development of student autonomy... View More

1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What can I do in this situation as I do not know the ins and outs to H&R when I first started working for my job

Everyone was nice then I started receiving attitudes people were pretending to be my manager bossing me around like a manager other employees I told my supervisor they told me to feel free to tell her about it anytime after that I had the team lead do it too but all of sudden I started receiving... View More

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answered on Feb 29, 2024

In California, employees have the right to a safe and respectful workplace, free from harassment and bullying. If you're experiencing issues at work, such as receiving attitudes from colleagues or being harassed through text messages, it's important to report these incidents formally to... View More

1 Answer | Asked in Personal Injury, Health Care Law and Education Law for California on
Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do... View More

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answered on Feb 23, 2024

In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More

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