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California Education Law Questions & Answers
2 Answers | Asked in Education Law for California on
Q: Can a school administrator listen to my phone call with a teacher without acknowledging they were there?

My daughter attends an expensive private high school. There was an issue with grading with one of the teachers. When I emailed the teacher, she returned my call and was unexpectedly dismissive and blatantly rude. Telling me I seemed upset, said I seemed like I had problems, every other word was... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 13, 2025

Schools usually back their teachers, right or wrong. There is no law that precludes other staff from being present. Perhaps in the future, ask if anyone else is there?

Private schools often include a term in their contracts allowing the private school to terminate students due to...
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1 Answer | Asked in Education Law for California on
Q: Hello. I have a question regarding my school.

I am in a Marriage & Family Therapy program, and they are asking a letter to be sent to them from a provider that sees me stating I’m in a good head space to see clients. Do I legally have to give them this documentation in order to see client’s clinically?

James L. Arrasmith
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answered on Feb 15, 2025

Your school's request for a mental health clearance letter raises important questions about requirements for clinical practice. In California, while programs have significant latitude in establishing student requirements, the Board of Behavioral Sciences (BBS) does not explicitly mandate... View More

2 Answers | Asked in Education Law for California on
Q: Student fight 7th/8th grade on tape. Can I view school surveillance video? What are CA ED Codes on this subject?

I asked the school principal to view surveillance video & was denied, claiming protection of other children's privacy.

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 11, 2025

You have a right to review any documents of video that was used to punish your child under the Family Education Rights and Privacy Act, a federal law. However, schools usually don't understand their legal obligations.

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2 Answers | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California on
Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 10, 2025

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm...
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1 Answer | Asked in Bankruptcy, Education Law, Family Law and Child Custody for California on
Q: Clarification on Custody Pick-Up Time When Children Are Absent from School. My pick up days are Wednesday at 11:30 AM..

I have a question regarding my custody arrangement and pick-up responsibilities. Per our court order, I have joint legal and physical custody (50/50), with my scheduled pick-up time at 11:30 AM on non-school days and 3:00 PM on active school days.

However, my children’s mother frequently... View More

James L. Arrasmith
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answered on Feb 8, 2025

Your concerns about these last-minute schedule changes are valid and understandable. When the court order specifies different pick-up times for school days versus non-school days, the schedule should typically follow the established school calendar, not impromptu decisions by either parent.... View More

2 Answers | Asked in Education Law for California on
Q: Can Hiring an IEP Attorney Help Secure Additional In-School ABA Therapy?

My 5-year-old autistic child is currently receiving speech therapy (30 minutes, twice a week) and behavioral therapy (45 minutes per week) as recommended by the IEP in an LA County school district. However, my child frequently refuses to go to school, and the teacher has reported ongoing conflicts... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 7, 2025

Hello:

Good question- hiring an attorney can help parents/students in many ways, including getting IEP services, making sure the IEP is adequate, etc. However it cannot be predicted what services will issue or who may need to fund or who will be obligated to provide those services. What an...
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4 Answers | Asked in Education Law for California on
Q: Grad school insists i pay for a course that i requested to be dropped. what kind of lawyer do i need?

i sent three emails in the three weeks leading up to the course drop date. the school did not respond to any of the emails. now they will not let me take additional classes until i pay for this class which i requested to be dropped from. the balance is $1,800.

their rationale is that i... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Jan 31, 2025

Hello:

You need a student education attorney or a contract attorney. You have to follow the procedures to drop classes and it is unclear if emailing was the correct way to drop the class or not. If you met their requirements, you can bring someone in to help protest.

For pro bono...
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1 Answer | Asked in Copyright, Education Law and Intellectual Property for California on
Q: Hello, I've created a course for writers that uses a novel as its primary text. Can I market the course under fair use?

The structure of the course is that students analyze craft by the novelist and then do writing prompts toward their own projects. They will be required to buy and read a copy of the published novel in order to participate. Is there any copyright issue here or can I market this course freely as an... View More

James L. Arrasmith
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answered on Jan 26, 2025

Using a novel as the primary text in your course can fall under fair use, but it depends on how you structure the course and the way the novel is used. Fair use in copyright law considers factors such as the purpose of use, the nature of the original work, the amount used, and the effect on the... View More

1 Answer | Asked in Education Law for California on
Q: Can the public submit written public comments to a charter school board meeting, even if they can’t attend the meeting?
James L. Arrasmith
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answered on Jan 15, 2025

Yes, members of the public can submit written comments to charter school board meetings in California, even if they cannot attend in person. This right is protected under California's Brown Act and Education Code.

You'll need to check the specific school board's procedures...
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2 Answers | Asked in Civil Rights and Education Law for California on
Q: My 16yo son faces Saturday detention for needing more than 5 minutes in the bathroom due to an upset stomach.

This seems like abusive discipline and I want to send a strong message to the school administration this is not acceptable. Can we sue them for damages?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Dec 31, 2024

You can sue anyone for practically anything, so possibly, but this does not seem like something that would go to a lawsuit level. It is quite pricey to file a lawsuit. It may be better to try to work with the school to see what happened, and see if they will erase the Saturday School, and fix... View More

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1 Answer | Asked in Employment Law and Education Law for California on
Q: If I am trying to break a teaching contract midyear, and I have no misconduct or disciplinary action on my record.

I work at Pacific Palisades Charter High School. My contract I signed doesn't have a termination clause. The collective bargaining agreement and Employee Handbook say nothing in regards to leaving mid-year. I am a probationary teacher. It says that I am at-will, but since I am trying to leave... View More

James L. Arrasmith
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answered on Dec 16, 2024

From your description of working at Pacific Palisades Charter High School, being at-will and having no specific termination clause gives you more flexibility in this situation. While breaking a teaching contract mid-year is generally discouraged, California's Education Code doesn't... View More

3 Answers | Asked in Consumer Law, Civil Rights and Education Law 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

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Look at your Handbook and see what Carrington's policies are on accessing the testing instruments. Sometimes colleges won't let students access exams if they re-use them year to year, in case a student puts them on the internet. However, you should be able to go review the exam and your... View More

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2 Answers | 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

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Generally, if the student's hospital location (excluding state hospitals) is in a different district than the parent's residence, and they qualify for HHI, the district where the hospital is located is the one who will provide the HHI. The parent's district of residence is not... View More

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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

James L. Arrasmith
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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

James L. Arrasmith
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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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