Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: Is a private flight University in California suppose to inform the students if there are any covid cases in the school?

As many student are concern here is that we know in our part 141 flight school is qurentining the student that have it might have the COVID19 in their room but no information are given out to the other healthy student so that we can be more aware ourself.

Myself and few other student are... View More

Raul Jauregui
Raul Jauregui
answered on Jul 4, 2020

We considered something similar to that issue some time ago in this post which might guide your research. https://www.studentmisconduct.com/news/what-happens-if-i-tell-my-school-that-i-tested-positive-for-coronavirus-or-covid-19

1 Answer | Asked in Education Law for California on
Q: Can a school district in California make you live stream your lessons to provide access to online learning students?
Maurice Mandel II
Maurice Mandel II
answered on Jun 27, 2020

It depends, on the terms of your contract and the CBA or MOU with the teacher's union for the district. So much more information is needed that it is not possible to provide a more definitive answer. As a member of the teacher's union, you can file a grievance if you believe the... View More

1 Answer | Asked in Education Law for California on
Q: Can a private elementary school require us to sign a release before our eight year old son returns in the fall?
Maurice Mandel II
Maurice Mandel II
answered on Jun 24, 2020

It depends on the language of the proposed release. You should contact a contracts or School Law attorney in your local area for a full consultation.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Education Law for California on
Q: I cannot find anything about the placement procedure when a high school teacher’s subject has been reduced by one sectio

And this teacher has the most seniority in that dept We are a district of 1 high school and 5 k-8s

What is the protocol when a teacher loses one section of her assignment?

Maurice Mandel II
Maurice Mandel II
answered on Jun 22, 2020

You should contact your Union to discuss this. Part of this is governed by the union contract and part of it is governed by the Ed Code. Union should be able to advise you on both.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation, Education Law and Gov & Administrative Law for California on
Q: If I get disbarred from DoDEA school can I get a government job still?

was not asked

Maurice Mandel II
Maurice Mandel II
answered on Jun 20, 2020

Please remember this is a public forum and you could be posting things today that you regret tomorrow. Sorry to hear that you are having these problems. Your actual question: "Can I get a job still?" cannot be answered with the information you provided, and it calls for predicting the... View More

1 Answer | Asked in Education Law for California on
Q: Is using a telephone voicemail message as an evidence is legal in CA!!

I am using this for educational matter. A professor left me a telephone voicemail message. Then have dismissed me. I am currently writing an appeal and wondering if I can using and voicemail as an evidence

Maurice Mandel II
Maurice Mandel II
answered on Jun 27, 2020

I am not aware of any prohibition against using the voicemail message as evidence. Wiretap recordings are prohibited because they are made without the knowledge of at least one party to the conversation, but a voicemail is deliberately and knowingly left on a recording device. It is the same as if... View More

2 Answers | Asked in Admiralty / Maritime, Civil Rights, Constitutional Law and Education Law for California on
Q: Is it illegal the shelter I live at just started requiring my personal belongings and persons be searched be4 allowed in

All of a sudden The shelter island that started requiring that all my belongings and my persons be searched by one of their security guards before entering the premises this is my legal residence address on my ID and I have to be searched before I come home that doesn't seem legal to me and... View More

Louis George Fazzi
Louis George Fazzi
answered on May 24, 2020

I don't think think so. You are a guest of the property owner, who can set whatever limits they want on those persons they allow to reside on their property. You say it is a shelter. So the owners apparently want to assure themselves that no guests can bring any kind of contraband onto their... View More

View More Answers

2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson
answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... View More

View More Answers

1 Answer | Asked in Education Law for California on
Q: Can I sue a school for not having the proper accreditation in medical assistant courses?

The improper accreditation prevented me from participating in an exam to become a Certified Medical Assistant. Which also prevents me from getting a good job in the field.

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2020

It could depend on what types of representations or disclaimers it made. If it didn't make representations that it was accredited, it might be difficult. Based on these limited facts, it does not sound like something on which you would want to spend money on legal resources to pursue. But to... View More

2 Answers | Asked in Bankruptcy, Contracts and Education Law for California on
Q: I am in a financial debt that I am not suppose to be paying. How can I stop paying this loan?

I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to... View More

Harlene Miller
Harlene Miller
answered on Mar 16, 2020

I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... View More

View More Answers

1 Answer | Asked in Employment Law and Education Law for California on
Q: Is my employer, a private university, required to employ me, at-will hourly staff, during their closure for COVID19?

I have a particular contract with my work. I am allowed to work up to 40 hours a week 37.5 weeks out of the year. My position is on site as a technician in the sculpture department. The school is shutting down their onsite operations for at least 3 weeks. They have asked workers who can work from... View More

Neil Pedersen
Neil Pedersen
answered on Mar 10, 2020

The answer to your question will depend entirely on the terms of your contract. Unless modified by contract your employer has no duty to pay you for periods of time that you are not working due to closure. It would be wise for you to locate and consult with an experienced employment law attorney... View More

1 Answer | Asked in Employment Law, Libel & Slander, Civil Rights and Education Law for California on
Q: I have a libel, slander and harassment case; based upon my eye condition. What type of lawyer do I need?
Louis George Fazzi
Louis George Fazzi
answered on Feb 5, 2020

You should start by consulting an employment lawyer who represents employees only, if the matter is related to your work. Otherwise, you have not provided enough detail for me to try to refer you to a different kind of attorney. You can go to the San Joaquin County Bar Association's lawyer... View More

1 Answer | Asked in Employment Law and Education Law for California on
Q: Can an employer deny you catastrophic leave request because you have comp hours on the books

My employer denied my catastrophic leave request because I exhausted my sick leave on January 8th and had 9.75 hours of comp time on the books but they did not use the comp hours for the days that I was off after January 8th and denied my request because of those hours instead they said I can ask... View More

Neil Pedersen
Neil Pedersen
answered on Jan 19, 2020

Paid catastrophic leave is not required under the law. It is a discretionary employer benefit. As such it can be administered as the employer wishes as long as it is not denied or administered in a way that is unlawful, i.e., provided or not because you are a member of a protected class of... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Education Law for California on
Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?

The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 6, 2019

I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its... View More

1 Answer | Asked in Education Law and Sexual Harassment for California on
Q: What is the statue of limitations on reporting a school for violating the students fourth amendment law by strip search

they strip searched me down to only my underwear. they made me take my bra off. i am female.

William John Light
William John Light
answered on Oct 29, 2019

6 months to file a Tort Claim, before a lawsuit is filed, for claims based on state law. Two years for claims based on federal law, and potentially extended until your 20th birthday.

1 Answer | Asked in Civil Rights, Education Law and Sexual Harassment for California on
Q: My school professor discriminated against me but the dean in charge of the investigation closed the case. What can I do?

During the semester, the professor denied multiple verified disability related academic accommodations.

Louis George Fazzi
Louis George Fazzi
answered on Jul 15, 2019

First of all, provide sufficient details to permit a reasoned analysis of your situation. Conclusory statements are unhelpful. Facts and details are most important, but nothing is more important than a chronological statement of who did what, to whom, when, where and how.

1 Answer | Asked in Employment Law and Education Law for California on
Q: I am a PE teacher for 3 schools, can I sue the district for making me switch schools during maternity leave?

I was told that I would have a guaranteed spot back at the schools I taught at after my maternity leave was over. According to the district, due to "declining enrollment" they had to move some teachers around to teach at different schools for the following school year. They are giving me... View More

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Jun 6, 2019

No, you do not have a viable claim. They have accommodated your maternity leave and have alternative employment available for you to work when you return. Why would you want to sue the school district, and what damages would you claim? Emotional Distress for providing suitable alternative... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Education Law and Sexual Harassment for California on
Q: how to get justice

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Dale S. Gribow
Dale S. Gribow
answered on May 23, 2019

more info needed.

it does not sound illegal.

what is the basis of your objection?

if you felt something was wrong then report it to the teacher, counselor or principle

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can I use a recorded conversation as evidence against a school and school district?

I recently had a meeting with the principal and superintendent of my sons school regarding targeted, segregated, bullied, harassed, stalked, discriminated against and illegally searches my son has received several times by a female staff member. I brought a witness to this meeting who wanted to... View More

Louis George Fazzi
Louis George Fazzi
answered on May 4, 2019

You should immediately see a lawyer competent to handle school district and issues like yours, and place the recordings (or copies thereof) into the hands of the attorney for safekeeping until she can determine what to do with them. But do not relinquish control over the originals in your... View More

1 Answer | Asked in Employment Law and Education Law for California on
Q: Can I be fired for a student claiming I pushed him?

The student actually pushed me. I had to hold him to restrain him. student feel when trying to bump me. I tried to help him up. adults saw the incident and saw the student was trying to attack, and one saw him act like he was being pushed when he wasn’t. Cops investigated and stated there was no... View More

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2019

Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.