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California Education Law Questions & Answers
1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Q: What options do I have to get The College Board to honor a legal name change for student records?

I am aware of FERPA, and that their protections generally apply to College Board records. I also know that I can't sue, only file a complaint with the Dept of Education, under FERPA. Is there any other legal option available to me? They are claiming student records more than 4 years old cannot... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 29, 2019

Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not... View More

1 Answer | Asked in Education Law for California on
Q: GOOD AFTERNOON IS THERE A SPECIFIC LAW FOR A PERSON HAS A RIGHT TO A FAIR EDUCATION ???
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

An education attorney is what you may need. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under... View More

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

California Teacher Commission allows 1-year from registration to complete CSET. However, people with disabilities who request test accommodations must wait 1-3 weeks after registration for accommodation authorization and are not allotted additional time to make up for time lost during authorization... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the... View More

1 Answer | Asked in Education Law, Employment Discrimination and Probate for California on
Q: Do I need to report minor misdemeanors dismisses via court plea and petition for dismissal to CTC in COC application?

I am applying for a Certificate of Clearance ( a.k.a COC)through the California Teaching Comission, to start working towards a teaching credential. In their online application for the COC, I am asked to report any criminal history, even misdemeanors that have been dismissed. They also ask to... View More

Richard Samuel Price
Richard Samuel Price
answered on Jan 7, 2019

Give complete and truthful answers to all questions.

1 Answer | Asked in Education Law for California on
Q: Can full time teachers open their own companies while teaching in public schools?

This refers to the laws in the state of California. While teaching in public schools, can a teacher own a side business such as a language school, after-school program, child care facility, or tutoring academy?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

2 Answers | Asked in Education Law for California on
Q: broke her arm while at school on the play ground

broke her arm while at school on the play ground i was notified via phone by the principle that my daughter fell off the monkey bar and hurt herself that ice packs were given and she back in class however my baby sitters husband picked my daughter from school today and noticed my daughter in alot... View More

Donald Arthur Hilland
Donald Arthur Hilland
answered on Dec 23, 2018

I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have... View More

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1 Answer | Asked in Education Law for California on
Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 27, 2018

The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/

More details are...
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1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for California on
Q: Do I have ANY legal right against the California Administrative Code Title 17, 6020?

My child has a 3.8 GPA and is a model student. I have refused to vaccinate her due to my beliefs against the vaccinations until this year. The district is forcing me to vaccinate my 14yr old and will not allow her to attend school until I show proof that she has recvd. the vaccinations. She is... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 8, 2018

Unless you can prove, through a medical doctor, that your child has a bona fide medical reason not to be vaccinated, you have no legal right to refuse to have your child inoculated. It is state law because everyone needs to be vaccinated in order to protect every child. There are no other legal... View More

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for California on
Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.

My daughter was choked twice and sexually harassed by a student in her class, 1st grade. I met with the district once and nothing was resolved. I have been keeping my child home because I am so concerned with her safety at that school. The school can not tell me when that boy will be back at... View More

Angelina Bradley
Angelina Bradley
answered on Oct 20, 2018

You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.

Do a search for “Title IX attorney San Francisco” and that should be a good place to start.

I’m sorry this is happening to you daughter. Good luck.

1 Answer | Asked in Education Law for California on
Q: Can my child refuse to attend school due to saftey concerns?

They have explained multiple times to the principal that they do not feel safe and commit continue attending classes. She asked for a possible transfer into independent study or to be able to do class work in the library but they have refused. Can we get into legal trouble if I allow her to stay... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2018

i would contact the school board/superintendent of schools for where you live.

1 Answer | Asked in Criminal Law and Education Law for California on
Q: Can you hit a camera out of your face if someone is recording you?
Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2018

need more info

the bottom line is you can not take the law into your own hands.

if you hit camera it could be a battery.

if someone is recording you walk away.

same if someone is filming you

1 Answer | Asked in Criminal Law and Education Law for California on
Q: This Individual committed a fraud and we a group of 7 got a judgment, would like to file a criminal case and more.

Also would like to know our limitations, also a gov. agency connected to this case negligence on thier part cause us financial problems till now. Our current lawyer is not following up on our case...which we understand collection is not their line. We want an aggressive lawyer to present us again... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 16, 2018

more info needed

I have a hunch your lawyer is handling this on a contingency????

most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?

if so I will try to refer you once you get all the info organized.

if you are suing a...
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3 Answers | Asked in Consumer Law, Tax Law and Education Law for California on
Q: My name is Sam and i have accumulated over $70,000 in student loan debt over the last 25 years.

During that time i finally graduated Chico State University. I don't have to pay this debt because i have qualified for Total and Permanent Disability through a student loan company called Nelnet. There is a catch during the last 3 years

from May of 2015 through May of 2018 i had to... View More

William John Light
William John Light
answered on Jul 14, 2018

You haven't posted enough information, and you should see a tax professional. However, the federal government has published on this topic (state taxing authority may have a different view):

"Is the discharge of a student loan for Total and Permanent Disability (TPD) taxable?...
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1 Answer | Asked in Education Law, Personal Injury and Civil Rights for California on
Q: Who is allowed to do research on children in the schools?

I am particularly interested in studies that were done in the S.F. school district from 1950 to 1970.

Gary Kollin
Gary Kollin
answered on Jun 4, 2018

I do not know why you think a lawyer would know the answer to that.

Most of these studies which I believe you are asking about the improper one have been brought to the attention of the public.

I suggest you research this matter through publications etc.

2 Answers | Asked in Civil Litigation, Communications Law, Criminal Law and Education Law for California on
Q: I am a teacher in a California public school. Is it legal for a parent to take my picture and send my to my boss?

She states we are not doing our job properly because we were talking among colleagues while the students were playing.

William John Light
William John Light
answered on May 17, 2018

Yes, it is legal to take photographs in a public space where there is no expectation of privacy. A public school, on public property, during school hours, is such a location.

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2 Answers | Asked in Criminal Law and Education Law for California on
Q: My assistant principal yelled at me during a meeting I had with her and my counselor regarding my grades, is this okay?

the whole reason this meeting happened was because the school secretary called my mom stating that I was not going to graduate and that we have to have a meeting regarding your child's grades. In all actuality the school was contacting parents of students who were either receiving a D or and F... View More

Dale S. Gribow
Dale S. Gribow
answered on May 8, 2018

much more info needed..........

sooo you are graduating?

i suspect you could not afford a lawyer at an hourly rate so your best bet if you can't get satisfaction, is to file in small claims if you were damaged.

you can always go to the school board if you have been wronged.

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1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Rights for California on
Q: Son suspended from school for drawing a gun and unjustly admitted to a treatment facility. Type of attorney I need?

My son drew a picture of a gun at school and was suspended for the remainder of the year. In the following days, a police social worker met with my son and determined he needed to see a Dr. and the next thing I knew he was admitted to a treatment facility where no Dr or social worker at the... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 30, 2018

a lot more info is needed.

what was the assignment at school as to what to draw or did he do on his own?

sounds like overkill for just drawing a pix of a gun rather than drawing a gun

how old is son?

i would have complained right away to the principal, school board...
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1 Answer | Asked in Immigration Law, Adoption, Child Support and Education Law for California on
Q: I need help, what can I do ?

I know you will say just go back, but I need someone who can help, I'm 18 years old and I came to the us and I have overstayed and I'm really struggling I am young and about to be homeless soon, but I don't want to go back I would hate to what can I do that can help me a little, I am... View More

Carl Shusterman
Carl Shusterman
answered on Apr 14, 2018

Difficult situation. However, in the future, if you fall in love with and marry a US citizen, your spouse could sponsor you for a green card.

2 Answers | Asked in Family Law, Child Custody and Education Law for California on
Q: Hello I am in California and my sons teacher is not informing me of my son's behavior problems. What can I do?

I am involved in a custody matter. My son was ordered to live with his dad and has been expressing aggression in school. He is 6 years old. This has been going on since he has moved away. His dad has not informed me. His teacher has not informed me as well. I ask every Friday I pick up my son and... View More

William John Light
William John Light
answered on Apr 12, 2018

Ask for a meeting with the teacher and principal. Explain that you just heard about behavior problems with your son and that you want to be kept better informed. Leave your dispute with your husband out of it.

Get family counseling for yourself and your son, if possible.

You...
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