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California Education Law Questions & Answers
2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Education Law for California on
Q: Phone and Calculator gone. Same day, emailed about phone. Test next day. Day after. Received email about calculator.

Phone and Calculator disappeared, on Tuesday. On the same day, an Instructor wrote an email to say he has my phone. The next day, we had a Midterm. I decided not to go back to the school when I realized it was gone, I was afraid of the other students. I went to another college, to speak to... View More

William John Light
William John Light
answered on Apr 9, 2018

It is unclear why you are complaining that someone is trying to return your calculator, or why you think this is a legal problem. There is no evidence in your post that your Instructor had your calculator the entire period of time it was missing, or knew that it was yours. You don't explain... View More

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1 Answer | Asked in Education Law, Criminal Law and Juvenile Law for California on
Q: How much time for battery on special ed staff i am a minor turning 18 in 2 months am in california

Im a 17 year old and go to a special ed school in california well 3 staff came in to check my perosnals for drugs and I had sum but was only a little bit but got anxious from them ssurrounding me and tryed to get out the door for fresh air and one staff got in way i tryed to get passed him and had... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2018

NEED MORE INFO.........IE POLICE REPORT ETC

YOU ARE A MINOR AND IF THIS IS HANDLED IN JUV CT THEY CAN ONLY KEEP YOU UNTIL YOU ARE 25.........THAT IS WORST CASE SCENARIO.......................

1 Answer | Asked in Civil Rights and Education Law for California on
Q: What right does a school have to ask our kids about my second amendment right and what guns are in my house

My son was asked about my second amendment right and what guns and how they are stored in my home he was asked privately by a principal with no parent present what right do they have

Louis George Fazzi
Louis George Fazzi
answered on Apr 4, 2018

You have not provided sufficient information to allow me to answer this question properly. For example, how old is your son? What level of school is he in? How did the issue of guns in the home come up?

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for California on
Q: I live in California and my son got stabbed with a pencil in the leg by a 10 year old can he or his parents be charged

It happened at school and same kid has been suspended before for beating up kids for no reason. He stabbed my kid in the leg intentionally and with premeditation. I want to know what I can do legally because school doesn't seem like they are doing anything other than suspending him again.

William John Light
William John Light
answered on Mar 23, 2018

He can be charged as a juvenile. Request a meeting with your local district attorneys office in regards to potential juvenile criminal charges.

It's not clear that the school has power to do anything other than suspend him.

1 Answer | Asked in Education Law for California on
Q: What do I need to do to fight a plagiarism accusation?

My professor accused me of plagiarizing a small portion of a case briefing I had to write.

The assignment was to write a case briefing in my own words on the Brown v Board of education case. The case mentioned a state statute that I felt was vital to the case. I tried my best to put the... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 12, 2018

If you were simply trying to quote the state statute, that is not plagiarism, unless you took a lay description from another source instead of simply quoting the statute. If I were you, I would write a statement of how you did your research and writing regarding the particular part you are accused... View More

1 Answer | Asked in Education Law for California on
Q: Does the general and special interrogatory have to be sent over at the same time? Or can special be sent over later?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 4, 2018

As long as you are complying with the other required procedures (format, timing, number, etc.), you can serve specially prepared and form interrogatories at different times. Same for inspection/document demands.

2 Answers | Asked in Education Law for California on
Q: Can I sue if my son's teacher fails to follow the 504 plan.

Before we charged to a new schools this school year my 7 yr old son had a 504 plan in place already. Once we switched in November we went over plan with his new teacher. Since that day she has not followed the plan. She has suspended him and sent home multiple referrals for the behaviors listed in... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 12, 2018

Yes, you need a consultation with an attorney experienced in disability and education law. You may be able to get this resolved through the administrative process, but you need to get going right away.

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1 Answer | Asked in Education Law for California on
Q: Can i sue if a school told me my daughter who is only 9 was failing and has been her hole life

And there is no where at there school were ahe fits in at slow classes are to slow and regular classes are too advance for her i thought the rule was no child is left behind

Lori E. Arons
Lori E. Arons
answered on Feb 10, 2018

I hate to answer a question with a question, but has she been evaluated for special education and related services? If not, you can refer her to the school's Child Study Team for an evaluation. Evaluations clarify needs and drive both services and placement. They can't really know what... View More

2 Answers | Asked in Personal Injury, Education Law and Juvenile Law for California on
Q: My daughter was diagnosed with Bell’s palsy and I want to take her out of school for the rest of the year. is it legal?

My daughter has very good grades, and I know she has been working really hard, she is a junior, and I don’t want her stressing about school, she told me that she wants to drop out for the rest of this school year, and i agree with her. I just don’t want to go to court or I don’t want to be... View More

William John Light
William John Light
answered on Jan 31, 2018

California students may drop out legally once they turn 18. Students who are 16 or 17 may also leave school, but only if they: have their parents' permission, and. pass the California High School Proficiency Exam (which leads to a certificate that's equivalent to a diploma).

This...
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1 Answer | Asked in Civil Litigation, Education Law and Personal Injury for California on
Q: My friend was expelled from school for drugs and false accusations, what are her options?

My friend was expelled from her private high school for drugs and false accusations. However, the principal expelling my friend w/o evidence or before an investigation, he just took his word. My friend accuses a school security guard harassing and bullying another student. They dismissed her... View More

Alex Ozols
Alex Ozols
answered on May 5, 2018

She should try to see if there is a licensing authority in her area where she can appeal to. There are a lot of lawyers that do administrative law. Maybe she can look for a lawyer in her area that practices administrative law and set up a free consultation.

1 Answer | Asked in Civil Rights, Criminal Law and Education Law for California on
Q: Can you have illegally use weed sented body spray in public places like a school or around a police officer
Louis George Fazzi
Louis George Fazzi
answered on Jan 10, 2018

Were you too stoned to finish your question?

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for California on
Q: Is it legal in California to audio record a 1st grade teacher for the sake of proof?

I want to know if i can hide/put a voice recorder on my 6 year old for to take to 1st grade because her teacher has been abusive to her and would like to get her on tape.

William John Light
William John Light
answered on Dec 24, 2017

No. It is illegal to secretly record a private conversation where one of the parties has a reasonable expectation of privacy. California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a... View More

1 Answer | Asked in Education Law, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Does a doctor have to show you their degree if you ask them to?

I believe my friends family is being taken advantage of. His father takes them all to some doctor, and the doctor seems to be very quick to jump to conclusions and prescribes many supplements. My friend's entire immediate family, except for the father, and I both believe it's extreme,... View More

William John Light
William John Light
answered on Dec 18, 2017

You can verify licensure with the State of California:

http://www.mbc.ca.gov/Breeze/License_Verification.aspx

http://www.ombc.ca.gov/consumers/license_ver.shtml

http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=DC&p_qte_pgm_code=8500

To answer...
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3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on
Q: I'm a single mother going to school to finish a nursing program. I have 30000+ in studLdebt. Can I prove unude hardship?

I was told I cannot prove undue hardship because I may someday after the program be able to pay. (Loans obtained fraudulently from a for profit college in trouble with the fed govt) So 3 years from now I may get a job nursing. All the while accruing interest on these loans. I support my son on... View More

Nels Hansen
Nels Hansen
answered on Dec 10, 2017

Incorrect information about your college enrollment status can cost you warns the Consumer Financial Protection Bureau. In a Consumer Advisory published February 2017, the CFPB outlined the ways the bad information about enrollment status can wreak havoc for student borrowers. The sale of your... View More

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3 Answers | Asked in Personal Injury and Education Law for California on
Q: What can I do to fix this?

I am 17 years old and the ASB President of my high school. My ASB Vice President, also 17, filmed me naked in the shower during our school retreat and showed everyone the video of me naked--ridiculing me. She replayed the video multiple times, despite me being naked. I felt completely violated, and... View More

William John Light
William John Light
answered on Dec 8, 2017

You can file a police report. What happened to you is a crime. Several crimes, actually. You can sue her for invasion of privacy and a number of other claims. Since you are 17, this has to be done through a parent, or other adult. It is possible that their may be claims against the school, but... View More

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1 Answer | Asked in Contracts and Education Law for California on
Q: I'm in a private high school in CA. Can a counselor force me to meet with her if I haven't said anything incriminating?

My parents, therapist, and psychiatrist have all told the school they do not want me to meet her. She is terrible, unlicensed, and makes it a lot worse.

David Keith Hicks
David Keith Hicks
answered on Nov 29, 2017

No court will order you to see an unlicensed counselor. ARe you sure she's unlicensed. Normally, a school guidance counselor takes additional classes to get a certificate to become a counselor, not a license. She might have done that.

Of course, a court could order you to see...
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1 Answer | Asked in Education Law for California on
Q: Is it legal for teachers to talk about death row and to curse in front of students all the time?

Hi, I'm a high school student that has a graphic design teacher that constantly curses and gossips about students all the time (to the whole class). Today she talked about her views on death row and how she thinks it's right, etc. Is this legal? She's been treating all her students... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 28, 2017

You should discuss these issues with your school counselor. Be guided by what advice you get.

1 Answer | Asked in Education Law and Criminal Law for California on
Q: When do schools have authority to search property?

I got a 1 day suspension from school today for “defiance” when I refused to have my backpack searched by school security, claiming that they did not have “reasonable suspension that was directed towards me.”

Basically, a phone got stolen in the middle of our class, and security... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 27, 2017

how old are you? what grade?

i do not specialize in school law but always though they can search if you are in school

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for California on
Q: What education options are available in California public high school when recovering from post concussion syndrome?

My child suffered a concussion 2 months ago and is unable to be in school due to several disabling symptoms. I have been able to get the school to initiate a 504 for when its time to return to school but I'm not sure what they plan to include in that plan, which may be inadequate too and could... View More

William John Light
William John Light
answered on Nov 19, 2017

The 504 and IEP will answer your questions. If you believe that those are inadequate, talk to an education law attorney.

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1 Answer | Asked in Education Law for California on
Q: Can i seek legal action if my sons teacher is verbally abusing, harassing, discriminating and wishing harm on him?

sons teacher told him "you disgust me, i hope you get hit by a car"

He also said, "you're trash in football" says hes the reason they lost the game

belittles him infront of entire class

joins the mocking from other classmates

my son has a... View More

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Nov 7, 2017

You should definitely contact a local Personal Injury plaintiffs' attorney to fully discuss the case. Another option is to report the teacher to the CA Commission on Teacher Credentialing, which is the agency that regulates their license to work, and initiate an investigation. I think this... View More

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