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California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: If a student is in special education and has a IEP can parents request for a specific School psychologist to attend.

If a student is in special education and has a IEP can parents request for a specific School psychologist to attend the IEP meetings even if the specific school psychologist isn't working with that student anymore but has great knowledge about that student?

James L. Arrasmith
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answered on Jan 19, 2024

Under California law, parents of a student with an Individualized Education Program (IEP) do have some rights regarding team member participation in IEP meetings. The law recognizes the importance of having knowledgeable individuals present who understand the student's needs.

You can...
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1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Employment Law for California on
Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?
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answered on Jan 18, 2024

In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Can special education students have a specific preferred school psychologist as there metal health services provider?

And that the school psychologist also wants to provide metal health services to that student.

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, students in special education are entitled to receive appropriate mental health services as part of their Individualized Education Program (IEP). The selection of a service provider, including a school psychologist, typically depends on the school district's policies and... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Is it illegal for students to say racist slurs to staff and other students?
James L. Arrasmith
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answered on Jan 14, 2024

I do not have enough context or details to determine if a specific instance of students saying racist slurs would be illegal. However, some general considerations on this complex issue:

- Schools and workplaces typically have codes of conduct that prohibit harassment, bullying, and hate...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for California on
Q: Is my 9-year-old grandson's constitutional rights to an education being violated? He should be in the 4th grade now.

My grandson has not attended school since October of the first grade; all absences are unexcused. The mother is extraordinarily permissive, and allows him to make his own decisions about school, doctor visits, preferred activities, etc. He was recently diagnosed with ODD.

The school has... View More

James L. Arrasmith
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answered on Jan 6, 2024

In California, the right to an education is indeed a fundamental one, and every child between the ages of 6 and 18 is required to attend school under the state's compulsory education laws. If your grandson has not been attending school regularly since the first grade, this could be a violation... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: does the law provide students a right to a specific preferred individual as a provider?

And if not does the law provide Special education students a right to a specific preferred individual as a provider?

James L. Arrasmith
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answered on Dec 15, 2023

In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504... View More

1 Answer | Asked in Education Law and Consumer Law for California on
Q: I attended a Fashion school, called FIDM, and they recently sold their school to Arizona State / a French school

Now I feel like the prestige is gone in my degree and I owe tuition still for what I feel for no reason. I’m lost of what to do now!

James L. Arrasmith
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answered on Dec 8, 2023

In California, when an educational institution undergoes a change such as a merger or acquisition, it does not automatically devalue your degree or credits. The prestige and recognition of your degree largely depend on the reputation of the new institution and how the transition is managed.... View More

1 Answer | Asked in Education Law and Criminal Law for California on
Q: What is "special notification to jail"(Haircut, dr.appt) mean?

I went to be arraigned after court I looked up my case online. It shows the reason for court, next to it says outcome. The very first this it said on mine was special notification to jail (haircut and dr.appt,ect)

James L. Arrasmith
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answered on Nov 29, 2023

In the context of California law, "special notification to jail" on a court document typically refers to instructions or notifications sent from the court to the jail regarding the needs or requirements of an inmate. In your case, mentioning a haircut, doctor's appointment, etc.,... View More

1 Answer | Asked in Education Law for California on
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??

My daughter read Life As We Knew It in 6th grade(11 yrs old). It intails a pastor convincing a girl to starve herself so the rest of the congregation will have faith that God is on their side during an end of the world situation. The girl sucums to the practice and dies. She refused to listen to... View More

James L. Arrasmith
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answered on Nov 19, 2023

Under California law, public schools can assign reading material that contains references to Christianity, fasting, and sacrifice practices, as long as the material is part of a curriculum that serves an educational purpose and is not intended to promote or endorse any particular religious belief.... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??

This book has a A pastor telling a girl to starve herself to make his congregation believe God is with them, since they believe its the end of the world..she did the 40 day starvation.

She ended up dying as a result and quiet agonizing, as the book talks about her journey and the pain the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In the United States, public schools have the responsibility to ensure that the curriculum, including assigned reading materials, adheres to the principles of secular education as mandated by the First Amendment. This means that schools must avoid endorsing or promoting any particular religion or... View More

1 Answer | Asked in Juvenile Law and Education Law for California on
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp

So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel... View More

James L. Arrasmith
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answered on Nov 16, 2023

In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the... View More

1 Answer | Asked in Education Law for California on
Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?

This other student has hit his teacher and slapped a parent volunteer along with hitting other students too.

James L. Arrasmith
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answered on Nov 9, 2023

I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take:

- Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help....
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1 Answer | Asked in Education Law for California on
Q: Does my son get compensation from the speech therapy not offered to him in a public school during COVID-19?

The lisp continued to get worse.

James L. Arrasmith
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answered on Nov 8, 2023

In California, public schools are required to provide students with the necessary special education services, including speech therapy, under the Individuals with Disabilities Education Act (IDEA). If your son was denied speech therapy during COVID-19, you may have the right to seek compensatory... View More

1 Answer | Asked in Family Law and Education Law for California on
Q: My sons teacher got in my sons face yelling & put his hands around my sons neck. My sons classmate recorded the incident

Can i take the school / teacher to court?

James L. Arrasmith
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answered on Oct 31, 2023

In California, a teacher physically assaulting a student is a serious matter. Under California law, such conduct may be grounds for both criminal charges against the teacher and a civil lawsuit against the teacher and potentially the school district for damages. If you possess a video recording of... View More

1 Answer | Asked in Education Law for California on
Q: okay I am a student in California.My teacher rudely pulled my AirPod out of my ear and refused to give it back can I sue
James L. Arrasmith
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answered on Oct 16, 2023

In California, teachers have a duty to maintain a safe and orderly classroom environment, but they must also respect students' personal boundaries. If a teacher pulls an item from a student in a manner that's considered forceful or aggressive, it might be viewed as battery, a tortious... View More

1 Answer | Asked in Education Law for California on
Q: Can a school district fail a student in a high school class when they failed to notify them for two weeks they were

approved for their online enrollment application (after inter-district transfer approved) and basically forgot to contact the registrar at this CA public high school causing my high schooler to miss 2 weeks of school and would still be missing today if we didn't stop by. We notified them... View More

James L. Arrasmith
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answered on Oct 14, 2023

In California, public schools are required to provide all students, including those with disabilities, with equal access to education. If your child has a documented disability, the school district must comply with federal laws, such as the Individuals with Disabilities Education Act (IDEA) and... View More

2 Answers | Asked in Education Law and Sexual Harassment for California on
Q: Do schools with less than 50 employees need to do title ix training?

Do employees working at the school who are deemed part-time, less than 20 hours per week need the title ix training?

T. Augustus Claus
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answered on Oct 5, 2023

In California, Title IX training requirements can extend beyond just the larger educational institutions. While federal Title IX regulations primarily apply to institutions receiving federal funding, California's state laws have broader implications. The California Education Code requires all... View More

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2 Answers | Asked in Personal Injury and Education Law for California on
Q: My 5year old daughter has an iep and she broke her arm on the playground . What do I do next ? Who do I speak with?

The nurse made an assumption saying she is fine when we picked her up and we got to the hospital and it’s broken .no one has given me an incident report or even explained to me what happened. I asked what adult was on the playground and no one in the office knows anything and it’s been 5 days

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A California attorney could advise best, but your question remains open for a week. I'm sorry about your daughter's accident. You could try to arrange a free initial consult with a local attorney to discuss. If an attorney feels you may have the basis for a case, they could investigate... View More

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1 Answer | Asked in Education Law for California on
Q: My daughter, was placed on strict probation for 6 weeks in her school and suspended for 3 days.

She did call her dean a bad word to her friend and the assistant heard (the assistant principal is her husband) the assistant screamed at her in front of everyone which was traumatizing for her. She apologized to the dean and has been doing detention for the last 4 weeks. They took her off all... View More

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answered on Oct 10, 2023

Certainly, it's concerning when a student feels disproportionately punished. In California, schools should have clear and consistent discipline policies. First, review the school's handbook or discipline policy to see if the punishment aligns with stated procedures for such an infraction.... View More

1 Answer | Asked in Education Law for California on
Q: Can I be helped if my son has been suspended from school and is awaiting hearing for expulsion. Is the service free ?

He was suspended for brandishing a pocket knife on school grounds. According to school police he only showed it very quickly to scare away older kids that were trying to fight

James L. Arrasmith
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answered on Sep 28, 2023

Yes, legal assistance may be available for your son in a school suspension and expulsion hearing. California provides due process rights to students facing disciplinary actions, and they may be represented by an attorney or advocate during the hearing. Whether the service is free would depend on... View More

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