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California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: As a non-profit 501(c)(3) online academy for SUD Counselors that leads toward a state certification am I exempt?

I applied for a BPPE Exemption, as my school is a non-profit agency that only leads toward certification. I was told by the BPPE that I was qualified as a school by the state, but I do not qualify for an exemption from BPPE because I provide live - internship and practicum experience to my... View More

James L. Arrasmith
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answered on Sep 28, 2023

I recommend consulting with an attorney experienced in education law and regulatory compliance to review your specific situation and the denial letter from the BPPE. An attorney can help you understand whether there are grounds to challenge the denial and guide you on the appropriate steps to take... View More

1 Answer | Asked in Education Law and Family Law for California on
Q: What am I supposed to do when wife pulls kid from school without having a school lined up

My wife just doesn't like the school or kindergartner goes to. She really has been looking for a reason to pull our kid. Well one day after work 3 days ago. She tells me shes never going back cuz a kid is mean to her, she claims its abuse. And shes pulling her that day. After a yelling match... View More

James L. Arrasmith
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answered on Sep 14, 2023

Under California law, both parents typically have equal rights and responsibilities regarding decisions related to their child's education. If your wife has unilaterally withdrawn your child from school without a legitimate reason and without an alternative school in place, you may consider... View More

1 Answer | Asked in Education Law for California on
Q: Is a Learning Specialist liable if private non funded school does not hire enough staff to provide LD accommodations

I’m the only Learning Specialist at a non funded K-12 independent school in CA. Am I liable if not all students can be guaranteed their learning disability accommodations ? Or is the liability on the school? Or is there any liability if students don’t get their accommodations? Please help. Thx

James L. Arrasmith
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answered on Sep 7, 2023

In California, the liability typically falls on the institution, which in this case is the school, to provide the necessary accommodations for students with learning disabilities as required by law. However, as an employee, you are expected to uphold the policies and requirements set forth by the... View More

1 Answer | Asked in Education Law for California on
Q: A student had an inter district transfer agreement. We were told her enrollment was conditional for truancy.

So we enrolled her in her home district just in case the enrollment was revoked a couple of days before school. The SARB was to be held a couple of days after school. Upon receiving the records request, the inter district immediately dropped the enrollment of the student before school and before... View More

James L. Arrasmith
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answered on Sep 7, 2023

Under California law, whether the drop in enrollment was lawful can depend heavily on the specific terms outlined in the inter-district transfer agreement and the district's policy on truancy. Generally, it would be expected that a decision such as this would only be made following the... View More

1 Answer | Asked in Education Law for California on
Q: Are there any laws in place protecting Sp. Ed students from being given online services when in person is preferred?

I have twins in speech therapy. They received in person sessions all last year. This year they were switched without notice to online speech services (even though there is an on site speech therapist available). I want them switched back to in person because I know from the shut down that they do... View More

James L. Arrasmith
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answered on Sep 2, 2023

Under the Individuals with Disabilities Education Act (IDEA) and California state law, your children are entitled to a Free Appropriate Public Education (FAPE) tailored to their unique needs, which usually means services must be delivered in the manner most effective for the student. You have the... View More

1 Answer | Asked in Education Law for California on
Q: Are school teachers entitled to a planning period in the state of California? If so, please kindly forward this law.
James L. Arrasmith
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answered on Aug 27, 2023

California Education Code section 44807 requires that California school teachers receive a duty-free lunch period or a duty-free preparation period during each schoolday. This allows teachers to have time for planning and preparation without assigned supervisory or instructional responsibilities.

1 Answer | Asked in Education Law for California on
Q: I'd like to inquire whether it's acceptable to pose ?

"I'd like to inquire whether it's acceptable to pose questions. Participation is voluntary, and those who engage may gain access to this AI. It's essential to emphasize that our aim is not to replace jobs but to support lawyers in increasing their productivity and simplifying... View More

James L. Arrasmith
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answered on Aug 19, 2023

I'm pleased to provide guidance on your inquiry. In California, it is certainly acceptable to pose questions regarding the acceptable use of AI tools for legal support and educational purposes. Emphasizing the voluntary nature of engagement and the intention to enhance productivity and... View More

1 Answer | Asked in Education Law for California on
Q: Can you sue a college for not providing the education you paid for during covid lock down?

This college was a private university , very expensive that markets the school for its high tech simulated labs for nursing students to learn on, their small personalized classes ,labs etc...During Covid lock down my daughter spent 2 years teaching herself on a laptop in her bedroom. All classes... View More

James L. Arrasmith
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answered on Aug 20, 2023

Whether you can sue a college for not providing the education as promised during COVID lockdown depends on various factors, including the terms of the enrollment agreement and any modifications due to the pandemic. If the college did not fulfill its contractual obligations or misrepresented the... View More

1 Answer | Asked in Family Law and Education Law for California on
Q: What are the rights of a parent to child's classroom assignment if the basis was just random selection?

My child was transferred to another classroom and school claimed they randomly selected the students to be transferred. What are my rights as a parent so my child stays in his original classroom assignment. I hope someone can enlighten me. Thank you very much.

James L. Arrasmith
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answered on Aug 13, 2023

Parents generally do not have a legal right to demand a specific classroom assignment for their child, especially if the school's basis was a random selection process. However, you can communicate your concerns to the school and inquire about any available options or appeal processes, as... View More

1 Answer | Asked in Education Law for California on
Q: An irregularity occurred with my SAT validation, and I believe college board is unlawfully rejecting my score.

I took an SAT, and halfway through, I was informed by my administrator that I am taking the purple one, instead of the blue one she was supposed to give me. However she said there was no difference in any aspect of the two colored versions and that I would be 100% ok to continue with the purple one... View More

James L. Arrasmith
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answered on Aug 10, 2023

While I am not providing legal advice, based on the information provided, it may be possible to explore legal options against the College Board if you believe they have wrongfully rejected your SAT score without valid justification. Consult with an attorney experienced in education law to evaluate... View More

1 Answer | Asked in Education Law and Health Care Law for California on
Q: Under California law, each section of a bill must generally pertain to a single subject; the "single subject rule".

Then if H&S code 120372 is about the “Electronic, standardized, statewide medical exemption certification form”, shouldn’t all of 120372 be about this electronic form? Or is this an exeption?

Robert Kane
Robert Kane
answered on Jul 28, 2023

Cal. Health & Saf. Code § 120372 is not a bill. Perhaps you could ask your specific question?

1 Answer | Asked in Education Law and Employment Law for California on
Q: Can a private school require you to work over your contracted part time hours, less then 20, for no additional pay?

My salary is based on 15 hours weekly. It’s calculated from 37.5% of a 40 week salary. My total compensation including 2 free child tuition benefits is about $25K. $15K is my overall yearly wage based on the part time calculation. I’m being told I might need to work more then my 15 contracted... View More

James L. Arrasmith
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answered on Jul 21, 2023

The employment laws in California generally require employers to compensate employees for all hours worked, including overtime, as mandated by state and federal laws. If you are asked to work more hours than your contracted part-time hours and the additional work qualifies as overtime under... View More

1 Answer | Asked in Criminal Law and Education Law for California on
Q: Do I need to disclose a case that was sealed and dismissed to a medical school? At the time, I was charged as a minor.

Per the legislature that I was charged in, it says I can answer all questions as if the incident never happened (Nebraska). But, this question states: "Please state whether you were involved in any incidents that led to arrest or any criminal process that may not be reflected in your FBI or... View More

James L. Arrasmith
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answered on Jul 21, 2023

You should comply with the specific requirements of the medical school's application, which asks for disclosure of incidents leading to arrest or criminal processes, including expunged, not prosecuted, or dismissed matters. While Nebraska Revised Statute 29-3523 (8) may offer protections... View More

2 Answers | Asked in Education Law for California on
Q: i submitted my application for an 540 before summer semester, but the college challenged my legal status is too recent

Can I appeal the decision? Is there any way to qualify for CA resident for summer section that was started 2 weeks ago

T. Augustus Claus
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answered on Jul 11, 2023

Colleges have established procedures for appealing residency classification decisions. You may need to provide additional documentation or evidence to support your claim of California residency. This could include documents such as lease agreements, utility bills, or employment records that... View More

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3 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Education Law for California on
Q: I want to sue a school district for defamation, but I can't find a lawyer who deals in educational civil litigation.

Management fabricated a story, an easily disprovable story, because, in the story they made up about me, they also made up witnesses to the made-up story. This is a discrimination case as well as a defamation case. I am being harassed because of my color. I need to find a good lawyer who will take... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 25, 2023

There are many attorneys who sue school districts, but less attorneys who take on cases for defamation. These type of cases have many risks and complications. Additionally, not all cases where it is believed there is defamation and or harassment, actually fit the what is legally considered... View More

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2 Answers | Asked in Education Law and Business Law for California on
Q: We are trying to form a booster club at our kids high school. We have our ein number and have filed with irs. Is it

Is it legal for us to start fundraising before we have been approved by the schoo board as a school connected booster club?

Robert Kane
Robert Kane
answered on Jun 8, 2023

No, it is not legal for you to start fundraising before you have been approved by the school board as a school connected booster club. Obtaining the school board's approval and a 501 designation requires much more than being assigned an identifying number. It would be wise to consult with an... View More

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1 Answer | Asked in Education Law for California on
Q: Can the school take away my son's asthma inhaler medicine when he is using it at school ?

My son miss a day of school and we took him to the hospital and the doctor recommended him to use the inhaler that will help with breathing treatment for his asthma and my wife took the doctor note and the school refused saying that they have their own form and policy and they took away my... View More

James R. Dickinson
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answered on May 17, 2023

You definitely need to get the school's attention. Your son needs access to his inhaler. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... View More

1 Answer | Asked in Education Law for California on
Q: A teacher spanked my son in class do I have a case?

I received a phone call from my son's principal saying he was misbehaving in class teacher took it upon herself to spank him besides that she is single them out throughout the whole year butting his desk right up to hers I'd like to sue them for child abuse and mental distress

James R. Dickinson
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answered on May 17, 2023

A teacher cannot spank a student in California. Speak with an attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Copyright, Business Law, Education Law and Intellectual Property for California on
Q: What options are there to publish a translation of a book/material for which the author is unknown?

For example, material/manuscripts from obscure/ancient origins and unknown copyright.

Is it legally permissible to publish a translation of such works and state that the author is unknown?

James L. Arrasmith
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answered on May 16, 2023

Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... View More

1 Answer | Asked in Education Law for California on
Q: Can I choose to enroll my 6 year old in Kindergarten and does that count as compuslory full-time education?
James L. Arrasmith
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answered on May 9, 2023

In most states in the United States, children are required to attend school from a certain age until they reach a certain grade level. The age and grade level requirements vary by state, but generally, children must attend school from age 5 or 6 until they reach age 16 or 18.

In many...
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