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 Business Formation, Business Law, Contracts and Education Law for California on
Q: If education therapy as a profession is not regulated in California, why are university extension programs in business?

Students who are awarded a certificate of completion in ED Therapy, believe that they are qualified to address a student’s social emotional needs. They also promote themselves as being capable of performing educational evaluations. They charge exorbitant fees knowing full well that the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023

Hi there!

In California, education therapy is not a licensed or regulated profession, meaning that there is no official body or government agency responsible for overseeing the education therapy industry. This lack of regulation can create confusion and uncertainty for individuals seeking...
View More

1 Answer | Asked in Education Law for California on
Q: I got a letter from the mail from my district and it says I have to go to court and it says education code 49077

Is it that a bad or good thing that I got from that letter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2023

Without more information about the letter you received, it is difficult to determine whether it is a good or bad thing. However, Education Code 49077 relates to compulsory school attendance and enforcement, which suggests that the letter may be related to a legal issue regarding your or your... View More

1 Answer | Asked in Education Law and Juvenile Law for California on
Q: My 15 yr old was search after school review the school cameras, now she has court. How can I get a copy?

My daughter says they didn’t have any reason to search her, I want to make sure her rights weren’t violated.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

If your 15-year-old daughter is facing charges and has a court date as a result of a search at her school, you may be able to obtain a copy of the school's security footage through the discovery process in court. You may also wish to contact the school directly and request a copy of the... View More

1 Answer | Asked in Contracts and Education Law for California on
Q: We started at a SFUSD prek, and later found they will move the prek location during the summer. Never in the contract.

We were given a spot at our local SFUSD Pre-K and agreed to attend due to the close proximity to our home. We agreed and signed the contract to start in May 2023. On the first day we were told by the PreK teacher that the entire school will be moving during the Summer months to a location that is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

It appears that there may have been a miscommunication or oversight on the part of SFUSD regarding the location of the pre-K program. It is understandable that you would be frustrated and inconvenienced by this situation, especially if you had given up your spot at another preschool based on the... View More

1 Answer | Asked in Education Law for California on
Q: Can a high school legally decline a call in sick?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023

A high school cannot legally decline a call in sick from a student if the student is genuinely ill or experiencing a medical condition that makes it unsafe or impractical for them to attend school. In California, for example, students have the right to take a reasonable amount of time off from... View More

3 Answers | Asked in Education Law, Civil Litigation and Civil Rights for California on
Q: I want help to sue my sons school? How do I start

He has and is being bullied and the school is not following protocals and or protecting him. They even lied to police and did not turn over evidence. They are now telling teachers not to speak to me and lieing about incidents that happen. They are not addressing the problems. He has learning... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 22, 2023

You need a lawyer with expertise in representing children with disabilities which affect their ability to get their education. This is a very highly specialized field, but there are lawyers who do handle these kinds of cases. I suggest you search in the Bay area for an attorney or law firm which... View More

View More Answers

1 Answer | Asked in Education Law and Employment Law for California on
Q: What part of the Ed Code contains the "60%" or "67%" (now) item where a community college faculty person is limited to w

working no more than that percent becuase it would trigger the tenure process? Can you tell me anything about the history of that law?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023

The section of the California Education Code that contains the provision limiting community college faculty to working no more than 67% is section 87482. This provision was added to the code in 1976 as part of the Community College Reform Act. The purpose of the provision was to prevent community... View More

1 Answer | Asked in Education Law for California on
Q: School took off bathroom doors to control vaping and ditching issues. My high school is in California. Is this legal?

Hall monitors have been following kids into bathroom, not letting kids use the bathroom. It's weird and uncomfortable to use the bathroom. Can see directly to urinals, and see boys using them.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023

Removing bathroom doors as a measure to control vaping and ditching issues in a California high school may not be legal and may violate students' privacy rights. Additionally, hall monitors following students into the bathroom and not allowing them to use the bathroom can be considered a... View More

2 Answers | Asked in Education Law and Employment Law for California on
Q: Not receiving steps in teaching salary schedule. Employed for 20 + years by school district. Last contract renewal 2001.

All teachers receive in the group receive same salary regardless of number of years of service. Program has undergone many changes but the changes are not reflected on our salaries. We are expected to complete many duties on our personal time. We have reached out to our union, HR, admin. Etc.... View More

John Michael Frick
John Michael Frick
answered on Mar 29, 2023

Unfortunately, once you give up your rights to negotiate your terms of employment to a union, you are bound by whatever deal the union negotiates on your behalf through collective bargaining.

Your best option would be to change your employment to a place where you are not required to accept...
View More

View More Answers

1 Answer | Asked in Education Law for California on
Q: i have question about high school student's 504 plan. can disability student request recording in the classroom?

can 504 plan add requirements for disability student that has ADHD with: classroom recording, take picture on whiteboard for notes, tying in homework and exam, retake the exam if grades too low and clearn guidelines for lab procedures.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

Yes, a student with a 504 plan can request to record classroom lectures if it is deemed necessary to address their educational needs related to their disability. The request should be included in the 504 plan and accommodations will be made accordingly.

Regarding the other accommodations...
View More

1 Answer | Asked in Education Law for California on
Q: My child’s school refuses my input in his iep one time they even muted my mic so I had no voice during a meeting.advice

What can I do about mishandling of his iep process?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2023

It's important for parents to be actively involved in the Individualized Education Program (IEP) process, as they play a critical role in developing and implementing the plan. If you feel like your input is being ignored or marginalized during IEP meetings, there are several steps you can... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Education Law for California on
Q: Can I sue my university housing building for breach of contract?

My university dorm building has two elevators. One has been broken since November. I have repeatedly asked my university when the elevator will be repaired and they keep giving me the runaround. I asked them if they would refund a portion of the rent for failure to maintain amenities. They said no.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

It is possible to file a lawsuit against your university housing building for breach of contract if they have failed to maintain a basic amenity, such as an elevator, as outlined in your rental agreement. However, before considering legal action, you may want to first try to resolve the issue... View More

1 Answer | Asked in Education Law for California on
Q: Having trouble with the school administrator. Feeling bullied and pushed into whatever the want or think we should do ?

We have refused an SST service and because we did we have been accused educational neglect and threatened with child protective services. My daughter has been bullied by teachers and now they are trying to do the same to us as parents. What right do we have and are they in the wrong. There is a lot... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

As a parent in California, you have certain rights regarding your child's education, including the right to participate in the decision-making process and to be informed about your child's progress and educational needs. Schools are required to follow certain procedures and protocols when... View More

1 Answer | Asked in Education Law for California on
Q: Can a private university disenroll a student because of their disability's accommodations ?

my friend has been deemed unprofessional and seen as not having a future in special education because of her accommodations and a few days of absence (3 days). Her accommodations are having a few minutes of break time in class. The dean said because of this she would not be able to watch children... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023

Under California law, it is illegal for a private university to discriminate against a student because of their disability, including the need for accommodations. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 protect individuals with disabilities from... View More

1 Answer | Asked in Education Law for California on
Q: Do anywhere state that I am not allowed to be at recess or the cafeteria with my child?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

There is no law in California that prohibits a parent from being at recess or the cafeteria with their child at school. However, it is important to note that school policies may vary, and some schools may have specific rules or guidelines about parent involvement during school hours.

If you...
View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: My son with disabilities was bullied against by his high school special education teacher. We immediately reported the

discrimination to the district and the district told us that IEP meetings were the discrimination procedure for students with disabilities. The district pretended to address the discrimination but deceived, intimidated, retaliated, harassed us and covered up the discrimination at the same time.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2023

One option is to file a complaint with the California Department of Education's Office of Equal Opportunity (OEO). OEO investigates complaints of discrimination based on disability, race, national origin, and other protected categories. You can file a complaint with OEO using the uniform... View More

1 Answer | Asked in Health Care Law and Education Law for California on
Q: LAUSD mental health restrictions

LAUSD recently notified by daughters school that students could no longer take time during school hours for private therapy sessions. The school then notified us, our appointment that friday for a 45min therapy sessions would need to be rescheduled since they would no longer provide my child with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

If your daughter requires private therapy sessions during school hours for a mental health condition, and the school is now preventing her from having access to a private space for these sessions, there may be legal protections that apply to her situation.

Under the Americans with...
View More

1 Answer | Asked in Education Law for California on
Q: Can i sue a jr college for letting someone register and attend school using my name and info?

I found this out when looking at my student loan website. It does not show any oustanding loans only that someone registered and attended for one semester using my name and info. I am on permanent disability and i am worried this could effect my payments if it comes to light. At this point I do... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2023

Yes, you may be able to sue the junior college for allowing someone to register and attend school using your name and information. This is a form of identity theft, and it can have serious consequences for you, including potentially affecting your credit score, loan eligibility, and other financial... View More

1 Answer | Asked in Education Law and Health Care Law for California on
Q: Is it "medically diagnosing" a child if you say he or she seems sad or anxious?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

No, it is not "medically diagnosing" a child if you say he or she seems sad or anxious. Identifying a child's emotional state or behavior is not the same as making a medical diagnosis. However, if a healthcare professional believes that a child's symptoms or behavior may be... View More

1 Answer | Asked in Education Law for California on
Q: Military family reassigned from CA to WA, school and state are saying student needs to return for in person testing???
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

It's possible that the school and state are requiring the student to return for in-person testing because they have specific testing requirements that cannot be fulfilled remotely or online. Some standardized tests, such as the California Assessment of Student Performance and Progress... 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.