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Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: Are jumping jacks an acceptable form of punishment from a daycare?

My autistic child is in a before and afterschool daycare that is in conjunction with the school. Apparently her backpack was left out of her cubby on the floor and was moved to different room. Upon retrieving her backpack from other room, she was forced to do 20 jumping jacks. We live in California... View More

James L. Arrasmith
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answered on May 9, 2024

In California, it is generally unlawful for schools and childcare facilities to use physical activity as a form of punishment. This is covered under California Education Code Section 49001, which states:

"(a) For the purposes of this section, 'corporal punishment' means the...
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0 Answers | Asked in Education Law for Wisconsin on
Q: Is it breach of contract for a private school to provide counseling in place of Religion class?

We specifically sent our kids to a small private Catholic school based on the Religious instruction listed in the curriculum, website, and student handbook. Then we stumbled upon the fact that the school was giving our son group counseling sessions in place of his Religion class, this occurred from... View More

0 Answers | Asked in Education Law for Washington on
Q: Can my ex force me to invite him to our daughter’s IEP meeting at school?

I was awarded sole decision making for our daughter, both educationally and medically due to domestic violence. I have asked him to request a separate meeting with the school to go over the new IEP.

0 Answers | Asked in Education Law for New York on
Q: Can a school take my kids cell phone
0 Answers | Asked in Employment Law and Education Law for New Mexico on
Q: Do I have any say so? What are my rights?

I was called a few days after signing my letter of intent, and told my position was being terminated due to budget cuts. They were only keeping 1 general ed teacher and 1 sped teacher which were already chosen. My principal was not notified of this decision. I was then told I cannot use my... View More

0 Answers | Asked in Education Law for New York on
Q: I paid $500 for dance school when it was time to purchase tickets for recital they sold out in 3 days n I didn’t get any

Owner didn’t put a cap on purchase amt or reserve any seating for parents. Do I deserve a refund?

2 Answers | Asked in Employment Law and Education Law for California on
Q: Can a school district covertly record you to let you go?

So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More

James L. Arrasmith
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answered on May 2, 2024

In California, it is generally illegal to record a person without their consent, according to California Penal Code Section 632. This law applies to confidential communications, which include conversations where there is a reasonable expectation of privacy.

However, in the context of a...
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4 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
Joel Gary Selik
Joel Gary Selik
answered on May 2, 2024

If the police can track down the assaulters, you can sue them and make a claim against their parents, if minors, and potentially the homeowner's insurance.

There may be others liable, such as the school, if they took actions or failed to take actions that would be considered...
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0 Answers | Asked in Education Law on
Q: i dont like my school but my family wont let me change school. i have talked to the school and they say that the parent

Choose but i wanna go to a musical school. should’nt i decide witch school i wanna go too?

im starting middleschool and i wanna change when i start but my school cant give me the music education i want!

1 Answer | Asked in Consumer Law and Education Law for California on
Q: what is my legal recourse for a virtual university that would dreamy for failing a class three times but circumstances c
James L. Arrasmith
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answered on May 1, 2024

If you've failed a class three times at a virtual university and you believe that circumstances outside your control contributed to this outcome, you might consider a few avenues for addressing the situation. First, review the university's policies on grade appeals and academic probation.... View More

0 Answers | Asked in Family Law and Education Law for Illinois on
Q: college expenses in IL

I am being asked to sign a post dissolution order for my 18 yr old daughter who lives with dad and step mom. They want me to agree to 25% of college but I want to know what happens if I am denied a parent plus loan and have nobody that will cosign for me? I am willing to apply for the loan and... View More

1 Answer | Asked in Education Law, Tax Law and Civil Rights for Massachusetts on
Q: Should I sue my school?

I attend a private high school in MA. The school has meetings that only members of certain races or ethnicities are allowed to attend. The school does not receive federal funds, but is a 501 (c)(3). Could I sue under code IRS 75-50 similar to Bob Jones vs US?

James L. Arrasmith
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answered on Apr 27, 2024

The case you referenced, Bob Jones University v. United States (1983), dealt with the IRS revoking the tax-exempt status of a private university due to its racially discriminatory policies. The Supreme Court ruled that the IRS could revoke the tax-exempt status of organizations that violate... View More

2 Answers | Asked in Education Law for California on
Q: I have a problem with bullying, and the school admins have done nothing. How can I get the admins to do something?

I have had this bullying problem for years and the school administrators have done little to nothing to help. I did some research on the California ed code section 48900 and have identified a lot of what has happened to me as bullying as defined there. I am planning on taking all this as evidence,... View More

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear about the bullying you've been experiencing and the lack of action from your school administrators. It's important to advocate for yourself and ensure that your rights are protected under California law. Here are some steps you can take:

1. Document...
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0 Answers | Asked in Education Law on
Q: im experiencing corporal punishment in school. im from Pakistan.

one day a teacher hit me with a wooden slab about 2-3 inches thick because of incomplete work. im too afraid to tell anyone or the principal because the principal doesnt listen to students and scolds us alot.

0 Answers | Asked in Criminal Law and Education Law on
Q: I used Corporal punishment on a Gr 8 learner. The family has escalated the matter to the school principal.

What should I expect? Will my teaching certificate be revoked? Or will I face suspension? If the family requires that I pay them, should I do that?

1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
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