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California Education Law Questions & Answers
1 Answer | Asked in Constitutional Law and Education Law for California on
Q: Can a first grade teacher show a video highlighting one particular religion? Don't all materials shown need approval?

Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Interesting question. Answer: It depends on how the teacher presents the discussion about the religion, and there is no limit on what students can talk about among themselves. If the teacher's presentation is for the purpose of discussing a different type of religion, or sensitizing students... Read more »

1 Answer | Asked in Education Law and Employment Law for California on
Q: Do Minor work permits change because of online schooling? Can we work more than 4 hours on a week day?

Since schools have been moved to online and we are not physically going to school, can a 17 year old work more than 4 hours on a Monday? My boss doesn't know for sure but my school did provide a new work permit providing new hours, but my boss would like to make sure its legal before he takes... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 9, 2020

There have been no changes to the laws related to minors working that have come about as a result of the Covid situation. Therefore, the same limitation on the number of hours a minor can work apply now as before.

Your boss needs to get specific, confidential advice from his attorney, not...
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1 Answer | Asked in Education Law, Civil Litigation and Juvenile Law for California on
Q: Would one be able to "punish" a school or staff for compensation for the racial discrimination of students/theft?

In a specific situation, a friend of mine who's finally said something about what they had to endure in their seventh grade year. This was about two years ago. What had happened was that their bag which contained their Hmong cultural clothes and very clearly had her name on it was stolen by... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

First, the person who was wronged needs to post for themselves, otherwise this is just an "I am curious" posting. Claims against public agencies are subject to a requirement for the presentation of an administrative claim usually within 180 days, of injury. Since this happened two years... Read more »

1 Answer | Asked in Education Law for California on
Q: Can I do anything about my school not refunding or not providing services

Hi, I’m just wondering recently I’ve been going to a technical school and we had to complete certain things in the class to get our certification but since covid happend the school was forced to close and we weren’t able too, and when I had talked to the counselor about it even though I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Read your contract. Take it to an attorney specializing in Education Law or Business Law and have him review it as to your rights. If you are not satisfied, file in Small Claims Court. This is essentially a breach of contract, you may be able to get your money back, it depends what the contract... Read more »

1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

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1 Answer | Asked in Education Law, Small Claims, Family Law and Child Support for California on
Q: How do I let my school know I got kicked out of my house at 14 and I don't live there anymore?
Chris M. Bradford
Chris M. Bradford answered on Jul 12, 2020

Go to the administration building of the school and tell them. If you have guardianship over you, tell the school about that too.

1 Answer | Asked in Education Law for California on
Q: Is a private flight University in California suppose to inform the students if there are any covid cases in the school?

As many student are concern here is that we know in our part 141 flight school is qurentining the student that have it might have the COVID19 in their room but no information are given out to the other healthy student so that we can be more aware ourself.

Myself and few other student are... Read more »

Raul Jauregui
Raul Jauregui answered on Jul 4, 2020

We considered something similar to that issue some time ago in this post which might guide your research. https://www.studentmisconduct.com/news/what-happens-if-i-tell-my-school-that-i-tested-positive-for-coronavirus-or-covid-19

1 Answer | Asked in Education Law for California on
Q: Is using a telephone voicemail message as an evidence is legal in CA!!

I am using this for educational matter. A professor left me a telephone voicemail message. Then have dismissed me. I am currently writing an appeal and wondering if I can using and voicemail as an evidence

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

I am not aware of any prohibition against using the voicemail message as evidence. Wiretap recordings are prohibited because they are made without the knowledge of at least one party to the conversation, but a voicemail is deliberately and knowingly left on a recording device. It is the same as if... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a school district in California make you live stream your lessons to provide access to online learning students?
Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

It depends, on the terms of your contract and the CBA or MOU with the teacher's union for the district. So much more information is needed that it is not possible to provide a more definitive answer. As a member of the teacher's union, you can file a grievance if you believe the... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a private elementary school require us to sign a release before our eight year old son returns in the fall?
Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

It depends on the language of the proposed release. You should contact a contracts or School Law attorney in your local area for a full consultation.

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1 Answer | Asked in Education Law for California on
Q: I cannot find anything about the placement procedure when a high school teacher’s subject has been reduced by one sectio

And this teacher has the most seniority in that dept We are a district of 1 high school and 5 k-8s

What is the protocol when a teacher loses one section of her assignment?

Maurice Mandel II
Maurice Mandel II answered on Jun 22, 2020

You should contact your Union to discuss this. Part of this is governed by the union contract and part of it is governed by the Ed Code. Union should be able to advise you on both.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation, Education Law and Gov & Administrative Law for California on
Q: If I get disbarred from DoDEA school can I get a government job still?

was not asked

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Please remember this is a public forum and you could be posting things today that you regret tomorrow. Sorry to hear that you are having these problems. Your actual question: "Can I get a job still?" cannot be answered with the information you provided, and it calls for predicting the... Read more »

2 Answers | Asked in Admiralty / Maritime, Civil Rights, Constitutional Law and Education Law for California on
Q: Is it illegal the shelter I live at just started requiring my personal belongings and persons be searched be4 allowed in

All of a sudden The shelter island that started requiring that all my belongings and my persons be searched by one of their security guards before entering the premises this is my legal residence address on my ID and I have to be searched before I come home that doesn't seem legal to me and... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 24, 2020

I don't think think so. You are a guest of the property owner, who can set whatever limits they want on those persons they allow to reside on their property. You say it is a shelter. So the owners apparently want to assure themselves that no guests can bring any kind of contraband onto their... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... Read more »

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1 Answer | Asked in Education Law for California on
Q: Can I sue a school for not having the proper accreditation in medical assistant courses?

The improper accreditation prevented me from participating in an exam to become a Certified Medical Assistant. Which also prevents me from getting a good job in the field.

Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

It could depend on what types of representations or disclaimers it made. If it didn't make representations that it was accredited, it might be difficult. Based on these limited facts, it does not sound like something on which you would want to spend money on legal resources to pursue. But to... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Education Law for California on
Q: I am in a financial debt that I am not suppose to be paying. How can I stop paying this loan?

I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to... Read more »

Harlene Miller
Harlene Miller answered on Mar 16, 2020

I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... Read more »

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1 Answer | Asked in Employment Law and Education Law for California on
Q: Is my employer, a private university, required to employ me, at-will hourly staff, during their closure for COVID19?

I have a particular contract with my work. I am allowed to work up to 40 hours a week 37.5 weeks out of the year. My position is on site as a technician in the sculpture department. The school is shutting down their onsite operations for at least 3 weeks. They have asked workers who can work from... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 10, 2020

The answer to your question will depend entirely on the terms of your contract. Unless modified by contract your employer has no duty to pay you for periods of time that you are not working due to closure. It would be wise for you to locate and consult with an experienced employment law attorney... Read more »

1 Answer | Asked in Employment Law, Libel & Slander, Civil Rights and Education Law for California on
Q: I have a libel, slander and harassment case; based upon my eye condition. What type of lawyer do I need?
Louis George Fazzi
Louis George Fazzi answered on Feb 5, 2020

You should start by consulting an employment lawyer who represents employees only, if the matter is related to your work. Otherwise, you have not provided enough detail for me to try to refer you to a different kind of attorney. You can go to the San Joaquin County Bar Association's lawyer... Read more »

1 Answer | Asked in Employment Law and Education Law for California on
Q: Can an employer deny you catastrophic leave request because you have comp hours on the books

My employer denied my catastrophic leave request because I exhausted my sick leave on January 8th and had 9.75 hours of comp time on the books but they did not use the comp hours for the days that I was off after January 8th and denied my request because of those hours instead they said I can ask... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 19, 2020

Paid catastrophic leave is not required under the law. It is a discretionary employer benefit. As such it can be administered as the employer wishes as long as it is not denied or administered in a way that is unlawful, i.e., provided or not because you are a member of a protected class of... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Education Law for California on
Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?

The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its... Read more »

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