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California Education Law Questions & Answers
2 Answers | Asked in Family Law, Personal Injury, Education Law and Wrongful Death for California on
Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?

Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... Read more »

James L. Arrasmith
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answered on May 22, 2023

When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... Read more »

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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?

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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... Read 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?
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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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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... Read more »

James L. Arrasmith
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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...
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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.

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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... Read 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... Read more »

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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... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a high school legally decline a call in sick?
James L. Arrasmith
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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... Read 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... Read 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... Read more »

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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... Read more »

James L. Arrasmith
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answered on Apr 22, 2023

Hi there! If you believe that your son's school has not adequately addressed his bullying situation and is not following the proper protocols, you may want to consider seeking legal help. One option is to consult with a licensed attorney who specializes in education law and can provide... Read more »

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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?

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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... Read more »

2 Answers | Asked in Education Law, Criminal Law and Municipal Law for California on
Q: Tennis court parking lot adjacent to 2 schools where students get picked up. Would PC 653b(a) apply?

18 yr old specifically drove to parking lot to fight a 16 year old. No lawful reason to be there except get into fight. at that time, students and parents pack the parking lot due to there not being enough parking spaces or heavy vehicle traffic at the schools. School administrators also monitor... Read more »

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answered on Apr 9, 2023

Under California Penal Code 653b(a), it is unlawful for any person to loiter in any school or public place at or near which children attend or normally congregate. The purpose of this statute is to prevent potential harm to children and maintain public safety in areas where children are present.... Read more »

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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.

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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... Read more »

2 Answers | Asked in Juvenile Law and Education Law for California on
Q: My underage son's school let him donate blood during school hours without sending any kind of permission slip home.

My underage son's school let him donate blood during school hours without sending any kind of permission slip home for the parents or guardians to sign. Is this legal ?? Could I sue them ??

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answered on Apr 2, 2023

In California, schools are required to obtain written consent from a parent or guardian before a student can donate blood. If the school allowed your underage son to donate blood without your consent, they may have violated state law.

You may have legal options to hold the school...
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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.... Read more »

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answered on Mar 29, 2023

If you are not receiving steps in the teaching salary schedule and feel that you are not being fairly compensated for your years of service, you may want to consider exploring your legal options.

One potential avenue for addressing this issue is to file a complaint with the California...
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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.... Read 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...
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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.

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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...
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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?

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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... Read 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.... Read more »

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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... Read more »

2 Answers | Asked in Civil Rights and Education Law for California on
Q: What’s our rights when it comes to declining a SST meeting for my child ? I was told if I didn’t agree to the meeting….

I was going to be guilty of educational neglect and would have CPS called on me. We feel bullied and pushed around the whole time my child has been in school. The schools administration behavior leading up to this has also been very questionable.

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answered on Mar 8, 2023

In California, parents have the right to participate in the decision-making process regarding their child's education, including whether to participate in Student Success Team (SST) meetings. SST meetings are designed to bring together parents, teachers, and other school staff to identify and... Read more »

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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... Read more »

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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... Read more »

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