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California Education Law Questions & Answers
1 Answer | Asked in Employment Law, Civil Litigation and Education Law for California on
Q: How to file an objection or opposition to "Declaration of Demurring Party in Support of Automatic Extension"?

Defendant filed for automatic extension to demure 10 days ago. Claims to be justified on an automatic extension to demure because he emailed Plaintiff 26 days ago to meet and confer. Plaintiff was ill and unavailable yet was represented by counsel. Defendant is skipping the fact that he was... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 22, 2022

Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Education Law and Family Law for California on
Q: Does a parent and child have to sign a contract in order to attend public school?

There seems to be a lot of things in these contracts that are unrelated to curriculum and attendance. In some cases it does not seem to be related to education at all and if it is it states it has very little to do with it. I do not want to sign it but they are saying if I do not then my child... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

You could take the contract to a local attorney and pay him to review it, allowing you to ask any pertinent questions. [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... Read more »

1 Answer | Asked in Education Law, Sexual Harassment, Criminal Law and Child Support for California on
Q: at school 11y boy was punish by school, violation sexual harassment over a retaliation on bully second prior done t him

after communicating this to the office they still made him as he committed a sexual harassment act , he them explain that this boy gave him no choice and has been bully him, he try to talk to him but instead he escalated the situation to dropping his pats. as parent I feel that the school gas... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 23, 2022

as a parent, we all want to protect our kids from Bully

the first thing is to try to deal with the school, or school board.

i assume he was told drop your pants or we will beat you up?

write out a detailed summary and send to the principal requesting a response within...
Read more »

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for California on
Q: What is California's statue of limitations on childhood molestation?

Public school employee in 1980

Dan Rowan Cortright
Dan Rowan Cortright
answered on Oct 10, 2022

I am appalled to hear that these things happen to children, especially by a public school employee. You should pursue your rights to collect damages from the responsible parties. Under a law passed in 2019, childhood victims of sexual assault have until the age of 40, or within 5 years of the... Read more »

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2 Answers | Asked in Business Law, Civil Rights, Contracts and Education Law for California on
Q: I have been a victim of false advertisement, breach of contract, discrimination, and negligence at my cosmetology school

Contract was breached 2 weeks after I started school, the school falsely advertised many things on there website and handbook that were never delivered. Additionally the school has discriminated against people with textured hair as well as students of color. All of which can be supported with photo... Read more »

James L. Arrasmith
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answered on Oct 7, 2022

It seems like you have a great case. I would be happy to help you.

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1 Answer | Asked in Education Law for California on
Q: School district refuses to release student for interdistrict transfer

If your zoned school district ( due to low performing assigned school) refuses to release your child to go to another school district of choice? What steps can I take for me to be granted release?

James L. Arrasmith
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answered on Oct 4, 2022

You can generally appeal these decisions to the review board.

1 Answer | Asked in Education Law for California on
Q: My daughter currently has a 504 plan, but she needs an IEP instead.

The school performed the assessment as requested, and when they presented the results, they said my daughter

" does not meet qualification criteria under the category of Other Health Impaired" so they put her under a 504 plan. At the time (11/08/21) i knew nothing about... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are attorneys who handle education law. Speak with one in your area. [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 Education Law for California on
Q: Can parents in California still choose to opt their children out from state testing, even at charter schools?

Our charter school is saying the students “will participate in [the testing]” but isn’t that contrary to California Education Code section 60615?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

Parents have several different options for their children's schooling in California, some of which do not require "state testing." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

3 Answers | Asked in Education Law and Personal Injury for California on
Q: I have a need for legal counsel my 10yr old son has been assaulted at elem school I have been making complaints 2020 no

He’s been touched in private areas now teacher making him feel not worth living has suicidal ideation I asked for help with principal,school police, superintendent and the city mayor and all say my son needs to learn to deal with other people not liking him not any care about his mental state I... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 20, 2022

I am so sorry to hear about your sons sexual assault. That is horrible. It's even worse when it involves a person who is in a position of trust like a teacher. Contact one of the attorneys on this forum for a free consultation. Most of us accept cases throughout the state including Jurupa... Read more »

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

This a civics question. The state courts have appellate courts; in CA, the highest state court is the California Supreme Court. State appellate law dictates state law issues (related to the state constitution, statutes, regulations, etc.), unless the United State Supreme Court speaks on a given... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Education Law and Personal Injury for California on
Q: Liability? My neice hit a kid who was bullying a disabled child.

Now the parents are demanding 800$ for insurance deductible to repair broken teeth.. can the school be held responsible for any part?

James L. Arrasmith
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answered on Sep 12, 2022

Possibly. The school may have breached its duty to deal with the bullying. However, the causation is likely a factor here -- because the attack on the child was not the direct result of the school's possible negligence.

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
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answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Need legal advice on disabled child harassed at school by staff and students, as well as staff discrimination

Disabled child was verbally(shouted), physically (minor bruises), emotionally (threatened), psychologically (traumatized/scared), and sexually harassed (forceful inappropriate touch in private area with evil intention to cause harm) by a teacher, and bullied (injured in private area), ridiculed and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 2, 2022

This is not the place for you to get the help you need.

You need a lawyer who is familiar with the needs of students like your child, and knows how to navigate the educational system with regard to the special needs of children like yours.

There are some very good lawyers in your...
Read more »

1 Answer | Asked in Education Law and Civil Rights for California on
Q: My public taxpayer funded high school in Carlsbad, California has a dress code that might go against the first amendment

My school’s dress code says “Student clothing must NOT portray, promote, advertise, or glamorize… religious belief, gender, gender orientation…”. If I wanted to wear a shirt that says “A woman is a biological adult female” (which I know is controversial) because it is my belief... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Aug 23, 2022

You ask a really good question.

If you are serious about challenging the school's new dress code, I suggest you discuss the idea with your parents first, and see if they will support you. Don't do anything that goes against your parents' principles. It is always a good idea...
Read more »

1 Answer | Asked in Education Law for California on
Q: Can my daughter's school district deny her entry for not going to school during school closures during COVID?

My daughter did not attend school last year due to severe mental health issues. After intensive therapy and rehab she is now ready to go back but her district won't enroll her because she missed the while last year. Can they do that?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Aug 4, 2022

All students in California are mandated to be enrolled in/receive education from ages 6-18 and this education must be provided by the local school district, generally, where they live unless they were suspended or expelled or attend another entity (private school, etc.).

Special education...
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1 Answer | Asked in Personal Injury and Education Law for California on
Q: Can you sue a school for negligence if your child breaks their arm and the school does not notify you?

My child broke her arm at recess. Went to the nurse, was given and ice pack and sent to class. We were not notified of the injury. Once we picked her up we saw she was crying. She told us she fell at school and her arm really hurts. As soon as we saw it we could tell it was swollen. School denies... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 31, 2022

You might have some valid claims but schools have a lot of immunity. If the school not calling you made her injuries much worse then you might have a good case for damages... but if the delay by a few hours didn't make her injuries worse then the "damages" might not be worth... Read more »

1 Answer | Asked in Education Law for California on
Q: iep

The question is with dual diagnose and the school not affording me a proper rep for my iep, what can be done and now they are forcing me to Trauancy hearing before a judge and all this is just retailation from last October aganist school.

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Mar 14, 2022

More information is needed, including WHAT your IEP entails and WHO you believe is not involved that should be included. You should not post any further details publicly, and I recommend you contact a qualified admin. law attorney who can provide you with a Free Consultation to explore your rights,... Read more »

3 Answers | Asked in Bankruptcy and Education Law for California on
Q: Can I go and run on my near by school field after school is over? 7 pm to 10 pm is that allowed?
David Luther Woodward
David Luther Woodward
answered on Jan 25, 2022

Unfortunately, although this is a legal question, I don't have an answer.

But you can find an answer by contact the owner of the school--be it public or private--and request permission. That will be dispositive of the matter

Good Luck

d

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2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 21, 2021

If you are using them consistently you would need a license.

You need to talk to an attorney.

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