California Education Law Questions & Answers

Q: Can I be fired for a student claiming I pushed him?

1 Answer | Asked in Employment Law and Education Law for California on
Answered on Mar 8, 2019
Neil Pedersen's answer
Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union involved right away. Good luck to you.

Q: What options do I have to get The College Board to honor a legal name change for student records?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not create a significant burden for them to worry about changing names on records that are older than 4 years. It's a private, non profit organization, and when you take tests through the College Board, you...

Q: GOOD AFTERNOON IS THERE A SPECIFIC LAW FOR A PERSON HAS A RIGHT TO A FAIR EDUCATION ???

1 Answer | Asked in Education Law for California on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
An education attorney is what you may need. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...

Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?

1 Answer | Asked in Education Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: Can full time teachers open their own companies while teaching in public schools?

1 Answer | Asked in Education Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...

Q: broke her arm while at school on the play ground

2 Answers | Asked in Education Law for California on
Answered on Dec 23, 2018
Donald Arthur Hilland's answer
I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight...

Q: Do I have ANY legal right against the California Administrative Code Title 17, 6020?

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for California on
Answered on Nov 8, 2018
Louis George Fazzi's answer
Unless you can prove, through a medical doctor, that your child has a bona fide medical reason not to be vaccinated, you have no legal right to refuse to have your child inoculated. It is state law because everyone needs to be vaccinated in order to protect every child. There are no other legal reasons to risk your child's health, and potentially every other child's health, by refusing to vaccinate your child. There are sound medical reasons why the California legislature made vaccination of...

Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for California on
Answered on Oct 20, 2018
Angelina Bradley's answer
You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.

Do a search for “Title IX attorney San Francisco” and that should be a good place to start.

I’m sorry this is happening to you daughter. Good luck.

Q: Can my child refuse to attend school due to saftey concerns?

1 Answer | Asked in Education Law for California on
Answered on Sep 18, 2018
Dale S. Gribow's answer
i would contact the school board/superintendent of schools for where you live.

Q: Can you hit a camera out of your face if someone is recording you?

1 Answer | Asked in Criminal Law and Education Law for California on
Answered on Aug 26, 2018
Dale S. Gribow's answer
need more info

the bottom line is you can not take the law into your own hands.

if you hit camera it could be a battery.

if someone is recording you walk away.

same if someone is filming you

Q: This Individual committed a fraud and we a group of 7 got a judgment, would like to file a criminal case and more.

1 Answer | Asked in Criminal Law and Education Law for California on
Answered on Jul 16, 2018
Dale S. Gribow's answer
more info needed

I have a hunch your lawyer is handling this on a contingency????

most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?

if so I will try to refer you once you get all the info organized.

if you are suing a governmental entity, there are strict statutes of limitation which, without all the facts, I would guess are 6 months to file.

Q: My name is Sam and i have accumulated over $70,000 in student loan debt over the last 25 years.

3 Answers | Asked in Consumer Law, Tax Law and Education Law for California on
Answered on Jul 14, 2018
William John Light's answer
You haven't posted enough information, and you should see a tax professional. However, the federal government has published on this topic (state taxing authority may have a different view):

"Is the discharge of a student loan for Total and Permanent Disability (TPD) taxable?

Loan balances that are discharged are generally considered income for federal tax purposes and possibly for state

tax purposes in the year they are considered discharged. Under the Total and...

Q: Who is allowed to do research on children in the schools?

1 Answer | Asked in Education Law, Personal Injury and Civil Rights for California on
Answered on Jun 4, 2018
Gary Kollin's answer
I do not know why you think a lawyer would know the answer to that.

Most of these studies which I believe you are asking about the improper one have been brought to the attention of the public.

I suggest you research this matter through publications etc.

Q: I am a teacher in a California public school. Is it legal for a parent to take my picture and send my to my boss?

2 Answers | Asked in Civil Litigation, Communications Law, Criminal Law and Education Law for California on
Answered on May 17, 2018
William John Light's answer
Yes, it is legal to take photographs in a public space where there is no expectation of privacy. A public school, on public property, during school hours, is such a location.

Q: My assistant principal yelled at me during a meeting I had with her and my counselor regarding my grades, is this okay?

2 Answers | Asked in Criminal Law and Education Law for California on
Answered on May 8, 2018
Dale S. Gribow's answer
much more info needed..........

sooo you are graduating?

i suspect you could not afford a lawyer at an hourly rate so your best bet if you can't get satisfaction, is to file in small claims if you were damaged.

you can always go to the school board if you have been wronged.

Q: My friend was expelled from school for drugs and false accusations, what are her options?

1 Answer | Asked in Civil Litigation, Education Law and Personal Injury for California on
Answered on May 5, 2018
Alex Ozols' answer
She should try to see if there is a licensing authority in her area where she can appeal to. There are a lot of lawyers that do administrative law. Maybe she can look for a lawyer in her area that practices administrative law and set up a free consultation.

Q: Son suspended from school for drawing a gun and unjustly admitted to a treatment facility. Type of attorney I need?

1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Rights for California on
Answered on Apr 30, 2018
Dale S. Gribow's answer
a lot more info is needed.

what was the assignment at school as to what to draw or did he do on his own?

sounds like overkill for just drawing a pix of a gun rather than drawing a gun

how old is son?

i would have complained right away to the principal, school board etc............maybe even congressman

i would retain a lawyer experienced with dealing with school/social workers issues......often that would be criminal lawyer

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