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California Education Law Questions & Answers
1 Answer | Asked in Criminal Law and Education Law for California on
Q: This Individual committed a fraud and we a group of 7 got a judgment, would like to file a criminal case and more.

Also would like to know our limitations, also a gov. agency connected to this case negligence on thier part cause us financial problems till now. Our current lawyer is not following up on our case...which we understand collection is not their line. We want an aggressive lawyer to present us again... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 16, 2018

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...
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3 Answers | Asked in Consumer Law, Tax Law and Education Law for California on
Q: My name is Sam and i have accumulated over $70,000 in student loan debt over the last 25 years.

During that time i finally graduated Chico State University. I don't have to pay this debt because i have qualified for Total and Permanent Disability through a student loan company called Nelnet. There is a catch during the last 3 years

from May of 2015 through May of 2018 i had to be... Read more »

William John Light
William John Light answered on Jul 14, 2018

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...
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1 Answer | Asked in Education Law, Personal Injury and Civil Rights for California on
Q: Who is allowed to do research on children in the schools?

I am particularly interested in studies that were done in the S.F. school district from 1950 to 1970.

Gary Kollin
Gary Kollin answered on Jun 4, 2018

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.

2 Answers | Asked in Civil Litigation, Communications Law, Criminal Law and Education Law for California on
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?

She states we are not doing our job properly because we were talking among colleagues while the students were playing.

William John Light
William John Light answered on May 17, 2018

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.

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2 Answers | Asked in Criminal Law and Education Law for California on
Q: My assistant principal yelled at me during a meeting I had with her and my counselor regarding my grades, is this okay?

the whole reason this meeting happened was because the school secretary called my mom stating that I was not going to graduate and that we have to have a meeting regarding your child's grades. In all actuality the school was contacting parents of students who were either receiving a D or and F in a... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 8, 2018

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.

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1 Answer | Asked in Civil Litigation, Education Law and Personal Injury for California on
Q: My friend was expelled from school for drugs and false accusations, what are her options?

My friend was expelled from her private high school for drugs and false accusations. However, the principal expelling my friend w/o evidence or before an investigation, he just took his word. My friend accuses a school security guard harassing and bullying another student. They dismissed her... Read more »

Alex Ozols
Alex Ozols answered on May 5, 2018

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.

1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Rights for California on
Q: Son suspended from school for drawing a gun and unjustly admitted to a treatment facility. Type of attorney I need?

My son drew a picture of a gun at school and was suspended for the remainder of the year. In the following days, a police social worker met with my son and determined he needed to see a Dr. and the next thing I knew he was admitted to a treatment facility where no Dr or social worker at the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 30, 2018

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...
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1 Answer | Asked in Immigration Law, Adoption, Child Support and Education Law for California on
Q: I need help, what can I do ?

I know you will say just go back, but I need someone who can help, I'm 18 years old and I came to the us and I have overstayed and I'm really struggling I am young and about to be homeless soon, but I don't want to go back I would hate to what can I do that can help me a little, I am from... Read more »

Carl Shusterman
Carl Shusterman answered on Apr 14, 2018

Difficult situation. However, in the future, if you fall in love with and marry a US citizen, your spouse could sponsor you for a green card.

2 Answers | Asked in Family Law, Child Custody and Education Law for California on
Q: Hello I am in California and my sons teacher is not informing me of my son's behavior problems. What can I do?

I am involved in a custody matter. My son was ordered to live with his dad and has been expressing aggression in school. He is 6 years old. This has been going on since he has moved away. His dad has not informed me. His teacher has not informed me as well. I ask every Friday I pick up my son and... Read more »

William John Light
William John Light answered on Apr 12, 2018

Ask for a meeting with the teacher and principal. Explain that you just heard about behavior problems with your son and that you want to be kept better informed. Leave your dispute with your husband out of it.

Get family counseling for yourself and your son, if possible.

You...
Read more »

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Education Law for California on
Q: Phone and Calculator gone. Same day, emailed about phone. Test next day. Day after. Received email about calculator.

Phone and Calculator disappeared, on Tuesday. On the same day, an Instructor wrote an email to say he has my phone. The next day, we had a Midterm. I decided not to go back to the school when I realized it was gone, I was afraid of the other students. I went to another college, to speak to... Read more »

William John Light
William John Light answered on Apr 9, 2018

It is unclear why you are complaining that someone is trying to return your calculator, or why you think this is a legal problem. There is no evidence in your post that your Instructor had your calculator the entire period of time it was missing, or knew that it was yours. You don't explain why... Read more »

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1 Answer | Asked in Civil Rights and Education Law for California on
Q: What right does a school have to ask our kids about my second amendment right and what guns are in my house

My son was asked about my second amendment right and what guns and how they are stored in my home he was asked privately by a principal with no parent present what right do they have

Louis George Fazzi
Louis George Fazzi answered on Apr 4, 2018

You have not provided sufficient information to allow me to answer this question properly. For example, how old is your son? What level of school is he in? How did the issue of guns in the home come up?

1 Answer | Asked in Education Law, Criminal Law and Juvenile Law for California on
Q: How much time for battery on special ed staff i am a minor turning 18 in 2 months am in california

Im a 17 year old and go to a special ed school in california well 3 staff came in to check my perosnals for drugs and I had sum but was only a little bit but got anxious from them ssurrounding me and tryed to get out the door for fresh air and one staff got in way i tryed to get passed him and had... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2018

NEED MORE INFO.........IE POLICE REPORT ETC

YOU ARE A MINOR AND IF THIS IS HANDLED IN JUV CT THEY CAN ONLY KEEP YOU UNTIL YOU ARE 25.........THAT IS WORST CASE SCENARIO.......................

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for California on
Q: I live in California and my son got stabbed with a pencil in the leg by a 10 year old can he or his parents be charged

It happened at school and same kid has been suspended before for beating up kids for no reason. He stabbed my kid in the leg intentionally and with premeditation. I want to know what I can do legally because school doesn't seem like they are doing anything other than suspending him again.

William John Light
William John Light answered on Mar 23, 2018

He can be charged as a juvenile. Request a meeting with your local district attorneys office in regards to potential juvenile criminal charges.

It's not clear that the school has power to do anything other than suspend him.

1 Answer | Asked in Education Law for California on
Q: What do I need to do to fight a plagiarism accusation?

My professor accused me of plagiarizing a small portion of a case briefing I had to write.

The assignment was to write a case briefing in my own words on the Brown v Board of education case. The case mentioned a state statute that I felt was vital to the case. I tried my best to put the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 12, 2018

If you were simply trying to quote the state statute, that is not plagiarism, unless you took a lay description from another source instead of simply quoting the statute. If I were you, I would write a statement of how you did your research and writing regarding the particular part you are accused... Read more »

1 Answer | Asked in Education Law for California on
Q: Does the general and special interrogatory have to be sent over at the same time? Or can special be sent over later?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 4, 2018

As long as you are complying with the other required procedures (format, timing, number, etc.), you can serve specially prepared and form interrogatories at different times. Same for inspection/document demands.

2 Answers | Asked in Education Law for California on
Q: Can I sue if my son's teacher fails to follow the 504 plan.

Before we charged to a new schools this school year my 7 yr old son had a 504 plan in place already. Once we switched in November we went over plan with his new teacher. Since that day she has not followed the plan. She has suspended him and sent home multiple referrals for the behaviors listed in... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 12, 2018

Yes, you need a consultation with an attorney experienced in disability and education law. You may be able to get this resolved through the administrative process, but you need to get going right away.

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1 Answer | Asked in Education Law for California on
Q: Can i sue if a school told me my daughter who is only 9 was failing and has been her hole life

And there is no where at there school were ahe fits in at slow classes are to slow and regular classes are too advance for her i thought the rule was no child is left behind

Lori E. Arons
Lori E. Arons answered on Feb 10, 2018

I hate to answer a question with a question, but has she been evaluated for special education and related services? If not, you can refer her to the school's Child Study Team for an evaluation. Evaluations clarify needs and drive both services and placement. They can't really know what placement... Read more »

2 Answers | Asked in Personal Injury, Education Law and Juvenile Law for California on
Q: My daughter was diagnosed with Bell’s palsy and I want to take her out of school for the rest of the year. is it legal?

My daughter has very good grades, and I know she has been working really hard, she is a junior, and I don’t want her stressing about school, she told me that she wants to drop out for the rest of this school year, and i agree with her. I just don’t want to go to court or I don’t want to be... Read more »

William John Light
William John Light answered on Jan 31, 2018

California students may drop out legally once they turn 18. Students who are 16 or 17 may also leave school, but only if they: have their parents' permission, and. pass the California High School Proficiency Exam (which leads to a certificate that's equivalent to a diploma).

This is a...
Read more »

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1 Answer | Asked in Civil Rights, Criminal Law and Education Law for California on
Q: Can you have illegally use weed sented body spray in public places like a school or around a police officer
Louis George Fazzi
Louis George Fazzi answered on Jan 10, 2018

Were you too stoned to finish your question?

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for California on
Q: Is it legal in California to audio record a 1st grade teacher for the sake of proof?

I want to know if i can hide/put a voice recorder on my 6 year old for to take to 1st grade because her teacher has been abusive to her and would like to get her on tape.

William John Light
William John Light answered on Dec 24, 2017

No. It is illegal to secretly record a private conversation where one of the parties has a reasonable expectation of privacy. California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private... Read more »

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