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California Education Law Questions & Answers
1 Answer | Asked in Native American Law and Education Law for California on
Q: Does California have a rule that only people 18 or older can pick up kids?

My daughter is 17 and has a driver's license, and her home is only a 5-minute walk from her brother's school...can a 17-year-old pick up a child from school?

James L. Arrasmith
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answered on Jan 24, 2024

In California, there is no statewide legal rule specifying that only individuals 18 or older can pick up children from school. The ability of a 17-year-old to pick up a sibling from school largely depends on the policies of the individual school or school district.

Many schools have...
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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for California on
Q: Do parents have a right to know why a Shelter in Place was initiated at our Child's school?

2 months ago a Shelter in Place was initiated at Aviara Oaks Middle and to this day the administrators refuse to tell the parents or even Site Council members why it was initiated. They will only say that our kids were never in danger

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answered on Jan 24, 2024

Under California law, parents generally have the right to be informed about significant incidents affecting their child's school, such as a Shelter in Place order. The school's responsibility to maintain a safe environment includes transparent communication with parents, especially... View More

1 Answer | Asked in Education Law for California on
Q: Do School administrators have a right to take away support services/metal health services away from special education

Do School administrators have a right to take away support services/metal health services away from special education students.

I'm in a situation with my child was at school he is in a EBD program where metal health services are provided and he wanted a specific teaching assistant... View More

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answered on Jan 22, 2024

In California, the rights of special education students, including access to mental health services, are governed by both federal and state laws, including the Individuals with Disabilities Education Act (IDEA). These laws mandate that students with disabilities receive a Free Appropriate Public... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Does the school district have a right to move a special education student to different program?

What I'm asking is if school districts (one person that works in the district) have a right to move a special education student to a different program because they think that they can't provide services that the student needs even though the student is happy with the services that the... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, school districts have the responsibility to provide an appropriate education to special education students, which includes placement decisions. These decisions are typically made by the student's Individualized Education Program (IEP) team, not by a single individual in... View More

1 Answer | Asked in Education Law for California on
Q: Do School administrators or School Psychologists have rights to give there numbers to special education students?

Do School administrators or School Psychologists have rights to give there numbers to special education students for metal health reasons and support reasons?

James L. Arrasmith
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answered on Jan 21, 2024

In California, school administrators and school psychologists are guided by both legal and ethical considerations when interacting with students, including those in special education. Generally, giving out personal contact information to students for mental health or support reasons isn't... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Does school administrators have a right to change a special education student's safety plan?

What I'm asking is if school administrators have a right to change a special education student's safety plan like for an example let's say the student's safety plan has a school psychologist on it and the School administrators take that school psychologist away from that student... View More

James L. Arrasmith
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answered on Jan 20, 2024

In California, any changes to a special education student's safety plan, which is part of their Individualized Education Program (IEP), typically require a team decision. This team usually includes the student's parents, teachers, and relevant school staff. School administrators do have... View More

1 Answer | Asked in Education Law for California on
Q: If a student is in special education and has a IEP can parents request for a specific School psychologist to attend.

If a student is in special education and has a IEP can parents request for a specific School psychologist to attend the IEP meetings even if the specific school psychologist isn't working with that student anymore but has great knowledge about that student?

James L. Arrasmith
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answered on Jan 19, 2024

Under California law, parents of a student with an Individualized Education Program (IEP) do have some rights regarding team member participation in IEP meetings. The law recognizes the importance of having knowledgeable individuals present who understand the student's needs.

You can...
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1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Employment Law for California on
Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?
James L. Arrasmith
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answered on Jan 18, 2024

In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Can special education students have a specific preferred school psychologist as there metal health services provider?

And that the school psychologist also wants to provide metal health services to that student.

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, students in special education are entitled to receive appropriate mental health services as part of their Individualized Education Program (IEP). The selection of a service provider, including a school psychologist, typically depends on the school district's policies and... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Is it illegal for students to say racist slurs to staff and other students?
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answered on Jan 14, 2024

I do not have enough context or details to determine if a specific instance of students saying racist slurs would be illegal. However, some general considerations on this complex issue:

- Schools and workplaces typically have codes of conduct that prohibit harassment, bullying, and hate...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for California on
Q: Is my 9-year-old grandson's constitutional rights to an education being violated? He should be in the 4th grade now.

My grandson has not attended school since October of the first grade; all absences are unexcused. The mother is extraordinarily permissive, and allows him to make his own decisions about school, doctor visits, preferred activities, etc. He was recently diagnosed with ODD.

The school has... View More

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answered on Jan 6, 2024

In California, the right to an education is indeed a fundamental one, and every child between the ages of 6 and 18 is required to attend school under the state's compulsory education laws. If your grandson has not been attending school regularly since the first grade, this could be a violation... View More

Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

It could depend on the nature of the abuse, severity of the abuse, resulting damages, the quality of evidence supporting the accusations and the damages, and other factors. A starting point could be to try to arrange a free initial consult with an attorney to discuss in further detail. Good luck

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Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

Addendum - Whether or not attorneys determine you might have the basis for a claim, it would be advisable to learn sooner than later whether there are any notice of claim provisions that apply - in other words, short filing deadlines. I hope your son is okay. Good luck

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Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
James L. Arrasmith
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answered on Jan 4, 2024

Under California law, if your son has experienced emotional abuse at school, you have the right to take action. Emotional abuse by a teacher is a serious matter, and schools have a duty to ensure a safe and supportive environment for their students.

The first step would be to document the...
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1 Answer | Asked in Civil Rights and Education Law for California on
Q: does the law provide students a right to a specific preferred individual as a provider?

And if not does the law provide Special education students a right to a specific preferred individual as a provider?

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answered on Dec 15, 2023

In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504... View More

1 Answer | Asked in Education Law and Consumer Law for California on
Q: I attended a Fashion school, called FIDM, and they recently sold their school to Arizona State / a French school

Now I feel like the prestige is gone in my degree and I owe tuition still for what I feel for no reason. I’m lost of what to do now!

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answered on Dec 8, 2023

In California, when an educational institution undergoes a change such as a merger or acquisition, it does not automatically devalue your degree or credits. The prestige and recognition of your degree largely depend on the reputation of the new institution and how the transition is managed.... View More

2 Answers | Asked in Education Law for California on
Q: I was misled by my college and their accreditation the school itself is accredited but not the program I was in

I was in a medical private career college and I signed all the documents knowing that the school was accredited and I’d be able to sit for my state certification test once I graduated but the specific program that I was in was not accredited as it withdrew from the accredited association 3 years... View More

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answered on Dec 6, 2023

Under California law, you may have legal recourse if you were misled by your college regarding the accreditation status of your program. The key issue here is whether the college engaged in deceptive practices by advertising the program as accredited when it was not. This could potentially be a... View More

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2 Answers | Asked in Education Law and Employment Law for California on
Q: I currently left a job at a school district. I put in my two weeks notice and worked the full two weeks.

On my last day they informed me that I will not get my last check until the end of the pay period at the end of the month. Are they able to do that? Is that legal?

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answered on Dec 1, 2023

In California, if an employee resigns and provides at least 72 hours of notice, the employer is required to provide the final paycheck at the time of separation. However, if less than 72 hours notice is given, the employer has 72 hours to provide the final paycheck. This paycheck should include all... View More

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1 Answer | Asked in Education Law and Criminal Law for California on
Q: What is "special notification to jail"(Haircut, dr.appt) mean?

I went to be arraigned after court I looked up my case online. It shows the reason for court, next to it says outcome. The very first this it said on mine was special notification to jail (haircut and dr.appt,ect)

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answered on Nov 29, 2023

In the context of California law, "special notification to jail" on a court document typically refers to instructions or notifications sent from the court to the jail regarding the needs or requirements of an inmate. In your case, mentioning a haircut, doctor's appointment, etc.,... View More

1 Answer | Asked in Education Law for California on
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??

My daughter read Life As We Knew It in 6th grade(11 yrs old). It intails a pastor convincing a girl to starve herself so the rest of the congregation will have faith that God is on their side during an end of the world situation. The girl sucums to the practice and dies. She refused to listen to... View More

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answered on Nov 19, 2023

Under California law, public schools can assign reading material that contains references to Christianity, fasting, and sacrifice practices, as long as the material is part of a curriculum that serves an educational purpose and is not intended to promote or endorse any particular religious belief.... View More

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