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California Education Law Questions & Answers
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?

James L. Arrasmith
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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

James L. Arrasmith
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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

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

This book has a A pastor telling a girl to starve herself to make his congregation believe God is with them, since they believe its the end of the world..she did the 40 day starvation.

She ended up dying as a result and quiet agonizing, as the book talks about her journey and the pain the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In the United States, public schools have the responsibility to ensure that the curriculum, including assigned reading materials, adheres to the principles of secular education as mandated by the First Amendment. This means that schools must avoid endorsing or promoting any particular religion or... View More

1 Answer | Asked in Juvenile Law and Education Law for California on
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp

So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel... View More

James L. Arrasmith
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answered on Nov 16, 2023

In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the... View More

1 Answer | Asked in Education Law for California on
Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?

This other student has hit his teacher and slapped a parent volunteer along with hitting other students too.

James L. Arrasmith
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answered on Nov 9, 2023

I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take:

- Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help....
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1 Answer | Asked in Family Law and Education Law for California on
Q: My sons teacher got in my sons face yelling & put his hands around my sons neck. My sons classmate recorded the incident

Can i take the school / teacher to court?

James L. Arrasmith
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answered on Oct 31, 2023

In California, a teacher physically assaulting a student is a serious matter. Under California law, such conduct may be grounds for both criminal charges against the teacher and a civil lawsuit against the teacher and potentially the school district for damages. If you possess a video recording of... View More

1 Answer | Asked in Education Law for California on
Q: okay I am a student in California.My teacher rudely pulled my AirPod out of my ear and refused to give it back can I sue
James L. Arrasmith
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answered on Oct 16, 2023

In California, teachers have a duty to maintain a safe and orderly classroom environment, but they must also respect students' personal boundaries. If a teacher pulls an item from a student in a manner that's considered forceful or aggressive, it might be viewed as battery, a tortious... View More

1 Answer | Asked in Education Law for California on
Q: Can a school district fail a student in a high school class when they failed to notify them for two weeks they were

approved for their online enrollment application (after inter-district transfer approved) and basically forgot to contact the registrar at this CA public high school causing my high schooler to miss 2 weeks of school and would still be missing today if we didn't stop by. We notified them... View More

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answered on Oct 14, 2023

In California, public schools are required to provide all students, including those with disabilities, with equal access to education. If your child has a documented disability, the school district must comply with federal laws, such as the Individuals with Disabilities Education Act (IDEA) and... View More

1 Answer | Asked in Education Law for California on
Q: My daughter, was placed on strict probation for 6 weeks in her school and suspended for 3 days.

She did call her dean a bad word to her friend and the assistant heard (the assistant principal is her husband) the assistant screamed at her in front of everyone which was traumatizing for her. She apologized to the dean and has been doing detention for the last 4 weeks. They took her off all... View More

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answered on Oct 10, 2023

Certainly, it's concerning when a student feels disproportionately punished. In California, schools should have clear and consistent discipline policies. First, review the school's handbook or discipline policy to see if the punishment aligns with stated procedures for such an infraction.... View More

2 Answers | Asked in Personal Injury and Education Law for California on
Q: My 5year old daughter has an iep and she broke her arm on the playground . What do I do next ? Who do I speak with?

The nurse made an assumption saying she is fine when we picked her up and we got to the hospital and it’s broken .no one has given me an incident report or even explained to me what happened. I asked what adult was on the playground and no one in the office knows anything and it’s been 5 days

James L. Arrasmith
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answered on Oct 10, 2023

If your child sustains an injury at school, you have the right to receive information about the incident, especially if it led to a serious injury like a broken arm. First, request a meeting with the school principal to obtain a clear account of the incident. If the school has security cameras, ask... View More

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2 Answers | Asked in Personal Injury and Education Law for California on
Q: My 5year old daughter has an iep and she broke her arm on the playground . What do I do next ? Who do I speak with?

The nurse made an assumption saying she is fine when we picked her up and we got to the hospital and it’s broken .no one has given me an incident report or even explained to me what happened. I asked what adult was on the playground and no one in the office knows anything and it’s been 5 days

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A California attorney could advise best, but your question remains open for a week. I'm sorry about your daughter's accident. You could try to arrange a free initial consult with a local attorney to discuss. If an attorney feels you may have the basis for a case, they could investigate... View More

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2 Answers | Asked in Education Law and Sexual Harassment for California on
Q: Do schools with less than 50 employees need to do title ix training?

Do employees working at the school who are deemed part-time, less than 20 hours per week need the title ix training?

T. Augustus Claus
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answered on Oct 5, 2023

In California, Title IX training requirements can extend beyond just the larger educational institutions. While federal Title IX regulations primarily apply to institutions receiving federal funding, California's state laws have broader implications. The California Education Code requires all... View More

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2 Answers | Asked in Education Law and Sexual Harassment for California on
Q: Do schools with less than 50 employees need to do title ix training?

Do employees working at the school who are deemed part-time, less than 20 hours per week need the title ix training?

James L. Arrasmith
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answered on Oct 10, 2023

In California, regardless of the number of employees, all schools receiving federal financial assistance are required to comply with Title IX. This means they must address sexual harassment and gender-based discrimination. While Title IX itself does not specifically mandate training for all... View More

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3 Answers | Asked in Education Law for California on
Q: Can an admin at a private school legally go through your stuff without a reason ?
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answered on Oct 10, 2023

In California, private schools, unlike public schools, are not bound by the Fourth Amendment in the same way. However, many private schools have their own policies and guidelines outlined in their handbooks or enrollment contracts regarding searches of students' belongings. While the legal... View More

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1 Answer | Asked in Education Law for California on
Q: Can I be helped if my son has been suspended from school and is awaiting hearing for expulsion. Is the service free ?

He was suspended for brandishing a pocket knife on school grounds. According to school police he only showed it very quickly to scare away older kids that were trying to fight

James L. Arrasmith
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answered on Sep 28, 2023

Yes, legal assistance may be available for your son in a school suspension and expulsion hearing. California provides due process rights to students facing disciplinary actions, and they may be represented by an attorney or advocate during the hearing. Whether the service is free would depend on... View More

1 Answer | Asked in Education Law and Family Law for California on
Q: What am I supposed to do when wife pulls kid from school without having a school lined up

My wife just doesn't like the school or kindergartner goes to. She really has been looking for a reason to pull our kid. Well one day after work 3 days ago. She tells me shes never going back cuz a kid is mean to her, she claims its abuse. And shes pulling her that day. After a yelling match... View More

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answered on Sep 14, 2023

Under California law, both parents typically have equal rights and responsibilities regarding decisions related to their child's education. If your wife has unilaterally withdrawn your child from school without a legitimate reason and without an alternative school in place, you may consider... View More

1 Answer | Asked in Education Law for California on
Q: Is a Learning Specialist liable if private non funded school does not hire enough staff to provide LD accommodations

I’m the only Learning Specialist at a non funded K-12 independent school in CA. Am I liable if not all students can be guaranteed their learning disability accommodations ? Or is the liability on the school? Or is there any liability if students don’t get their accommodations? Please help. Thx

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answered on Sep 7, 2023

In California, the liability typically falls on the institution, which in this case is the school, to provide the necessary accommodations for students with learning disabilities as required by law. However, as an employee, you are expected to uphold the policies and requirements set forth by the... View More

1 Answer | Asked in Education Law for California on
Q: A student had an inter district transfer agreement. We were told her enrollment was conditional for truancy.

So we enrolled her in her home district just in case the enrollment was revoked a couple of days before school. The SARB was to be held a couple of days after school. Upon receiving the records request, the inter district immediately dropped the enrollment of the student before school and before... View More

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answered on Sep 7, 2023

Under California law, whether the drop in enrollment was lawful can depend heavily on the specific terms outlined in the inter-district transfer agreement and the district's policy on truancy. Generally, it would be expected that a decision such as this would only be made following the... View More

1 Answer | Asked in Education Law for California on
Q: Are there any laws in place protecting Sp. Ed students from being given online services when in person is preferred?

I have twins in speech therapy. They received in person sessions all last year. This year they were switched without notice to online speech services (even though there is an on site speech therapist available). I want them switched back to in person because I know from the shut down that they do... View More

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answered on Sep 2, 2023

Under the Individuals with Disabilities Education Act (IDEA) and California state law, your children are entitled to a Free Appropriate Public Education (FAPE) tailored to their unique needs, which usually means services must be delivered in the manner most effective for the student. You have the... View More

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