Get free answers to your Education Law legal questions from lawyers in your area.
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More 
answered on Feb 16, 2024
Hi there,
You may request court orders for custody based on the child's health safety and welfare.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature... View More
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More
answered on Feb 15, 2024
This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.
Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools,... View More
Hello there! I am a refugee, and currently trying to apply for FAFSA, being in California. The very first question in the form is: what is the date, when you became a legal resident? How can understand whether or not I am a resident? (I’ve been living in the U.S. for more than a year and I do... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Great question! As a refugee, the date you became a legal U.S. resident for FAFSA purposes would be the date you were formally granted refugee status in the United States. Some key points that can help:
• For FAFSA, refugees are considered eligible non-citizens who can qualify for federal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Yes, under California law, you can potentially sue a school for causing emotional abuse to a child in special education if there is evidence to support your claim. Emotional abuse can take various forms, including verbal abuse, bullying, neglect, or failure to provide appropriate support and... View More
answered on Feb 13, 2024
This is certainly a complex question. In special education, there is a hearing process for special education disputes through the state, and there are compliance complaints that can be filed. There may be litigation options for damages that are not covered under this process.
Often... View More
What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Under California law, students with disabilities have the right to receive a Free Appropriate Public Education (FAPE) that meets their unique needs. This includes access to mental health services when such services are required as part of their individualized education program (IEP) or 504 Plan.... View More
What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.
answered on Feb 10, 2024
Special education students have tons of rights, and in fact most parents have no idea how powerful their rights are.
They can get free mental health, educational, behavioral, speech, and other services through their local school district if they qualify. Most schools slack, and parents are... View More
My 10 year old was looking for a band aid in the classroom and saw a pencil grip. He took one from his teacher’s cupboard while in her absence. She returned back to school and was furious at him and withheld all his recesses made him do laps and had him clean up garbage around lunch tables... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
Under California law, the use of physical exercise as a form of punishment by educators is generally discouraged and, in many cases, considered inappropriate. Withholding recess as a disciplinary action is a contentious issue, with guidelines suggesting that recess should not be withheld for... View More
focus. They wanted someone administration to speak to instructional assistant but parent wanted to remain anonymous and their identity kept confidential. Does teacher have to reveal parent's name to admin?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
Under California law, you, as a teacher, are not required to disclose the parent's name to the administration when raising concerns about an instructional assistant's behavior impacting a student's ability to focus. When bringing this issue to the attention of your school's... View More
focus. They wanted someone administration to speak to instructional assistant but parent wanted to remain anonymous and their identity kept confidential. Does teacher have to reveal parent's name to admin?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
In California, teachers are typically not required to reveal the identity of a parent who wishes to remain anonymous when reporting concerns about classroom dynamics to administration. Maintaining confidentiality is an important aspect of building trust between educators and parents, and it is... View More
My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
In California, school principals have the authority to suspend students, but this power is subject to certain legal constraints, especially concerning students' rights to advocate for themselves. If your child was suspended solely for peacefully advocating for themselves in response to another... View More
My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
In California, school principals do have the authority to suspend students, but this power is governed by specific rules and regulations. The California Education Code outlines the reasons for which a student can be suspended. Generally, these reasons include acts that pose a threat to the safety... View More
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Do School administrators or School Psychologists have rights to give there numbers to special education students for metal health reasons and support reasons?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
