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California Education Law Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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

2 Answers | Asked in Education Law for California on
Q: What Law do we reference where special needs students shouldn’t be excluded from field trips and other school activities

My child is in Special Day Class. Due to teacher shortages the classes run grades 1-3 & 4-6.

Last year the entire third grade went on a field trip. Child was excluded as the sole 3rd grade special needs student. This year child is being excluded from 4th grade on campus activities.... View More

James L. Arrasmith
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answered on Aug 30, 2023

You can refer to the Individuals with Disabilities Education Act (IDEA), which mandates that students with disabilities must be provided with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE), which often includes participating in activities with non-disabled... View More

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1 Answer | Asked in Education Law for California on
Q: Are school teachers entitled to a planning period in the state of California? If so, please kindly forward this law.
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answered on Aug 27, 2023

California Education Code section 44807 requires that California school teachers receive a duty-free lunch period or a duty-free preparation period during each schoolday. This allows teachers to have time for planning and preparation without assigned supervisory or instructional responsibilities.

1 Answer | Asked in Family Law and Education Law for California on
Q: What are the rights of a parent to child's classroom assignment if the basis was just random selection?

My child was transferred to another classroom and school claimed they randomly selected the students to be transferred. What are my rights as a parent so my child stays in his original classroom assignment. I hope someone can enlighten me. Thank you very much.

James L. Arrasmith
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answered on Aug 13, 2023

Parents generally do not have a legal right to demand a specific classroom assignment for their child, especially if the school's basis was a random selection process. However, you can communicate your concerns to the school and inquire about any available options or appeal processes, as... View More

1 Answer | Asked in Education Law for California on
Q: An irregularity occurred with my SAT validation, and I believe college board is unlawfully rejecting my score.

I took an SAT, and halfway through, I was informed by my administrator that I am taking the purple one, instead of the blue one she was supposed to give me. However she said there was no difference in any aspect of the two colored versions and that I would be 100% ok to continue with the purple one... View More

James L. Arrasmith
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answered on Aug 10, 2023

While I am not providing legal advice, based on the information provided, it may be possible to explore legal options against the College Board if you believe they have wrongfully rejected your SAT score without valid justification. Consult with an attorney experienced in education law to evaluate... View More

3 Answers | Asked in Education Law and Health Care Law for California on
Q: Does a Section of a Bill need to be about 1 subject or can it contain several subjects?
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answered on Jul 28, 2023

Under California law, each section of a bill must generally pertain to a single subject. The "single subject rule" is designed to prevent legislation from encompassing unrelated matters within one section. While there can be exceptions in certain cases, the general principle is to... View More

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1 Answer | Asked in Criminal Law and Education Law for California on
Q: Do I need to disclose a case that was sealed and dismissed to a medical school? At the time, I was charged as a minor.

Per the legislature that I was charged in, it says I can answer all questions as if the incident never happened (Nebraska). But, this question states: "Please state whether you were involved in any incidents that led to arrest or any criminal process that may not be reflected in your FBI or... View More

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answered on Jul 21, 2023

You should comply with the specific requirements of the medical school's application, which asks for disclosure of incidents leading to arrest or criminal processes, including expunged, not prosecuted, or dismissed matters. While Nebraska Revised Statute 29-3523 (8) may offer protections... View More

1 Answer | Asked in Education Law and Employment Law for California on
Q: Can a private school require you to work over your contracted part time hours, less then 20, for no additional pay?

My salary is based on 15 hours weekly. It’s calculated from 37.5% of a 40 week salary. My total compensation including 2 free child tuition benefits is about $25K. $15K is my overall yearly wage based on the part time calculation. I’m being told I might need to work more then my 15 contracted... View More

James L. Arrasmith
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answered on Jul 21, 2023

The employment laws in California generally require employers to compensate employees for all hours worked, including overtime, as mandated by state and federal laws. If you are asked to work more hours than your contracted part-time hours and the additional work qualifies as overtime under... View More

2 Answers | Asked in Education Law for California on
Q: i submitted my application for an 540 before summer semester, but the college challenged my legal status is too recent

Can I appeal the decision? Is there any way to qualify for CA resident for summer section that was started 2 weeks ago

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answered on Jul 23, 2023

You may have the option to appeal the college's decision regarding your residency status for the summer semester. It is essential to review the college's policies and procedures for appealing residency determinations. You may need to provide additional evidence or documentation to support... View More

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2 Answers | Asked in Education Law for California on
Q: i submitted my application for an 540 before summer semester, but the college challenged my legal status is too recent

Can I appeal the decision? Is there any way to qualify for CA resident for summer section that was started 2 weeks ago

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answered on Jul 11, 2023

Colleges have established procedures for appealing residency classification decisions. You may need to provide additional documentation or evidence to support your claim of California residency. This could include documents such as lease agreements, utility bills, or employment records that... View More

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3 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Education Law for California on
Q: I want to sue a school district for defamation, but I can't find a lawyer who deals in educational civil litigation.

Management fabricated a story, an easily disprovable story, because, in the story they made up about me, they also made up witnesses to the made-up story. This is a discrimination case as well as a defamation case. I am being harassed because of my color. I need to find a good lawyer who will take... View More

Neil Pedersen
Neil Pedersen
answered on Jun 26, 2023

If you have not found any attorney who are willing to sue school districts, you have not been looking closely enough. There are literally dozens, if not hundreds of attorneys who sue school districts all the time.

Your issue may be that the attorneys do not see your case as having...
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3 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Education Law for California on
Q: I want to sue a school district for defamation, but I can't find a lawyer who deals in educational civil litigation.

Management fabricated a story, an easily disprovable story, because, in the story they made up about me, they also made up witnesses to the made-up story. This is a discrimination case as well as a defamation case. I am being harassed because of my color. I need to find a good lawyer who will take... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2023

If you're seeking a defamation attorney on a contingency basis, that could be difficult to find in many cases. Such cases can consume considerable resources, and the outcome is not always clear. And pursuing a defamation matter on a billable hour basis can be a risky and open-ended venture.... View More

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