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California Education Law Questions & Answers
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

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

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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

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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: Can the public submit written public comments to a charter school board meeting, even if they can’t attend the meeting?
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answered on Jan 15, 2025

Yes, members of the public can submit written comments to charter school board meetings in California, even if they cannot attend in person. This right is protected under California's Brown Act and Education Code.

You'll need to check the specific school board's procedures...
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2 Answers | Asked in Civil Rights and Education Law for California on
Q: My 16yo son faces Saturday detention for needing more than 5 minutes in the bathroom due to an upset stomach.

This seems like abusive discipline and I want to send a strong message to the school administration this is not acceptable. Can we sue them for damages?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Dec 31, 2024

You can sue anyone for practically anything, so possibly, but this does not seem like something that would go to a lawsuit level. It is quite pricey to file a lawsuit. It may be better to try to work with the school to see what happened, and see if they will erase the Saturday School, and fix... View More

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1 Answer | Asked in Employment Law and Education Law for California on
Q: If I am trying to break a teaching contract midyear, and I have no misconduct or disciplinary action on my record.

I work at Pacific Palisades Charter High School. My contract I signed doesn't have a termination clause. The collective bargaining agreement and Employee Handbook say nothing in regards to leaving mid-year. I am a probationary teacher. It says that I am at-will, but since I am trying to leave... View More

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answered on Dec 16, 2024

From your description of working at Pacific Palisades Charter High School, being at-will and having no specific termination clause gives you more flexibility in this situation. While breaking a teaching contract mid-year is generally discouraged, California's Education Code doesn't... View More

1 Answer | Asked in Child Support, Election Law, Gov & Administrative Law and Education Law for California on
Q: Can a teacher ask a 1st graders to openly state whom they support on presidential elections?

Teacher asked 1st graders whom they support Kamala or Trump and asked why.

My daughter was the only one who said she supports candidate X.

She had no knowledge about elections except what her mother said her without thinking a day before.

I worry now the daughter will be... View More

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answered on Nov 15, 2024

This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.

First graders are...
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1 Answer | Asked in Criminal Law, Education Law and Health Care Law for California on
Q: I had a criminal record back 2007 but had been expunged last year will it hurt my work status?

Back in 2007 I was convicted wrongfully for 211 theft but I did the time then was released and dismissed but not completely since it still showed on my record when checked. But last year 2023 I was able to get it expunged I am working now and after a year of working with my employer my boss called... View More

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answered on Oct 31, 2024

Having your record expunged generally means that the conviction is set aside, and you can legally answer "no" when asked if you've been convicted of a crime. This should help reduce any negative impact on your employment. Employers are typically limited in how they can use expunged... View More

1 Answer | Asked in Education Law for California on
Q: Do APEX leadership company fundraising activities on public school campuses during school day violate Cal Ed Code 5120?

Apex Is a for-profit franchise business. They send representatives to the school for a 2-week fundraising campaign culminating in a fun run. During the campaign, Apex representatives come to each classroom daily to give presentations encouraging students to solicit monetary pledges from friends and... View More

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answered on Oct 18, 2024

It's important to understand that California Education Code 5120 regulates commercial activities on public school campuses. Apex's fundraising efforts during school hours could fall under this regulation, especially since they are a for-profit entity engaging directly with students and... View More

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