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California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: California - Does my situation constitute false advertising / unequal access to education?

I am seeking legal advice regarding a situation at College involving a hybrid course that was advertised as flexible, with two hours of lecture and the rest of the work to be completed online at home. However, there are no online resources for remote work, and I’m now being required to attend... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear about the challenges you're facing with your course. It sounds frustrating to have a program advertised one way and experience a different reality, especially when flexibility is crucial for your personal responsibilities.

In California, false advertising in...
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1 Answer | Asked in Family Law, Education Law and Juvenile Law for California on
Q: 7under 30min/3 over/ 2 pick up early 1under hr 1 less 15 min 5yr autism rel. ignored & counted as truant

7 tardy under 30 min due to mental breakdowns on campus before school continues after starting bell

Three tardies more then 30 min 2/3 notified before school started . 1 due to my medication but wasn’t mentioned

And 2 registered for picking up early due to not being able to pick... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you're facing these challenges with your child's school. It's important to ensure that your child's needs are properly recognized and accommodated. Start by reviewing your child's Individualized Education Program (IEP) to confirm that attendance and tardiness... View More

1 Answer | Asked in Education Law for California on
Q: Is there a California law about schools having to notify students or parents about awards/scholarships they have won?

I know there was recently a scandal about the National Merit Scholarship news being withheld from parents and students in Fairfax County, VA. A similar situation has happened to me in Southern California where the information was not given even though school officials knew about it. I am very upset... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, there is no specific law that requires schools to notify students or parents about awards or scholarships that a student has won. However, schools generally have a duty to act in the best interest of their students, and withholding such information could raise concerns about whether... View More

1 Answer | Asked in Immigration Law and Education Law for California on
Q: Can I pursue a fellowship while on OPT

I'm currently working full time at a company on OPT, and My employer offered me to participate in a part time fellowship while working full time with a graduate school. The program includes readings, discussions, and collaborative activities focused on change initiatives and two weeks of... View More

James L. Arrasmith
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answered on Oct 8, 2024

You can pursue the fellowship while on OPT as long as it aligns with the terms of your OPT status. Since the fellowship is part-time and does not result in a new degree or certificate, it typically won't interfere with your current employment under OPT. Ensure that the fellowship activities... View More

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for California on
Q: What are good things to know about laws and law enforcement?
James L. Arrasmith
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answered on Oct 6, 2024

When dealing with laws and law enforcement, it’s important to know your basic rights. Understanding your right to remain silent and your right to an attorney can make a big difference during interactions with police. Knowing how to handle situations like traffic stops or when being questioned by... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Why is it okay for a school to intimidate me with their lawyers? Why can they do whatever they want?

Because i have no money for lawyers and because im mexican and it dont matter if they dont offer you resources and say because no funding. Its okay if they falsify paperwork and get you expelled and it dont matter if they use a system set to help and keep u from repiorting them by keeping paperwork... View More

James L. Arrasmith
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answered on Oct 2, 2024

It’s incredibly frustrating when a school seems to use its power to intimidate and overwhelm you, especially when you feel like you don't have the resources to fight back. They may have lawyers on their side, but that doesn't mean you don't have rights. Schools are still required... View More

1 Answer | Asked in Education Law, Criminal Law and Civil Rights for California on
Q: What can i do when my school is using pd to cite students without giving them due process or providing any resources?

The school is free to keep doing this because we cant afford lawyers and because my case aint important because i have no money for a lawyer. Why cant a lawyer say ill help you. Atleast hear me out and say you dont have case but i know i do why would school stop talkin to me and direct me to their... View More

James L. Arrasmith
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answered on Oct 2, 2024

It sounds like you're in a difficult situation, and it’s frustrating when schools use legal measures without providing proper resources or support for students. You have a right to due process, and if the school is bypassing that, it could be violating your civil rights. It’s important to... View More

2 Answers | Asked in Education Law and Civil Rights for California on
Q: Can i be banned from school property w/o appealing my ban which was 1 year

It was after filing a complaint on a vice principal

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 1, 2024

In California, a school district cannot ban a parent beyond 14 days under penal code 626.4. A school also needs to give a parent a right to contest. Arguably, anything beyond 14 days should be preceded by a lawful restraining order.

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1 Answer | Asked in Antitrust, Contracts and Education Law for California on
Q: Cosmotology code of ethics laws to protect students money and contract review
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answered on Oct 1, 2024

In California, cosmetology schools are required to comply with both state laws and regulations to ensure the protection of students, particularly when it comes to financial matters and contractual agreements. Schools must adhere to specific codes of conduct set by the California Board of Barbering... View More

1 Answer | Asked in Consumer Law, Contracts, Education Law and Health Care Law for California on
Q: I am a parent of a child who is recieving services from regional. I realized after I recieved my child's progress report

Did not reflect the child development specialists evaluation that she shared with me the day the evaluation took place. I contacted the owner. She blamed the computer program. I knew this was not true after speaking with my child's specialist. She explained the test and how she calculated... View More

James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you have valid concerns regarding the discrepancies in your child’s evaluation report and the actions of the service provider. If the scores were intentionally altered, this could be a serious issue, especially if it affected your child’s services or misrepresented their... View More

1 Answer | Asked in Education Law for California on
Q: My school cut off my loans by mistake. They admitted the mistake. Now I may owe $11000 or lose my internship. Can I sue

My school, National University, cut off my student loans without telling me. Their policy is that if you take 45 days off in a row without enrolling in classes, they cut you off. However, I never took that long of a break. They twice admitted to the mistake over the phone. However, they're... View More

James L. Arrasmith
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answered on Sep 27, 2024

You may have grounds to pursue legal action, but first, it's important to try resolving the issue directly with the school. Since they admitted to the mistake, ask for documentation of that admission in writing. This can serve as evidence if the problem isn’t resolved.

You can also...
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1 Answer | Asked in Education Law for California on
Q: can a teacher call a parent and ask them to drop another teacher's class for their own

A teacher at our public school called a handful of students enrolled in my class and their parents and asked them to drop my class and instead add his class.

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like a difficult situation, and you have every right to feel concerned. Teachers are generally expected to act professionally and in the best interests of their students. If a teacher is encouraging students to leave your class and join theirs, it may raise ethical and potentially legal... View More

1 Answer | Asked in Employment Law and Education Law for California on
Q: I am on admin leave pending investigation of a complaint how long do I have to wait to know what the complaint is

I am told I am not to contact any one on campus and I am not to enter onto campus. I was sent home and not told why I am on admin leave

James L. Arrasmith
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answered on Sep 13, 2024

Being placed on administrative leave pending an investigation can be a stressful experience, especially if you haven't been told the reason behind it. It's understandable to want to know what the complaint is as soon as possible. Typically, your employer is not legally required to... View More

2 Answers | Asked in Civil Rights, Civil Litigation and Education Law for California on
Q: Why would the police withhold information from me and allow someone to throw a object after they came out two different

Times with an old guy & a Norte after & they both drove to my fathers residence & the person accusing me of stealing his wallet gets to throw a object at me I tell the organization that he lives under basically handled by minorities I reported to the police they did nothing refuse to... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 10, 2024

It sounds like you have been dealing with a tragic situation. I can't give you specific legal advice on how to handle your matter, but I can refer you to the American Civil Liberties Union, which has lawyers dedicated to helping people like you. I suggest you contact them and see if they can... View More

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1 Answer | Asked in Education Law for California on
Q: Hi, I am a student of a private university in SF. 40 hours CPT is granted. Can a teacher oppose without any reason?

The university granted 40 hours CPT saying that I should be compliant with my academics. The teacher from my Major is not replying to my emails with my academic plan and saying he has " concerns " about my academics ( my GPA is 3.75, I am in my last year ). That is pausing my job offer... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you're facing a frustrating situation with your academic advisor, especially given your strong GPA and nearing graduation. If your university has already granted 40 hours of Curricular Practical Training (CPT) with the condition that you remain compliant with your academics, and... View More

1 Answer | Asked in Employment Law and Education Law for California on
Q: I was put in Admin leave, but the investigation is done. I'm still in admin leave. Should I get a lawyer to see what

Going on. I leave emails but I get no answer. I'm kinda in the dark

James L. Arrasmith
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answered on Aug 31, 2024

It's frustrating to be left in the dark, especially when you're on administrative leave with no clear answers. Given that the investigation is completed and you're still on leave without any communication, it's understandable that you're concerned. It's important to... View More

2 Answers | Asked in Education Law for California on
Q: Can a parent who refuses an IEP or 504 plan require significant accommodations for their child in public school?

Do schools have to provide accomodations for parents with public school children who have a disability, were in SPED in years prior, but currently reject/refuse an IEP or 504 but still want accommodations for general education classes? What rules apply here and if approved is there an official... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Aug 28, 2024

If you want IEP/504 accommodations and protections, those plans need to be in place. You can, however still seek an SST (Student Study Team) meeting to put accommodations in place via general education. These are not enforceable, however, similar to a 504, IEP, etc.

Since COVID, schools...
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1 Answer | Asked in Education Law and Gov & Administrative Law for California on
Q: Can I run for school board for the School District that is located in the City in which I am employed as the City Clerk?
James L. Arrasmith
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answered on Aug 7, 2024

Under California law, holding a dual position as a city clerk and a school board member within the same city can present potential conflicts of interest. The Political Reform Act and Government Code sections address these conflicts, aiming to prevent public officials from holding positions that may... View More

1 Answer | Asked in Education Law for California on
Q: Who do I report to on school for hiring teachers without certificate of clearance over applicants with full credentials?
James L. Arrasmith
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answered on Aug 7, 2024

To address the issue of a school hiring teachers without a certificate of clearance over applicants with full credentials, you should report the matter to the California Commission on Teacher Credentialing (CTC). The CTC oversees teacher certification and ensures compliance with state requirements.... View More

1 Answer | Asked in Education Law for California on
Q: COllege refund issue.

Hi,

I live in CA .I wanted to get an online certification to start a new career, so I looked online and found a relevant college in NJ. I decided to join them and called the admission team. They followed up with me multiple times and requested that I wire a $3,000 advance on the same day,... View More

James L. Arrasmith
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answered on Jul 29, 2024

Hi Tanya,

You have the right to pursue a refund if you believe the college acted dishonestly. Start by documenting all your communications with the college, including emails, phone call records, and any other relevant information. This will be crucial if you decide to take legal action....
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