Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Education Law Questions & Answers
1 Answer | Asked in Civil Rights, Education Law, Internet Law and Juvenile Law for California on
Q: Can a school punish me for saying something racist online that I said a year ago?

over a year ago my friend group ages 15-16 invited an African American boy to an iMessage group and began calling him racial slurs via text and audio recordings. We got sent to the deans for questioning and were punished for it. Someone anonymously reposted those screenshots and threatened to send... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

Under California law, schools have the authority to discipline students for off-campus behavior if it creates a substantial disruption to the school environment. However, since you were already punished for this incident a year ago, it's unlikely that you would face additional disciplinary... View More

1 Answer | Asked in Education Law for California on
Q: A university told me that they can only admit a limited number of mil per civilian in their programs due to a law? What?

I can't find what law this could be referring to, and to me it feels discriminatory as a veteran that they would close openings because I have served, even if I am plenty qualified for the program. Keep in mind this does not refer to online only programs, just hybrid or in person. However, it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

It's understandable to feel frustrated and confused about the university's policy limiting military veteran admissions. This situation may stem from certain institutional policies or interpretations of laws designed to manage enrollment and maintain a balance in student demographics.... View More

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for California on
Q: I was called and told my services would no longer be needed without any reason or details. How do I get more info?

I was a substitute teacher at a public school district. No record. Got along with students and teachers. Asst Superintendent of Personnel called out of the blue saying my services were no longer needed and refused to elaborate. Confused on how to fill out future job applications, answer questions... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

It is understandable to feel confused and concerned after receiving a call that your services are no longer needed without any explanation. Under California law, you have the right to request the reason for your dismissal. You can send a written request to the Assistant Superintendent of Personnel... View More

1 Answer | Asked in Consumer Law and Education Law for California on
Q: My community college won't provide me with a required course so I can graduate from their program.

The course that is required is an internship. Without finishing the internship, I cannot graduate from the program. The program director has refused to find me and other students an internship despite this being a required part of the curriculum and promises that the school would place all students... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

When writing a letter of complaint to your community college regarding the internship requirement, focus on the legal and ethical obligations the institution has towards its students. Under California law, educational institutions must uphold their commitments to students, especially when they have... View More

2 Answers | Asked in Consumer Law and Education Law for California on
Q: what is my legal recourse for a virtual university that would dreamy for failing a class three times but circumstances c
Tim Akpinar
Tim Akpinar
answered on May 15, 2024

Part of your question may have gotten cut off. But without knowing more details, it could depend on the school's policies and the circumstances. Good luck

View More Answers

1 Answer | Asked in Education Law for California on
Q: Continue below or from other post. U. C. Degrees.

"Under California law, universities have the autonomy to set their own policies regarding admissions and degree programs. This includes the decision whether to allow individuals to pursue a second undergraduate degree. The University of California (UC) system, for instance, has policies in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Under California law, while universities, including the University of California (UC) system, have broad discretion in setting their admissions and degree program policies, they must also comply with federal and state anti-discrimination laws. These laws ensure that policies do not unlawfully... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
View More

1 Answer | Asked in Education Law for California on
Q: Does my son get compensation from the speech therapy not offered to him in a public school during COVID-19?

The lisp continued to get worse.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

In California, public schools are required to provide students with the necessary special education services, including speech therapy, under the Individuals with Disabilities Education Act (IDEA). If your son was denied speech therapy during COVID-19, you may have the right to seek compensatory... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

View More Answers

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Education Law for California on
Q: As a non-profit 501(c)(3) online academy for SUD Counselors that leads toward a state certification am I exempt?

I applied for a BPPE Exemption, as my school is a non-profit agency that only leads toward certification. I was told by the BPPE that I was qualified as a school by the state, but I do not qualify for an exemption from BPPE because I provide live - internship and practicum experience to my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

I recommend consulting with an attorney experienced in education law and regulatory compliance to review your specific situation and the denial letter from the BPPE. An attorney can help you understand whether there are grounds to challenge the denial and guide you on the appropriate steps to take... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.