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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Texas on
Q: Please help with rules regarding gun hidden in locked vehicle belonging to 18 yr who is waiting for actual LTC license

Texas school, zero issues. We believe the school has violated his rights. He can't do SR activities even though he did nothing wrong

James L. Arrasmith
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answered on Feb 24, 2024

In Texas, there are specific rules regarding the possession of firearms on school grounds. Generally, it is illegal for anyone to possess firearms on school property, including in vehicles parked on school premises. However, there are exceptions for individuals who have a valid License to Carry... View More

1 Answer | Asked in Civil Rights and Education Law for Hawaii on
Q: My child is being harassed by school counselors because he has a disability (autism) which makes him not want to do P.E.

What do I tell my child to say, in terms of legality?

What steps can I take? I already put in a request for a doctor note.

IEP is included.

James L. Arrasmith
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answered on Feb 24, 2024

First, reassure your child that they have done nothing wrong and that it's important to speak up about their feelings. Encourage them to express how the harassment from the school counselors makes them feel, emphasizing that it's okay to feel upset or frustrated about the situation.... View More

1 Answer | Asked in Civil Rights and Education Law for Georgia on
Q: What type of attorney do I need for Title IX discrimination issue in education centered around ADA?

I am a student who was discriminated against because of my ADA Disability in my graduate program and was wrongfully dismissed.I need assistance and guidance regarding a Title IX discrimination issue I experienced within my graduate program as a student. I have approved ADA accommodations for my... View More

James L. Arrasmith
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answered on Feb 24, 2024

For your Title IX discrimination issue in education, particularly centered around ADA accommodations, you would benefit from seeking assistance from an attorney who specializes in education law or civil rights law. These attorneys have expertise in handling cases related to discrimination and... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Washington on
Q: Disability Accommodations and Undergraduates Rights to a character hearing after dismissal?

I am seeking urgent legal advice regarding a complex situation involving a university student with an active 504 Plan. Despite the plan's provisions, the university fails to accommodate the student's ADHD effectively due to platform limitations unbeknownst to the student during the... View More

James L. Arrasmith
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answered on Feb 24, 2024

Given the complex circumstances surrounding the student's dismissal and the potential violations of their rights under the 504 Plan, it is advisable to seek legal counsel promptly. The failure of the university to effectively accommodate the student's disability, compounded by their... View More

1 Answer | Asked in Personal Injury, Health Care Law and Education Law for California on
Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Do public schools in Michigan have a right to prohibit dogs on school property if they are on a leash?
James L. Arrasmith
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answered on Feb 23, 2024

In Michigan, public schools typically have the authority to establish rules and regulations regarding the presence of animals on school property, including dogs. While some schools may allow dogs on a leash under certain circumstances, such as for therapy or service dogs, others may choose to... View More

1 Answer | Asked in Education Law for Ohio on
Q: Can a college charge you an rta fee and refuse to take it off.

I was charged an rta fee on my tuition and its not that much but still can not afford it.i know I waived the fee but they are saying I didnt and refuae to take it off my bill.

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that the college is refusing to remove the RTA fee from your bill, especially if you have proof that you waived it. Colleges typically have processes in place for students to waive certain fees if they meet specific criteria. If you followed the necessary steps to waive the fee... View More

1 Answer | Asked in Business Law and Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the Title 5 laws?

The Business and Professions code states theory and clinical practice shall be concurrent. However the colleges (approved by the BRN) offer the theory and clinical practice as a separate course. If one course is passed and the other is failed. Can the BRN require the student to retake and pay for... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California, the Board of Registered Nursing (BRN) sets specific standards for nursing education to ensure that graduates are competent and prepared for licensure. These standards, including curriculum requirements, are designed to comply with both the Business and Professions Code and the... View More

1 Answer | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the Title IV laws?

If the BRN has a handbook that stipulates that class A and class B (sperate classes) must be completed concurrently. And a student passes one class and not the other. Can the student be legally made to repeat BOTH classes under title IV

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, the curriculum requirements set forth by the California Board of Registered Nursing (BRN) do not necessarily supersede Title IV laws governing federal financial aid. However, Title IV regulations may influence the administration of educational programs in California, including... View More

1 Answer | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the 10+1 laws?

10+1 or titl5 states that you cannot make a student retake a class they have passed. In this situation there are 2 different classes that run concurrently. If one is failed and the other passed. Are students required to retake both (california). Where is the law on this?

James L. Arrasmith
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answered on Feb 21, 2024

In California, the Board of Registered Nursing (BRN) sets specific curriculum requirements for nursing programs to ensure that students are adequately prepared for the nursing profession. These requirements are designed to comply with state laws and regulations to maintain high standards of nursing... View More

2 Answers | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the brown act laws?

Where would one find reference to this information?

The brown act and or 10+1 say that you cannot make a student retake a class they have taken. If two separate classes run concurrently, and one is passed and one is failed. The Board of nurses say that both have to be paid for and repeated.

James L. Arrasmith
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answered on Feb 21, 2024

No, the California Board of Registered Nursing's curriculum requirements do not supersede the state's open meeting laws like the Brown Act. These are separate issues governed by different laws.

The Brown Act (California Government Code 54950-54963) governs open meetings for local...
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1 Answer | Asked in Copyright, Education Law and Intellectual Property for Kansas on
Q: are photos saved to a school account on a school device protected by 1st amendment?

.

James L. Arrasmith
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answered on Feb 21, 2024

The First Amendment protects freedom of speech and expression, but its application in specific contexts can vary. When it comes to photos saved to a school account on a school device, the situation may not fall squarely within the realm of First Amendment protection. Schools often have their own... View More

1 Answer | Asked in Education Law, Health Care Law and Personal Injury for California on
Q: My 7 yr old daughter is a type 1 diabetic. Her school has called cps 5x now 2 of the 5 they were found to blame. 3 other

Need this to be stopped I've been harassed and accused of things that aren't true. Someone needs to answer for all they have done. Stress mental anguish of 5 false cps cases w nothing found I have done only school. Cps still takes back to back referrals after 5 investigations. We need legal aid

James L. Arrasmith
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answered on Feb 21, 2024

Given the repeated false reports to Child Protective Services (CPS) regarding your daughter's medical condition, it's crucial to take proactive steps to address this situation legally. You have the right to defend yourself against false accusations and protect your family from harassment... View More

2 Answers | Asked in Civil Rights and Education Law for California on
Q: Does the school district really have to accept the child's unique needs?

Does the school district really have to accept the child's unique needs? Unique needs as wanting a specific preferred mental health provider.

James L. Arrasmith
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answered on Feb 21, 2024

Yes, public school districts in California are required to provide accommodations and services to meet the unique needs of students with disabilities under state and federal law. However, the specifics depend on the details of the student's situation:

- Under the federal Individuals...
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2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

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

Michelle Alissa Ball
Michelle Alissa Ball
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,...
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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

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

Eliza Jasinska
Eliza Jasinska
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...
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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

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

James L. Arrasmith
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answered on Feb 21, 2024

Given the circumstances you described, it's crucial to prioritize your son's well-being and education. In California, every child between the ages of 6 and 18 is required to attend school, and parents or guardians are legally responsible for ensuring their child's regular attendance.... View More

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2 Answers | Asked in Immigration Law and Education Law for California on
Q: While completing FAFSA, it asks about my residence status. I am a refugee with a SSN, how to identify the date?

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

James L. Arrasmith
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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...
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2 Answers | Asked in Education Law for California on
Q: Can you sue a school for causing emotional abuse to a child in special education?
Michelle Alissa Ball
Michelle Alissa Ball
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...
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