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California Education Law Questions & Answers
2 Answers | Asked in Education Law, Personal Injury and Civil Rights for California on
Q: Help with safety and metal health at elementary school in San Jose CA

My son is 7 and is undergoing testing in school for disabilities and by his main pediatrician. He's been acting up at school more and more and he told me kids have been bullying him and hitting him and calling him names every day. During lunch time on Thursday I went to check up on him and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 10, 2021

You need an advocate for your son. There are lawyers who concentrate on education issues, especially for children like your son. Do your search in and around the bay area, where you live, and you will find those special attorneys who devote themselves to helping parents like you. They are out... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Education Law for California on
Q: My daughter was on the bus in morning modesto city schools when a group of girls jumped her well she got expelled

The other girl pushed first and it was a group of girls beating my daughter me and my older daughter arrived and got on the bus to get my daughter when the other girl attacked my older daughter and in self defense she fought back i yelked to ither girl get off her so she didnt listen so i told my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2021

more info is needed.

are you just looking to deal with the Expulsion?

did you request a hearing or has there been one?

in other words, what are you looking for?

1 Answer | Asked in Education Law for California on
Q: Hi can a school pusish you if jaywalk in front of them off campus
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Yes. You are under the protection/control of the school until you return home.

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can a school district in California require students with disabilities to wear a face mask to attend school?

Can a school district require students with disabilities to wear a face mask to attend school? Even with a doctors note stating they can not wear a mask due to their health/disability? What about for bus transportation? Can the school tell the student they can not ride the school bus if they... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 29, 2021

This is a complex issue. There are a number of variables which haven't been addressed, such as the age of the student; whether the student can be or has been vaccinated against Covid19; and what exactly is the nature of the student's disability. Without knowing what these variables are,... Read more »

1 Answer | Asked in Education Law for California on
Q: Are there ever exceptions to EDC 49066? does a teacher always have to be present in all discussion relating to the grade

A teacher has displayed incompetence as well as a multitude of inappropriate attitudes such as intimidation. Does this teacher have to be included in all discussions relating to the changing of the grade? Are there scenarios where this doesn't apply? Can the teacher be included in the... Read more »

David German
David German answered on May 29, 2021

Although a teacher must be given an opportunity to offer comment and evidence in support of their grade, the actual grade appeal process often proceeds completely through written submissions. It isn't necessarily the case that you will have to present your side of the story in a face-to-face... Read more »

1 Answer | Asked in Education Law for California on
Q: Do school districts ever pay for PHP or IOP programs for students with an IEP under the emotional disturbance category?

My child is coming home from 8 months of residential care. A PHP or IOP is being recommended as transitional care.

Kimberly Winslow
Kimberly Winslow answered on Mar 17, 2021

School districts are required to provide students on IEPs a free appropriate public education. You would have the burden of proving that your child requires the PHP or IOP in order to access his/her education.

1 Answer | Asked in Education Law and Sexual Harassment for California on
Q: Can public/private schools/colleges require only girls o wear sandals as part of dress code rather than all students?
Neil Pedersen
Neil Pedersen answered on Mar 9, 2021

Are you doing a homework assignment, or just curious about dress code laws? You have asked perhaps 8 questions all about various aspects of an employer's or school's right to enforce certain dress codes. The diversity of the factual bases for your questions suggest this is not about a... Read more »

1 Answer | Asked in Education Law for California on
Q: Educational Rights holder under IDEA times of issue 2016-2020 client turned 18 after graduation. parent or child?
Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

In MA, it would be the child unless parents have guardianship. The statute of limitations under IDEA is only 2 years, so depending on the facts (including when you knew or should've known there was an IDEA violation) you may only be able to go back to 2018. I would highly recommend... Read more »

1 Answer | Asked in Education Law for California on
Q: Do I/others have any legal recourse for not receiving a valid high school diploma from attending a private high school?

I attended a private Christian High School in California between the years 2006 and 2008, a few years later I learned that those who attended that high school did not receive valid high school diplomas in the state of California. Two people that attended this school confirmed that they had to go... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Possibly. It depends on what the school represented its status was while you were attending. If it said you were going to receive a valid HS diploma, this would be fraud. You could be entitled to a refund of tuition or the cost of obtaining a GED.

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1 Answer | Asked in Education Law for California on
Q: What if my son was misdiagnosed at school?

My son was misdiagnosed with supposed symptoms of COVID-19™. The district nurse said my son complained of a headache after running around with a mask on. A different student in her care complained about a sore throat.

The nurse crossed out 'bad headache' took my son's... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

With schools just starting to re-open and pressures on districts from Parents regarding both health concerns for safety and getting the students back in school, the schools are going to be over cautious to be sure that any student with even a hint of a symptom is thoroughly vetted. If you think... Read more »

1 Answer | Asked in Constitutional Law and Education Law for California on
Q: Can a first grade teacher show a video highlighting one particular religion? Don't all materials shown need approval?

Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Interesting question. Answer: It depends on how the teacher presents the discussion about the religion, and there is no limit on what students can talk about among themselves. If the teacher's presentation is for the purpose of discussing a different type of religion, or sensitizing students... Read more »

1 Answer | Asked in Education Law and Employment Law for California on
Q: Do Minor work permits change because of online schooling? Can we work more than 4 hours on a week day?

Since schools have been moved to online and we are not physically going to school, can a 17 year old work more than 4 hours on a Monday? My boss doesn't know for sure but my school did provide a new work permit providing new hours, but my boss would like to make sure its legal before he takes... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 9, 2020

There have been no changes to the laws related to minors working that have come about as a result of the Covid situation. Therefore, the same limitation on the number of hours a minor can work apply now as before.

Your boss needs to get specific, confidential advice from his attorney, not...
Read more »

1 Answer | Asked in Education Law, Civil Litigation and Juvenile Law for California on
Q: Would one be able to "punish" a school or staff for compensation for the racial discrimination of students/theft?

In a specific situation, a friend of mine who's finally said something about what they had to endure in their seventh grade year. This was about two years ago. What had happened was that their bag which contained their Hmong cultural clothes and very clearly had her name on it was stolen by... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

First, the person who was wronged needs to post for themselves, otherwise this is just an "I am curious" posting. Claims against public agencies are subject to a requirement for the presentation of an administrative claim usually within 180 days, of injury. Since this happened two years... Read more »

1 Answer | Asked in Education Law for California on
Q: Can I do anything about my school not refunding or not providing services

Hi, I’m just wondering recently I’ve been going to a technical school and we had to complete certain things in the class to get our certification but since covid happend the school was forced to close and we weren’t able too, and when I had talked to the counselor about it even though I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Read your contract. Take it to an attorney specializing in Education Law or Business Law and have him review it as to your rights. If you are not satisfied, file in Small Claims Court. This is essentially a breach of contract, you may be able to get your money back, it depends what the contract... Read more »

1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

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1 Answer | Asked in Education Law, Small Claims, Family Law and Child Support for California on
Q: How do I let my school know I got kicked out of my house at 14 and I don't live there anymore?
Chris M. Bradford
Chris M. Bradford answered on Jul 12, 2020

Go to the administration building of the school and tell them. If you have guardianship over you, tell the school about that too.

1 Answer | Asked in Education Law for California on
Q: Is a private flight University in California suppose to inform the students if there are any covid cases in the school?

As many student are concern here is that we know in our part 141 flight school is qurentining the student that have it might have the COVID19 in their room but no information are given out to the other healthy student so that we can be more aware ourself.

Myself and few other student are... Read more »

Raul Jauregui
Raul Jauregui answered on Jul 4, 2020

We considered something similar to that issue some time ago in this post which might guide your research. https://www.studentmisconduct.com/news/what-happens-if-i-tell-my-school-that-i-tested-positive-for-coronavirus-or-covid-19

1 Answer | Asked in Education Law for California on
Q: Is using a telephone voicemail message as an evidence is legal in CA!!

I am using this for educational matter. A professor left me a telephone voicemail message. Then have dismissed me. I am currently writing an appeal and wondering if I can using and voicemail as an evidence

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

I am not aware of any prohibition against using the voicemail message as evidence. Wiretap recordings are prohibited because they are made without the knowledge of at least one party to the conversation, but a voicemail is deliberately and knowingly left on a recording device. It is the same as if... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a school district in California make you live stream your lessons to provide access to online learning students?
Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

It depends, on the terms of your contract and the CBA or MOU with the teacher's union for the district. So much more information is needed that it is not possible to provide a more definitive answer. As a member of the teacher's union, you can file a grievance if you believe the... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a private elementary school require us to sign a release before our eight year old son returns in the fall?
Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

It depends on the language of the proposed release. You should contact a contracts or School Law attorney in your local area for a full consultation.

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