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California Education Law Questions & Answers
2 Answers | Asked in Education Law for California on
Q: California-Is there a minimum time I need to notify the school district before the expulsion hearing to contest it?

In California, my child's school wants to expel him and has set up a hearing. The school is saying we need to give them five business days prior to the hearing that we need to inform them we will be there and contesting the finding. This information is not in the expulsion packet or the... View More

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

Although that is not a requirement of the Education Code, Districts sometimes may clarify their own local requirements. It is often best just to notify them, if possible, if that is their local policy. However, theoretically there could be an argument on appeal based on the Education Code... View More

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2 Answers | Asked in Education Law for California on
Q: If a student with an IEP does not meet the minimum requirements to earn a high school diploma can they stay beyond 18

The student didn’t graduate. Can he stay a 5th year or even longer to earn his diploma?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 22, 2024

Hello:

Even if a high school student earns a "certificate of achievement" they can continue working toward their high school diploma. Where they attend and what services they get will depend on the school district and their individualized IEP.

Many districts shuffle...
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2 Answers | Asked in Civil Litigation, Civil Rights and Education Law for California on
Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?

I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 12, 2024

CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have... View More

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1 Answer | Asked in Contracts and Education Law for California on
Q: Seeking to get out of financially binding contracts with an online bootcamp and need help with what kind of attorney.

I enrolled at BloomTech in January 2023, committing to a $35k tuition deferment plan, paying only after securing a job. Despite completing 50% of the web development course, the support drastically reduced due to layoffs. Career coaches and learning assistants were replaced by ChatGPT suggestions,... View More

James L. Arrasmith
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answered on Jul 23, 2024

To address your situation with BloomTech and the financially binding contract, you should consider consulting an attorney who handles consumer protection or contract law. These legal professionals can help you understand your rights and explore options for exiting the agreement based on the... View More

2 Answers | Asked in Family Law, Education Law and Civil Rights for California on
Q: Hi, Im trying to hire an attorney for a Cross Complaint Case that is made against me and my family

My son was in an altercation at school with a student that was calling my son racial slurs. My son lost his temper and him and the boy got into a fight. The boy family is taking the school and me and family to court claiming my son attacked the boy. The boy continued to call my son racial slurs... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Seek legal representation: It's crucial to find an attorney who specializes in both family law and civil litigation, preferably with experience in cases involving minors and school-related...
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2 Answers | Asked in Juvenile Law and Education Law for California on
Q: Are high schools responsible to notify the parents of a juvenile about reported abuse by a teacher? what law is it?
James L. Arrasmith
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answered on Jul 1, 2024

To answer this question accurately, we need to consider California's mandated reporting laws and school policies regarding child abuse. Here's a breakdown of the key points:

1. Mandated Reporting:

In California, teachers and other school employees are mandated reporters...
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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More

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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2024

Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More

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1 Answer | Asked in Education Law for California on
Q: Is there someone out there who knows education law well enough to take on a case for unjust expulsion?

I was unjustly expelled from my college and was not given the due process I was legally owed prior to their decision to expel me. This case is complicated and I have full records to prove that the institution was at fault for their part in how my education turned south. I am desperately seeking... View More

James L. Arrasmith
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answered on Jun 3, 2024

It sounds like you're in a very difficult situation with your college expulsion. Under California law, students are entitled to due process before being expelled, which means you should have been given notice of the charges against you and an opportunity to defend yourself. If these procedures... View More

2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

James L. Arrasmith
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answered on May 31, 2024

As an at-will employee in California, your employer is generally required to provide paid sick leave (PSL). Under California law, employees are entitled to accrue at least one hour of PSL for every 30 hours worked, up to a minimum of 24 hours or three days per year. If you've met the... View More

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2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

"PSL"? You mean personal sick leave? These are for full time employees, including at will employees. My experience is that a substitute teacher is not a full time employee of a school district, they are hired to work assignments and I believe your agreement with the district will spell... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
James L. Arrasmith
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answered on May 29, 2024

Yes, if your child has an intellectual disability, it should be mentioned during the IEP (Individualized Education Program) meeting. The purpose of the IEP meeting is to develop a comprehensive plan that addresses all of your child's educational needs. Mentioning all disabilities, including... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 29, 2024

To qualify for an IEP, the student has to have a qualifying category of impairment. This could be Autism or other category. Does an IEP team have a legal obligation to speak certain words at an IEP specifically? The disabilities and needs of the student guide the development of the document, but... View More

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1 Answer | Asked in Civil Rights and Education Law for California on
Q: If my child has a iep should the iep team also mention my child also having a intellecual disability at the iep meetings

The first time i remember hearing my child has an intellecual disability was over 7 years ago since then it has never been mention again but yet its writen in her iep when i asked the teacher about why was this never talked about before she said cause parents some times can't handle hear stuff... View More

James L. Arrasmith
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answered on May 29, 2024

Under California law, if a student has an Individualized Education Program (IEP), the IEP team should discuss all relevant information about the student's disabilities, including any intellectual disabilities, during the IEP meetings. The purpose of an IEP meeting is to comprehensively review... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Is it legal to live monitor a security camera in the outdoor areas of a school?
James L. Arrasmith
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answered on May 21, 2024

Under California law, it is generally legal for schools to use live monitoring of security cameras in outdoor areas of the school property, subject to certain guidelines and restrictions:

1. Notice: Schools must provide clear notice to students, staff, and visitors that the area is under...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: "May I use this letter, or should I not? This is merely an example since I am limited to using only 1000 characters.

Dear [Auto Loan Company], I am writing to address several concerns regarding my auto loan. Firstly, I need an explanation for the fees associated with early or additional payments. Despite a $7,000 down payment, my principal has not decreased as expected. When I signed the contract, I was assured... View More

James L. Arrasmith
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answered on May 18, 2024

Based on California law, you can use this letter to address your concerns with your auto loan company. The letter raises several legitimate issues that you have the right to inquire about and request clarification on:

1. Fees associated with early or additional payments - California law...
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2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 15, 2024

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

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2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

James L. Arrasmith
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answered on May 15, 2024

In California, there are several laws and regulations that protect students' privacy rights. While school officials have some authority to investigate suspected cheating, their actions must be reasonable and respect students' rights.

1. California Education Code 49073.6 limits the...
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1 Answer | Asked in Education Law for California on
Q: Are jumping jacks an acceptable form of punishment from a daycare?

My autistic child is in a before and afterschool daycare that is in conjunction with the school. Apparently her backpack was left out of her cubby on the floor and was moved to different room. Upon retrieving her backpack from other room, she was forced to do 20 jumping jacks. We live in California... View More

James L. Arrasmith
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answered on May 9, 2024

In California, it is generally unlawful for schools and childcare facilities to use physical activity as a form of punishment. This is covered under California Education Code Section 49001, which states:

"(a) For the purposes of this section, 'corporal punishment' means the...
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2 Answers | Asked in Employment Law and Education Law for California on
Q: Can a school district covertly record you to let you go?

So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More

James L. Arrasmith
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answered on May 2, 2024

In California, it is generally illegal to record a person without their consent, according to California Penal Code Section 632. This law applies to confidential communications, which include conversations where there is a reasonable expectation of privacy.

However, in the context of a...
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