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California Education Law Questions & Answers
1 Answer | Asked in Education Law for California on
Q: My daughter currently has a 504 plan, but she needs an IEP instead.

The school performed the assessment as requested, and when they presented the results, they said my daughter

" does not meet qualification criteria under the category of Other Health Impaired" so they put her under a 504 plan. At the time (11/08/21) i knew nothing about... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are attorneys who handle education law. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Education Law for California on
Q: Can parents in California still choose to opt their children out from state testing, even at charter schools?

Our charter school is saying the students “will participate in [the testing]” but isn’t that contrary to California Education Code section 60615?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

Parents have several different options for their children's schooling in California, some of which do not require "state testing." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

3 Answers | Asked in Education Law and Personal Injury for California on
Q: I have a need for legal counsel my 10yr old son has been assaulted at elem school I have been making complaints 2020 no

He’s been touched in private areas now teacher making him feel not worth living has suicidal ideation I asked for help with principal,school police, superintendent and the city mayor and all say my son needs to learn to deal with other people not liking him not any care about his mental state I... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 20, 2022

I am so sorry to hear about your sons sexual assault. That is horrible. It's even worse when it involves a person who is in a position of trust like a teacher. Contact one of the attorneys on this forum for a free consultation. Most of us accept cases throughout the state including Jurupa... Read more »

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 18, 2022

Fairly broad question, but generally, when the Supreme Court (or lower courts within the circuit) decide a case that involves federal law -- such as the United States Constitution -- the court applies it to the state-level as well.

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

This a civics question. The state courts have appellate courts; in CA, the highest state court is the California Supreme Court. State appellate law dictates state law issues (related to the state constitution, statutes, regulations, etc.), unless the United State Supreme Court speaks on a given... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Education Law and Personal Injury for California on
Q: Liability? My neice hit a kid who was bullying a disabled child.

Now the parents are demanding 800$ for insurance deductible to repair broken teeth.. can the school be held responsible for any part?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 12, 2022

Possibly. The school may have breached its duty to deal with the bullying. However, the causation is likely a factor here -- because the attack on the child was not the direct result of the school's possible negligence.

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Need legal advice on disabled child harassed at school by staff and students, as well as staff discrimination

Disabled child was verbally(shouted), physically (minor bruises), emotionally (threatened), psychologically (traumatized/scared), and sexually harassed (forceful inappropriate touch in private area with evil intention to cause harm) by a teacher, and bullied (injured in private area), ridiculed and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 2, 2022

This is not the place for you to get the help you need.

You need a lawyer who is familiar with the needs of students like your child, and knows how to navigate the educational system with regard to the special needs of children like yours.

There are some very good lawyers in your...
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1 Answer | Asked in Education Law and Civil Rights for California on
Q: My public taxpayer funded high school in Carlsbad, California has a dress code that might go against the first amendment

My school’s dress code says “Student clothing must NOT portray, promote, advertise, or glamorize… religious belief, gender, gender orientation…”. If I wanted to wear a shirt that says “A woman is a biological adult female” (which I know is controversial) because it is my belief... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Aug 23, 2022

You ask a really good question.

If you are serious about challenging the school's new dress code, I suggest you discuss the idea with your parents first, and see if they will support you. Don't do anything that goes against your parents' principles. It is always a good idea...
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1 Answer | Asked in Education Law for California on
Q: Can my daughter's school district deny her entry for not going to school during school closures during COVID?

My daughter did not attend school last year due to severe mental health issues. After intensive therapy and rehab she is now ready to go back but her district won't enroll her because she missed the while last year. Can they do that?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Aug 4, 2022

All students in California are mandated to be enrolled in/receive education from ages 6-18 and this education must be provided by the local school district, generally, where they live unless they were suspended or expelled or attend another entity (private school, etc.).

Special education...
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1 Answer | Asked in Personal Injury and Education Law for California on
Q: Can you sue a school for negligence if your child breaks their arm and the school does not notify you?

My child broke her arm at recess. Went to the nurse, was given and ice pack and sent to class. We were not notified of the injury. Once we picked her up we saw she was crying. She told us she fell at school and her arm really hurts. As soon as we saw it we could tell it was swollen. School denies... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 31, 2022

You might have some valid claims but schools have a lot of immunity. If the school not calling you made her injuries much worse then you might have a good case for damages... but if the delay by a few hours didn't make her injuries worse then the "damages" might not be worth... Read more »

1 Answer | Asked in Education Law for California on
Q: iep

The question is with dual diagnose and the school not affording me a proper rep for my iep, what can be done and now they are forcing me to Trauancy hearing before a judge and all this is just retailation from last October aganist school.

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Mar 14, 2022

More information is needed, including WHAT your IEP entails and WHO you believe is not involved that should be included. You should not post any further details publicly, and I recommend you contact a qualified admin. law attorney who can provide you with a Free Consultation to explore your rights,... Read more »

3 Answers | Asked in Bankruptcy and Education Law for California on
Q: Can I go and run on my near by school field after school is over? 7 pm to 10 pm is that allowed?
David Luther Woodward
David Luther Woodward
answered on Jan 25, 2022

Unfortunately, although this is a legal question, I don't have an answer.

But you can find an answer by contact the owner of the school--be it public or private--and request permission. That will be dispositive of the matter

Good Luck

d

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2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 21, 2021

If you are using them consistently you would need a license.

You need to talk to an attorney.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Education Law for California on
Q: Did the recipient of student loans acquired through fraudulent use of my POA break the law?

Quite recently I became aware of my estranged husband using my POA without my knowledge. He opened CC accounts and got my daughter 30K+ in student loans. I have no proof she was aware of its origins, but I believe she knew something because she halted all communication with me at the same time this... Read more »

Jonathon Maddox
Jonathon Maddox
answered on Nov 1, 2021

You don't provide complete details on the POA, and whether it was limited, durable, etc. But assuming the POA was still valid, and that it included the power to open accounts on your behalf, then him being estranged doesn't all of a sudden remove the POA.

He would continue to...
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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 »

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