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California Education Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Education Law for California on
Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?

The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its... Read more »

1 Answer | Asked in Education Law and Sexual Harassment for California on
Q: What is the statue of limitations on reporting a school for violating the students fourth amendment law by strip search

they strip searched me down to only my underwear. they made me take my bra off. i am female.

William John Light
William John Light answered on Oct 29, 2019

6 months to file a Tort Claim, before a lawsuit is filed, for claims based on state law. Two years for claims based on federal law, and potentially extended until your 20th birthday.

1 Answer | Asked in Civil Rights, Education Law and Sexual Harassment for California on
Q: My school professor discriminated against me but the dean in charge of the investigation closed the case. What can I do?

During the semester, the professor denied multiple verified disability related academic accommodations.

Louis George Fazzi
Louis George Fazzi answered on Jul 15, 2019

First of all, provide sufficient details to permit a reasoned analysis of your situation. Conclusory statements are unhelpful. Facts and details are most important, but nothing is more important than a chronological statement of who did what, to whom, when, where and how.

1 Answer | Asked in Employment Law and Education Law for California on
Q: I am a PE teacher for 3 schools, can I sue the district for making me switch schools during maternity leave?

I was told that I would have a guaranteed spot back at the schools I taught at after my maternity leave was over. According to the district, due to "declining enrollment" they had to move some teachers around to teach at different schools for the following school year. They are giving me entirely... Read more »

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 6, 2019

No, you do not have a viable claim. They have accommodated your maternity leave and have alternative employment available for you to work when you return. Why would you want to sue the school district, and what damages would you claim? Emotional Distress for providing suitable alternative... Read more »

1 Answer | Asked in Civil Rights, Domestic Violence, Education Law and Sexual Harassment for California on
Q: how to get justice

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Dale S. Gribow
Dale S. Gribow answered on May 23, 2019

more info needed.

it does not sound illegal.

what is the basis of your objection?

if you felt something was wrong then report it to the teacher, counselor or principle

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can I use a recorded conversation as evidence against a school and school district?

I recently had a meeting with the principal and superintendent of my sons school regarding targeted, segregated, bullied, harassed, stalked, discriminated against and illegally searches my son has received several times by a female staff member. I brought a witness to this meeting who wanted to... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 4, 2019

You should immediately see a lawyer competent to handle school district and issues like yours, and place the recordings (or copies thereof) into the hands of the attorney for safekeeping until she can determine what to do with them. But do not relinquish control over the originals in your... Read more »

1 Answer | Asked in Employment Law and Education Law for California on
Q: Can I be fired for a student claiming I pushed him?

The student actually pushed me. I had to hold him to restrain him. student feel when trying to bump me. I tried to help him up. adults saw the incident and saw the student was trying to attack, and one saw him act like he was being pushed when he wasn’t. Cops investigated and stated there was no... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 8, 2019

Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union... Read more »

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Q: What options do I have to get The College Board to honor a legal name change for student records?

I am aware of FERPA, and that their protections generally apply to College Board records. I also know that I can't sue, only file a complaint with the Dept of Education, under FERPA. Is there any other legal option available to me? They are claiming student records more than 4 years old cannot be... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 29, 2019

Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not... Read more »

1 Answer | Asked in Education Law for California on
Q: GOOD AFTERNOON IS THERE A SPECIFIC LAW FOR A PERSON HAS A RIGHT TO A FAIR EDUCATION ???
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

An education attorney is what you may need. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

California Teacher Commission allows 1-year from registration to complete CSET. However, people with disabilities who request test accommodations must wait 1-3 weeks after registration for accommodation authorization and are not allotted additional time to make up for time lost during authorization... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 14, 2019

The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation... Read more »

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 14, 2019

Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under... Read more »

1 Answer | Asked in Education Law, Employment Discrimination and Probate for California on
Q: Do I need to report minor misdemeanors dismisses via court plea and petition for dismissal to CTC in COC application?

I am applying for a Certificate of Clearance ( a.k.a COC)through the California Teaching Comission, to start working towards a teaching credential. In their online application for the COC, I am asked to report any criminal history, even misdemeanors that have been dismissed. They also ask to... Read more »

Richard Samuel Price
Richard Samuel Price answered on Jan 7, 2019

Give complete and truthful answers to all questions.

1 Answer | Asked in Education Law for California on
Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 27, 2018

The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/

More details are necessary to...
Read more »

1 Answer | Asked in Education Law for California on
Q: Can full time teachers open their own companies while teaching in public schools?

This refers to the laws in the state of California. While teaching in public schools, can a teacher own a side business such as a language school, after-school program, child care facility, or tutoring academy?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 27, 2018

I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... Read more »

2 Answers | Asked in Education Law for California on
Q: broke her arm while at school on the play ground

broke her arm while at school on the play ground i was notified via phone by the principle that my daughter fell off the monkey bar and hurt herself that ice packs were given and she back in class however my baby sitters husband picked my daughter from school today and noticed my daughter in alot... Read more »

Donald Arthur Hilland
Donald Arthur Hilland answered on Dec 23, 2018

I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for California on
Q: Do I have ANY legal right against the California Administrative Code Title 17, 6020?

My child has a 3.8 GPA and is a model student. I have refused to vaccinate her due to my beliefs against the vaccinations until this year. The district is forcing me to vaccinate my 14yr old and will not allow her to attend school until I show proof that she has recvd. the vaccinations. She is... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 8, 2018

Unless you can prove, through a medical doctor, that your child has a bona fide medical reason not to be vaccinated, you have no legal right to refuse to have your child inoculated. It is state law because everyone needs to be vaccinated in order to protect every child. There are no other legal... Read more »

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for California on
Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.

My daughter was choked twice and sexually harassed by a student in her class, 1st grade. I met with the district once and nothing was resolved. I have been keeping my child home because I am so concerned with her safety at that school. The school can not tell me when that boy will be back at... Read more »

Angelina Bradley
Angelina Bradley answered on Oct 20, 2018

You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.

Do a search for “Title IX attorney San Francisco” and that should be a good place to start.

I’m sorry this is happening to you daughter....
Read more »

1 Answer | Asked in Education Law for California on
Q: Can my child refuse to attend school due to saftey concerns?

They have explained multiple times to the principal that they do not feel safe and commit continue attending classes. She asked for a possible transfer into independent study or to be able to do class work in the library but they have refused. Can we get into legal trouble if I allow her to stay... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2018

i would contact the school board/superintendent of schools for where you live.

1 Answer | Asked in Criminal Law and Education Law for California on
Q: Can you hit a camera out of your face if someone is recording you?
Dale S. Gribow
Dale S. Gribow answered on Aug 26, 2018

need more info

the bottom line is you can not take the law into your own hands.

if you hit camera it could be a battery.

if someone is recording you walk away.

same if someone is filming you

1 Answer | Asked in Criminal Law and Education Law for California on
Q: This Individual committed a fraud and we a group of 7 got a judgment, would like to file a criminal case and more.

Also would like to know our limitations, also a gov. agency connected to this case negligence on thier part cause us financial problems till now. Our current lawyer is not following up on our case...which we understand collection is not their line. We want an aggressive lawyer to present us again... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 16, 2018

more info needed

I have a hunch your lawyer is handling this on a contingency????

most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?

if so I will try to refer you once you get all the info organized.

if you are suing a...
Read more »

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