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California Education Law Questions & Answers
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 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 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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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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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?
James L. Arrasmith
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answered on Feb 21, 2024

Yes, under California law, you can potentially sue a school for causing emotional abuse to a child in special education if there is evidence to support your claim. Emotional abuse can take various forms, including verbal abuse, bullying, neglect, or failure to provide appropriate support and... View More

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2 Answers | Asked in Education Law and Civil Rights for California on
Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 10, 2024

Special education students have tons of rights, and in fact most parents have no idea how powerful their rights are.

They can get free mental health, educational, behavioral, speech, and other services through their local school district if they qualify. Most schools slack, and parents are...
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2 Answers | Asked in Education Law and Civil Rights for California on
Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, students with disabilities have the right to receive a Free Appropriate Public Education (FAPE) that meets their unique needs. This includes access to mental health services when such services are required as part of their individualized education program (IEP) or 504 Plan.... View More

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1 Answer | Asked in Education Law for California on
Q: Can educators withhold recesses & use exercise as punishment?

My 10 year old was looking for a band aid in the classroom and saw a pencil grip. He took one from his teacher’s cupboard while in her absence. She returned back to school and was furious at him and withheld all his recesses made him do laps and had him clean up garbage around lunch tables... View More

James L. Arrasmith
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answered on Feb 4, 2024

Under California law, the use of physical exercise as a form of punishment by educators is generally discouraged and, in many cases, considered inappropriate. Withholding recess as a disciplinary action is a contentious issue, with guidelines suggesting that recess should not be withheld for... View More

2 Answers | Asked in Education Law for California on
Q: I am a teacher and parent informed me that a instructional assistant in classroom was talking so their child couldn't

focus. They wanted someone administration to speak to instructional assistant but parent wanted to remain anonymous and their identity kept confidential. Does teacher have to reveal parent's name to admin?

T. Augustus Claus
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answered on Feb 1, 2024

In California, teachers are typically not required to reveal the identity of a parent who wishes to remain anonymous when reporting concerns about classroom dynamics to administration. Maintaining confidentiality is an important aspect of building trust between educators and parents, and it is... View More

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2 Answers | Asked in Education Law for California on
Q: I am a teacher and parent informed me that a instructional assistant in classroom was talking so their child couldn't

focus. They wanted someone administration to speak to instructional assistant but parent wanted to remain anonymous and their identity kept confidential. Does teacher have to reveal parent's name to admin?

James L. Arrasmith
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answered on Feb 1, 2024

Under California law, you, as a teacher, are not required to disclose the parent's name to the administration when raising concerns about an instructional assistant's behavior impacting a student's ability to focus. When bringing this issue to the attention of your school's... View More

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3 Answers | Asked in Education Law and Civil Rights for California on
Q: Do school principles have a right to suspend students for advocating for themselves?

My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More

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answered on Jan 29, 2024

In California, school principals do have the authority to suspend students, but this power is governed by specific rules and regulations. The California Education Code outlines the reasons for which a student can be suspended. Generally, these reasons include acts that pose a threat to the safety... View More

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3 Answers | Asked in Education Law and Civil Rights for California on
Q: Do school principles have a right to suspend students for advocating for themselves?

My child was advocating the story is a student in my child's classroom was being very spiteful and aggressive towards my child and at the end of the day my child went to go talk to the parent and the parent got angry and aggressive and then I receive a phone call from the school principal and... View More

T. Augustus Claus
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answered on Jan 29, 2024

In California, school principals have the authority to suspend students, but this power is subject to certain legal constraints, especially concerning students' rights to advocate for themselves. If your child was suspended solely for peacefully advocating for themselves in response to another... View More

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