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California Education Law Questions & Answers
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
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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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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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

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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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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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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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

Neil Pedersen
Neil Pedersen
answered on May 3, 2024

Video surveillance by an employer of employees in the workplace is not unlawful. That would be unlawful only if the video is taken in inherently private areas like dressing rooms or bathrooms.

Audio surveillance is lawful if the employees are made aware that a recording is occurring....
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5 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
Joel Gary Selik
Joel Gary Selik
answered on May 2, 2024

If the police can track down the assaulters, you can sue them and make a claim against their parents, if minors, and potentially the homeowner's insurance.

There may be others liable, such as the school, if they took actions or failed to take actions that would be considered...
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5 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
James L. Arrasmith
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answered on May 2, 2024

I'm so sorry to hear that your son was assaulted at school. That must be very upsetting for your family. Under California law, you have a few potential legal options to consider:

1. File a police report. Since this was a physical assault that caused injury, it may constitute a criminal...
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5 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 2, 2024

Regarding the school site and protections in the future: you can try to work with the school on determining who the kids could be, to get this addressed and ensure this does not happen again to your son. The school may pursue suspension or expulsion of the offenders if they can be identified.... View More

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5 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
John Rajaee
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answered on May 8, 2024

I'm sorry to hear about your son's situation. In California, you have several legal avenues you might consider:

1) Criminal Charges: Since the incident involved physical violence, you can report it to the police. They can investigate and potentially charge the perpetrators with...
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2 Answers | Asked in Education Law for California on
Q: I have a problem with bullying, and the school admins have done nothing. How can I get the admins to do something?

I have had this bullying problem for years and the school administrators have done little to nothing to help. I did some research on the California ed code section 48900 and have identified a lot of what has happened to me as bullying as defined there. I am planning on taking all this as evidence,... View More

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear about the bullying you've been experiencing and the lack of action from your school administrators. It's important to advocate for yourself and ensure that your rights are protected under California law. Here are some steps you can take:

1. Document...
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2 Answers | Asked in Education Law for California on
Q: I have a problem with bullying, and the school admins have done nothing. How can I get the admins to do something?

I have had this bullying problem for years and the school administrators have done little to nothing to help. I did some research on the California ed code section 48900 and have identified a lot of what has happened to me as bullying as defined there. I am planning on taking all this as evidence,... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 26, 2024

California schools are legally mandated to address bullying. They cannot ignore it, although what they choose to do is up to them. Provide documentation of all the bullying, bullying reports, etc. to them and politely tell them they need to address it. If they continue to ignore your requests,... View More

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1 Answer | Asked in Contracts, Civil Litigation, Education Law and Employment Discrimination for California on
Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.

A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More

James L. Arrasmith
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answered on Apr 22, 2024

Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:

1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when...
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