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3 Answers | Asked in Communications Law and Education Law for California on
Q: Can a student be autistic and still seem to communicate and have friends?
James L. Arrasmith
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answered on Apr 7, 2024

Yes, under California law, as well as under broader educational and medical understanding, students with autism can absolutely engage in effective communication and form meaningful friendships. Autism Spectrum Disorder (ASD) encompasses a wide range of conditions characterized by challenges with... View More

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2 Answers | Asked in Contracts, Constitutional Law and Education Law for Colorado on
Q: What happens if a elected school board official doesn’t take the oath of office in time?

A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code

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answered on Apr 5, 2024

If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More

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3 Answers | Asked in Criminal Law, Civil Rights, Education Law and Legal Malpractice for California on
Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?

The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.

They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you've provided, there are a few potential legal issues at play:

1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the...
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1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2024

What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More

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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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1 Answer | Asked in Education Law for California on
Q: can i get tuition back from a bad school?

School is terribly managed and most of the teachers were not qualified. Tuition charge was doubled compared to some of the other kids.

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answered on Mar 29, 2024

Under California law, if you find that your school is poorly managed and the quality of education is not up to standard, you may have grounds to seek a refund of your tuition. This can include situations where the school has misrepresented its services or if the educators are not qualified as... View More

2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

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answered on Mar 28, 2024

Under U.S. law, specifically the Individuals with Disabilities Education Act (IDEA), students with disabilities, including those diagnosed with Emotional Disturbance and placed in special education programs, are entitled to receive a Free Appropriate Public Education (FAPE). This means that they... View More

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2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Generally they should not be excluded. The school ought to make reasonable accommodations so the student may participate in the full range of activities along with the typical peers. Make sure you include language like this in written communication with the school and ask what accommodations they... View More

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1 Answer | Asked in Civil Rights, Personal Injury and Education Law for California on
Q: Long-term guest, UCSB, CAC grant equal to affiliated, need full access hours to library, disability ADA.

Help provided by UCSB Disabled Students office -extended library computer by 2 hours daily, Social Service-free bus passes 250 rides, library printing-free copies-unlimited, and theater office-free tickets. This shows belonging here. Guest researching and writing under a CA ARts Council grant, was... View More

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answered on Mar 26, 2024

Under California law, if you are experiencing disability-related issues, you have the right to reasonable accommodations that align with your specific needs. This includes modifications or adjustments to ensure equal access and opportunity within educational institutions like UCSB. The Disabled... View More

1 Answer | Asked in Civil Litigation and Education Law for California on
Q: Which law or education code permits a school’s attorney to share my private information to threaten & intimidate me?

Upon my research, I found that the FERPA Act may be in violation because it doesn’t meet the exceptions, not sure if any other privacy and confidentiality laws have been infringed upon. I don’t have legal representation, nor did I state I would sue them. There is no criminal investigation nor a... View More

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're concerned about the potential misuse of your private information by a school's attorney. Under the Family Educational Rights and Privacy Act (FERPA), schools are generally forbidden from disclosing personally identifiable information from students' education... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New Jersey on
Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

James L. Arrasmith
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answered on Mar 23, 2024

If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to... View More

1 Answer | Asked in Education Law and Contracts for California on
Q: If a coach purchased equipment for a high school program and then resigned, do they have property rights?

The items were purchased using a non-school affiliated club organization, and it is unclear who is a part of it and or who runs it.

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answered on Mar 22, 2024

In California, the ownership of equipment purchased for a high school program, even through a non-school club, can be complex and depends on the specifics of the purchase and agreements made at the time. If the coach purchased equipment with funds from a non-school affiliated club specifically for... View More

2 Answers | Asked in Education Law and Landlord - Tenant for Ohio on
Q: Excessively Large Timeframe for Maintenance

I am living in university housing at a private institution in Ohio, where we received this notice: "The [university's] lock shop will be performing preventative maintenance on the apartment entry door hardware between 3/25/24 and 4/19/24. The tech will knock and let anyone home know he... View More

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answered on Mar 26, 2024

In Ohio, landlords are generally required to give tenants at least 24 hours notice before entering the premises for maintenance, inspections, or other standard reasons. However, your situation, where a 25-day window has been given without specific dates or times, isn't directly addressed in... View More

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2 Answers | Asked in Education Law and Landlord - Tenant for Ohio on
Q: Excessively Large Timeframe for Maintenance

I am living in university housing at a private institution in Ohio, where we received this notice: "The [university's] lock shop will be performing preventative maintenance on the apartment entry door hardware between 3/25/24 and 4/19/24. The tech will knock and let anyone home know he... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 21, 2024

There is nothing in the Ohio landlord tenant statute that speaks specifically to this. There may be case law that defines exactly what reasonable notice is but typically that would focus on the definition of "emergency". What you have described seems like a good faith effort on the part... View More

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2 Answers | Asked in Education Law, Intellectual Property and Copyright for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

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answered on Mar 22, 2024

In the realm of academic research and historical documentation, access to archives can indeed be crucial. However, the legal right to access such materials depends on a variety of factors, including copyright law, the intentions of the decedent, and any existing agreements or policies established... View More

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2 Answers | Asked in Civil Rights, Education Law and Juvenile Law for Illinois on
Q: What can I do to protect my child if a boy keeps emotionally & mentally bullying her and its a private school?

Boy is an immigrant that is a classmate that has slapped my child in the face and keeps bothering my child. I spoken to the principal several time as well as the teacher but nothing has been done about it. Boy doesn't speak any English.

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answered on Mar 20, 2024

If your child is being bullied, your priority is her well-being and safety. Since you have already spoken to the principal and teacher without resolution, consider writing a formal complaint detailing all incidents and previous communications. Ensure that this is submitted to the school's... View More

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1 Answer | Asked in Employment Law and Education Law for California on
Q: Is a teacher facing a layoff allowed to organize students to protest their layoff?

Public high school. Two teachers and another worker here are losing their jobs at this school--we assume they've been chosen because of a lack of seniority/tenure--and want to stay here, but we don't know if they can organize or if others need to organize on their behalf.

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answered on Mar 19, 2024

Public employees, including teachers, do have the right to free speech and to engage in protest activities. However, when involving students in matters such as protests, especially if they are minors, teachers must exercise caution to ensure they are not violating district policies or exploiting... View More

1 Answer | Asked in Immigration Law and Education Law on
Q: Almost 8months and haven't received a welcome letter from nvc... What could be done?
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answered on Mar 18, 2024

If you haven't received a welcome letter from the National Visa Center (NVC) after eight months, there are several steps you could take. First, ensure your contact information is up-to-date and correct. Mistakes in your address or email could lead to missed communications. Then, you could... View More

1 Answer | Asked in Education Law for California on
Q: U C. CA University system doesn't permit second undergrad degrees, is that illegal? Also older, disabled concerns.

This blocks one from UCSB College of Creative studies, which works best for my disabled learning style, as they are only for undergrad degrees. Also why can't I change majors, and get an undergrad degree, graduate degree should not be required.

James L. Arrasmith
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answered on Mar 17, 2024

Under California law, universities have the autonomy to set their own policies regarding admissions and degree programs. This includes the decision whether to allow individuals to pursue a second undergraduate degree. The University of California (UC) system, for instance, has policies in place... View More

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