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1 Answer | Asked in Civil Rights and Education Law for California on
Q: Does school administrators have a right to change a special education student's safety plan?

What I'm asking is if school administrators have a right to change a special education student's safety plan like for an example let's say the student's safety plan has a school psychologist on it and the School administrators take that school psychologist away from that student... View More

James L. Arrasmith
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answered on Jan 20, 2024

In California, any changes to a special education student's safety plan, which is part of their Individualized Education Program (IEP), typically require a team decision. This team usually includes the student's parents, teachers, and relevant school staff. School administrators do have... View More

1 Answer | Asked in Education Law for California on
Q: If a student is in special education and has a IEP can parents request for a specific School psychologist to attend.

If a student is in special education and has a IEP can parents request for a specific School psychologist to attend the IEP meetings even if the specific school psychologist isn't working with that student anymore but has great knowledge about that student?

James L. Arrasmith
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answered on Jan 19, 2024

Under California law, parents of a student with an Individualized Education Program (IEP) do have some rights regarding team member participation in IEP meetings. The law recognizes the importance of having knowledgeable individuals present who understand the student's needs.

You can...
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1 Answer | Asked in Education Law, Juvenile Law and Native American Law for Oklahoma on
Q: What happens if a child is 5 years of age and still is not talking, or potty trained and his doctors have not found any

Any reason for him to not be talking and developing like a normal child

James L. Arrasmith
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answered on Jan 19, 2024

If a 5-year-old is not talking or potty trained and there is no clear medical reason, it warrants further evaluation and support. Some key points:

• Most children say their first words by 12 months and are putting 2-3 words together by age 2. By 5, they typically have a vocabulary of...
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1 Answer | Asked in Cannabis & Marijuana Law, Education Law and Employment Law for California on
Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?
James L. Arrasmith
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answered on Jan 18, 2024

In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.... View More

1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Can a math teacher who voluntarily transferred from one school to another school for an open math position who was force

Can a math teacher who voluntarily transferred from one school to another school for an open math position who was forced to teach a science class without their consent be subsequently forced to accept a (science instruction predicated)personal improvement plan (PIP) also known as a personal... View More

T. Augustus Claus
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answered on Jan 16, 2024

It depends on the specific details of the teacher's employment contract, school policies, and state regulations. Generally, teachers are expected to fulfill the responsibilities outlined in their contracts, but if there are significant deviations from the agreed-upon terms, it may raise legal... View More

1 Answer | Asked in Education Law and Family Law for Ohio on
Q: can I move out at 18, I live in Ohio and I'm still in school, I'm looking for a job and I have another place to live

I have a therapist and after going for a few months I told her I wanted to move out at 18 to live with my grandma. I'm looking for a new job and have my own means of transportation, I plan to help with bills, and my grades are good. but I won't graduate for another 4 months and my mother... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 16, 2024

Yes, but while you are still in High school and living at home, your parents are responsible for your reasonable care, accommodation, and feeding. If you move out, you will relieve them of those responsibilities and they won't have to take you back if it turns out you can't cut it on your... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Can special education students have a specific preferred school psychologist as there metal health services provider?

And that the school psychologist also wants to provide metal health services to that student.

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, students in special education are entitled to receive appropriate mental health services as part of their Individualized Education Program (IEP). The selection of a service provider, including a school psychologist, typically depends on the school district's policies and... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Is it illegal for students to say racist slurs to staff and other students?
James L. Arrasmith
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answered on Jan 14, 2024

I do not have enough context or details to determine if a specific instance of students saying racist slurs would be illegal. However, some general considerations on this complex issue:

- Schools and workplaces typically have codes of conduct that prohibit harassment, bullying, and hate...
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2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

Possibly, but you have to consider what it will cost you. One option is to try to arrange a free initial consult with attorneys to find out what it could cost to pursue. Such matters could involve speaking with students, reviewing videos, assessing school codes, etc. Attorneys don't generally... View More

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2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

James L. Arrasmith
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answered on Jan 23, 2024

In situations like this, it's important to understand the school's policies and the rationale behind your son's suspension. Schools often have codes of conduct that extend to students' online behavior, especially if it's seen to impact the school environment or other... View More

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1 Answer | Asked in Education Law and Federal Crimes for New York on
Q: Is it legal for a college to steal your government funds when you are not enrolled in school? then bully you not to tell

I have all the evidence and even emails from the board of education showing my accounts for those years and how much the school took,as well as proof that paperwork sent to the government in my name were falsified as well as documentation from the federal taxation and Finance Bureau that were... View More

James L. Arrasmith
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answered on Jan 13, 2024

It's essential to address this serious issue promptly. You have valuable evidence that shows misconduct by the college, including fraudulent financial actions and bullying.

First, consult with an attorney who specializes in education law or consumer protection. They can help you...
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2 Answers | Asked in Education Law and Federal Crimes for New York on
Q: Is it legal for a College to Forge your signature on documents to re-enroll you without your permission and collect mone

My College has done this and even filed taxes for 2 years that i was not attending and I have a mountain of proof and since I enquired about it has been bullying,trying to force me to sign fraudulent paperwork,denied me entrance into my classess, recently attempted to change my financial ledger,... View More

James L. Arrasmith
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answered on Jan 13, 2024

You're facing a challenging situation with your college, and it's crucial to take certain steps to address this issue. Firstly, gather and preserve all the evidence you have regarding the forgery, tax filings, bullying, and any other inappropriate actions taken by the college. This... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2024

So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is... View More

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1 Answer | Asked in Education Law for New Hampshire on
Q: Is it legal for a school administrator to drive to a students house after school hours for no reason at all

I saw my school administrator waiting for me at my street address after school hours for no reason at all as I drove by her she then left as I drove past and continued

James L. Arrasmith
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answered on Jan 10, 2024

It's unusual for a school administrator to visit a student's home without a clear reason, and it can raise concerns. There are protocols and policies in most schools regarding staff interactions with students outside of school hours and premises, especially for home visits.

If...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for California on
Q: Is my 9-year-old grandson's constitutional rights to an education being violated? He should be in the 4th grade now.

My grandson has not attended school since October of the first grade; all absences are unexcused. The mother is extraordinarily permissive, and allows him to make his own decisions about school, doctor visits, preferred activities, etc. He was recently diagnosed with ODD.

The school has... View More

James L. Arrasmith
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answered on Jan 6, 2024

In California, the right to an education is indeed a fundamental one, and every child between the ages of 6 and 18 is required to attend school under the state's compulsory education laws. If your grandson has not been attending school regularly since the first grade, this could be a violation... View More

Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
James L. Arrasmith
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answered on Jan 4, 2024

Under California law, if your son has experienced emotional abuse at school, you have the right to take action. Emotional abuse by a teacher is a serious matter, and schools have a duty to ensure a safe and supportive environment for their students.

The first step would be to document the...
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Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

It could depend on the nature of the abuse, severity of the abuse, resulting damages, the quality of evidence supporting the accusations and the damages, and other factors. A starting point could be to try to arrange a free initial consult with an attorney to discuss in further detail. Good luck

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Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

Addendum - Whether or not attorneys determine you might have the basis for a claim, it would be advisable to learn sooner than later whether there are any notice of claim provisions that apply - in other words, short filing deadlines. I hope your son is okay. Good luck

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1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

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