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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, Family Law and Juvenile Law for Alaska on
Q: Can ocs in Anchorage ak go talk to a minor without a parent at a elementary school?
Blake Fulton Quackenbush
Blake Fulton Quackenbush
answered on Feb 9, 2024

Parents of children have rights, and parents can contact a knowledgeable attorney at any stage of the process of the Office of Children's Services ("OCS") investigating and/or the state removing a child from their home. Our office has years of experience litigating child custody... View More

1 Answer | Asked in Education Law for Michigan on
Q: My son was searched at school today because a teacher said he looked high. What can I do?
T. Augustus Claus
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answered on Feb 7, 2024

In Michigan, if your son was searched at school because a teacher suspected him of being under the influence, it's important to first understand the school's policies on searches and drug suspicion. Schools generally have some latitude to conduct searches to maintain a safe environment,... View More

1 Answer | Asked in Education Law for New York on
Q: I completed bachelor of laws under the uni of london but didn’t got licensed yet. So can I take the nyc bar exam ?

To take the bar exams in the ny state :

1) do I need to have experience even after getting licensed ?

2)can I become licensed in any country and get qualified for the ny bar exam ?

3)so there r different terms used for a licensed lawyer(I.e attorneys) in different... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

Congratulations on getting your degree. In terms of bar exam eligibility, that's something that the board of bar examiners would know better than most practicing attorneys. I'm not certain about details, but I have heard about N.Y. programs where foreign law school graduates can sit for... View More

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

1 Answer | Asked in Education Law for Hawaii on
Q: Is changing LRE for a SPED student a defined process or a continuum?

Does a change in placement have to have defined steps such as GENERAL EDUCATION class, then to an INCLUSION SETTING, then to RESOURCE CLASS, or is it based on the IEP team's decision on what's best for the student.

T. Augustus Claus
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answered on Feb 2, 2024

In Hawaii, the process of changing the Least Restrictive Environment (LRE) for a special education (SPED) student is typically viewed as a continuum rather than a rigid sequence of defined steps. While there are guidelines and best practices in place to ensure that changes in placement are made in... 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?

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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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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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

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answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

T. Augustus Claus
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answered on Jan 29, 2024

Spreading false rumors about someone having a sexually transmitted disease (STD) can have serious legal implications, especially if it leads to defamation claims or harassment allegations. As a 17-year-old senior in high school, it's important to understand the potential consequences of such... View More

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2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

James L. Arrasmith
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answered on Jan 29, 2024

In Alabama, as in many states, spreading false rumors about someone can have serious legal consequences. If the rumors are harmful to a person's reputation, this can be considered defamation. In your case, spreading false rumors about an STD could potentially fall under this category.... 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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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

James L. Arrasmith
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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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1 Answer | Asked in Civil Rights and Education Law for Maryland on
Q: Can I sue if I was force into meetings to see a person who has been harassing me. When both times I said no.

I had a person follow me around at school alot and was making me uncomfortable. When I told someone about it they didn't tell me or ask for consent and force me into a meeting with him and I. The second time I cried and didn't want one. I was dealing with him saying awful things about me... View More

James L. Arrasmith
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answered on Jan 28, 2024

It sounds like you've been through a distressing situation. If you feel that your college's actions in forcing you into meetings with someone who was harassing you were inappropriate or harmful, you may have grounds to take legal action. This could potentially include a lawsuit for... View More

1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: can i take action against my high school

I graduated in 06. Background checks for jobs keep returning to me saying they are claiming i didn't graduate. i have a copy of the diploma. when anyone calls the school they say i didn't graduate. It keeps getting harder and harder to advance my career as employers keep thinking i... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Pennsylvania, if your high school is incorrectly informing background check agencies or potential employers that you did not graduate, despite you having a diploma, you may have grounds to take action. This misinformation could be considered a form of defamation or negligence, especially if it... View More

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