San Francisco Education Law Blog

Survey: 25.9% of undergrad women experience sexual assault

According to a recent survey by the Association of American Universities (AAU), more than a quarter of undergraduate women say that they have been sexually assaulted since starting college. That is, they were sexually touched or penetrated without their consent, either by force or because they were unable to consent.

The survey also found that 6.8% of male undergrads said they had experienced sexual assault. And, about 19% of students at the schools surveyed said they had experienced sexual harassment that either interfered with their academic pursuits or created a hostile educational environment.

This October, support National Bullying Prevention Month

October is National Bullying Prevention Month, and we should all work together to end bullying in school. When bullying is allowed to continue at school, it can be a civil rights issue and can also create significant suffering for victims. Moreover, bullying is not a healthy activity for the bully, and intervention can be a positive experience for all involved.

According to PACER's National Bullying Prevention Center one out of every five students, on average, reports being bullied in school, at school-related activities, or by schoolmates online or after hours.

Supreme Court to say whether federal law protects LGBTQI people

About half of the states, including California, have state laws that protect people from job discrimination based on sexual orientation and, in many cases, transgender status. But in the rest, the LGBTQI community is not protected from workplace discrimination by state law.

That said, many experts have long argued that federal law prohibits job discrimination against the LGBTQI community. In fact, it is the position of the Equal Employment Opportunity Commission (EEOC) that Title VI of the Civil Rights Act of 1964 protects people from workplace discrimination based on sexual orientation, gender identity and gender expression.

EEOC rules that some targeted advertising is discriminatory

In a recent set of rulings, the Equal Employment Opportunity Commission (EEOC) said there was "reasonable cause" to find that at least seven employers violated federal anti-discrimination laws. These employers allegedly used Facebook's ad targeting system to exclude women and older workers from even seeing job ads from their companies.

The laws in question are Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). The ADEA, for example, prohibits employers from refusing to recruit or hire people because they are 40 or over. It also prohibits employment agencies from refusing to refer people for employment because they are 40 or older. Other anti-discrimination laws, such as those covering disability, also prohibit discrimination during the recruitment and hiring process.

Does a diagnosis qualify my child for an IEP?

Recently, your child’s teacher notifies you that your child is not performing well in school. They seem uninterested in school completely and you are not sure what to do. Worrying that they might have a learning disability, you bring them to the doctor.

After a couple tests, the doctor informs you that your child has a learning disability. According to your doctor, the next step is to meet with your school board to see if an individualized education program (IEP) is necessary.

The benefits of hiring a special education law attorney

Special needs students require precisely that: special needs. These students perform differently than children who are not on the spectrum. They can't be taught and disciplined in the same manner. Doing so can cause problems. Special needs children require specific programs and climates to excel.

The unfortunate reality is that many schools, especially under-budgeted public schools, aren't provided the resources needed to help students succeed and thrive. This is especially true for students who need unique attention.

Workplace retaliation can have many different faces

It is simple: retaliation is illegal. California employers cannot threaten, terminate or demote an employee in response to the employee engaging in a protected action, such as reporting discrimination. And most employers know this.

However, that is why retaliation is often subtle, making it difficult for employees to recognize it at all. So, what can subtle workplace retaliation look like?

Issues with school suspensions in rural California

It is important to allow every child the opportunity to complete their high-school education. Unfortunately, that cannot occur if schools prevent students from attending class.

One California school is facing investigation by the California Bureau of Children’s Justice for the numbers of student suspensions – suspensions often occurring for relatively minor infractions. Rather than look for alternative punishments, there are allegations that the school continually resorts to suspensions and expulsions. Most concerning is the investigation of the school board’s treatment of homeless and foster children.

IEEs vs. Private Assessments

Your child has an IEP. The school district just conducted her triennial psychoeducational evaluation. You disagree with the report and believe that the assessor made mistakes in testing your daughter. As usual, the school district won't budge. Now what? 

Strategies for confronting cyberbullying with your child

Social media and the internet can provide a place of inclusivity and positivity for children with special needs and learning disabilities. However, it can also provide a convenient venue for cyberbullying. As a parent, you may wonder what you can do.

In today's world, cyberbullying is an unfortunate reality in which special needs children can be particularly vulnerable. Parents throughout the Bay Area, Southern California and across the country can take steps to learn the signs of cyberbullying, strategies to confront the issue with their child and potential legal options.

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