lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 Filing a required claim form with a government agency, such as a school or school district, prior to moving to court can be a daunting and confusing task.  I have previously written about the pre-court filing requirement for certain claims against a school or school district ( here ,  here  and  here ) but wanted to add a list of some exclusions (may not be an exhaustive list) for parents and students.   I don't need to reiterate my earlier posts on filing and late filing, but one code section is relevant when evaluating whether a pre-court filing may be required or not.    California Government Code section 905  states: "There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except any of the following: (a) Claims under the Revenue and Ta...

By Michelle Ball, California Education Attorney for Students since 1995 Earlier this week, the Eleventh Circuit Court of Appeals found that a transvaginal ultrasound requested of college students at Valencia College in Florida was a search for Fourth Amendment purposes.   California is within the Ninth Circuit Court of Appeals , but often sister jurisdiction decisions impact and influence decisions here.  The decision is noteworthy for its facts, which college students may want to be aware of, and for the definitive ruling that this conduct did involve a search for purposes of Fourth Amendment analysis. The basics are that students who entered the state run Valencia College Sonography program were allegedly asked to "volunteer" for transvaginal ultrasounds to be performed on them by other students in the program (male and female).  Three students refused.  Two were allegedly thereafter badgered into allowing this invasive procedure to be done on them.  The thi...