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Divorce Atty. (530) 497-0777 C.Chan...High Ratings, Proven Results! CHICO Affordable!

C.Chan=Winning Results! AFFORDABLE! 4.7/5 Ratings by Clients Friendly+Affordable!CHICO NEW PH.#530.497-0777

Thursday, January 29, 2015

Bullying in Schools

http://education.findlaw.com/school-safety/legal-issues-and-laws-relating-to-school-safety.html

Below is an overview of legal issues and laws pertaining to school safety that parents, guardians, and educators should be aware of.
Bullying in Schools
Bullying in schools is a growing and serious problem that occurs on school campuses across the nation. Bullying not only comprises the overall learning goals of educational environments, it threatens a student's right to attend classes on school campuses that are safe.
Both state and federal governments have recognized a student's need for school safety. Several states have passed anti-bullying laws, including California, Arkansas, and Colorado, aimed at making schools safe for learning. In addition, the federal government has laws in place, such as the First Amendment, Establishment Clause, and others aimed at making sure school districts provide equal protection of federal and state constitutional rights to all citizens, including students.
While parents of children who are bullied or harassed may file lawsuits against a school or school district for failing to stop the harmful behavior, students who bully are often suspended or expelled if a school determines his or her behavior violates student conduct codes and other laws. Schools can help minimize potential violations by enforcing codes of conduct that typically address various types of behavior.
Premises Liability at Schools
There are a growing number of lawsuits arising out of some school's failure to keep students safe while on school property. Under the theory of "premises liability", occupiers and owners of land (including schools) are legally required to keep premises safe for those who are legally allowed to be there. The law generally requires owners and occupiers of land to exercise a "reasonable amount of care" in providing a safe environment on their premises. However, because schools are typically utilized by young children, the law requires a greater amount of care to be taken in situations where students are present.
Parents of children who are injured may file a claim against a school or school district for contributing to a student's harm or failing to keep premises safe at school. This may include common situations where a child falls or injures themselves in some way due to a school's negligence, but may also include situations where a child is bullied, harassed, or becomes ill and the school fails to come to the aid of the student, or control the situation.
First Amendment Concerns
The U.S. Supreme Court has declared that students attending public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". (Tinker vs. Des Moines School Dist. 393 U.S. 503 upholding the right of students to wear black armbands in school in protest of the Vietnam War). Even so, while students are afforded First Amendment freedoms, their rights may be restricted. There have been a variety of free speech lawsuits involving public schools over the years. The Court has ruled that certain types of speech, including the wearing of certain clothing and religious symbols (for example, t-shirts with suggestive language or a necklace with the symbol of a cross) and participation in groups or associations must be applied in a manner that attempts to balance a student's free speech rights and a school's need to provide a safe learning environment.
Student Codes of Conduct/Discipline Policies
Most schools have some sort of student codes of conduct and other discipline policies which generally outline a student's rights and responsibilities within the student body. These policies also typically include types of behavior that are acceptable or inappropriate on school campuses (or even beyond school doors). Parents (or guardians) should read through these policies with their child to ensure awareness of important safety and discipline guidelines.
School-Related Product Safety
Because students often need various school-related items, it is important to know whether certain items or products pose any harmful risks. For example, over the years there have been important recalls on school-related items, such as BPA-lined plastic containers, clothing with drawstrings, non-insulated lunch boxes, and so on. To find information on these and other products, click here for a listing of U.S. Consumer Product Safety Commission standards. You also may wish to visit the CPSC website directly to find the information you may be looking for.
Conclusion
School safety is an important issue. Not only is it important for students to feel safe and secure in their school surroundings, it is important for their learning growth as well. If you are a parent, guardian, or educator who has school safety concerns, you may wish to contact your school's district and ask whether there are existing safety guidelines and policies in place. Otherwise, you may wish to contact an attorney to learn more about a particular law in question.

Sunday, January 18, 2015


https://www.justia.com/lawyers/family-law/california/chico



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Attorney Carol Chan

Attorney is a well spoken advocate for clients, and has argued many cases successfully, over 25 years.... both in Southern CA and Northern CA courts, CA Federal Courts, Denver Federal Court and Federal Bankruptcy courts. Attorney just prevailed in obtaining sole legal/physical custody locally,even though client formerly had a DV TRO filed on him; an unusual case; in another case, Petitioner filed a DV TRO; attorney herein was forced to contest everything repeatedly for failure of opposing party to follow the evidence rules+had to continue case three times,the DV was dropped and parties agreed on custody?Attorney has much experience as defense counsel, which is very helpful in family law cases.
Attorney prevailed on an illegal animal seizure law case in Hollywood, CA, which is VERY uncommon.
Attorney has also prevailed in a wrongful sexual harassment charge, the case is historically listed (published) with the State Personnel Board of CA. Attorney has defended a CA state lobbyist against false charges in Los Angeles and prevailed; we won against PGE for illegally shutting off power after a bankruptcy was filed; attorney's client won both a DV TRO/custody of her two pets after the Respondent filed a Replevin action to take the animals, even though he lived about 3,000 miles from CA? .. he had been convicted of a DV case in another state, prior.....Just saying..... Over 29yr of helping clients in diverse situations! Attorney has done cases in at least 29 different courthouses throughout California, which includes state and Federal courthouses.

CHILD CUSTODY LAWS CALIFORNIA BY SO CAL ATTORNEY FIRM

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Attorney Chan has practiced Family law, personal injury, animal law, criminal defense, bankruptcy, and administrative law issues. Attorney is licensed in Northern, Southern,and Eastern District Federal courts in CA, and also in Denver Federal Court. In 2007, attorney attempted to get the Colorado Federal Court to change the law re pitbull dogs so that they would not be banned. It has taken 14 (yes, fourteen years) for other groups and attorneys to try and dismantle the law against pitbull ownership in Denver.

It was ONLY this year--2021-- that the law was finally changed--and NOT because any attorney won any lawsuit. It was only changed because pressure was put on the government to change the law and drop it. It was dropped by having a lot of pressure put on the government at a local basis. (NO attorney was EVER successful in getting the actual law removed by litigation.)

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PROVEN TOUGH AS NAILS LITIGATION

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Attorney C. Chan provides solutions to the toughest issues, and has a very high win rate for clients in family law cases, and civil matters.

Winning cases include those against: Chase Bank-negligence, AKC, contract proven--that entry form was a contract; that owner's dog had not bitten other handler's dog, San Mateo CA-yes, AKC flew out from New York; State of CA Dept. of Technology Services -- a 1993 precedent State PB ruling; sexual harassment did NOT exist and all charges/penalties dropped, all income taken refunded,all adverse data removed, all time charges subtracted were reinstated; PGE- damage award, breach of bankruptcy rule; CA AG Office Charitable Trusts, fraud allegation-- disproven, as to CA lobbyist;
....HOLLYWOOD ANIMAL CONTROL-- ILLEGAL SEIZURE PROVEN, meaning, animal control broke the law [ obviously this is a constitutional law issue] Quite honestly, this happens far more frequently than people realize, [improper seizure of animals] however, most people never get the correct hearing and even if they do, it's usually not much more than an admin brush it off type of hearing, and usually will require a lawsuit. Very few clients can afford to finance these hearings. Attorney has many years of experience in this area and is very likely able to tell when the process has been abused under CA PC Sect.597.1

Attorney is available also, for contested matters. Law and Motion hearings are limited in time (15-20min hearing in front of Judge) and trials are normally from half day to however much time it will take, normally from 1-5 days. Civil and criminal trials can last 1day to several weeks.

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Attorney is familiar with bankruptcy issues that can arise before,during,or after divorce. These issues can hinder settlements and ruin motions in family court. TIMING of the bankruptcy can also interfere with the case. Spousal support is a big issue + considered a priority debt+ in nearly all cases, not dischargeable. Contact attorney for more info.

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