Hans Albert Gillinger’s Answers

Hans Albert Gillinger

Chatsworth Education Law Attorney.

Contributor Level 15
  1. As an 18 year old student,in high school, could I choose when to attend class or not?

    Answered 6 months ago.

    1. Christine C McCall
    2. Hans Albert Gillinger
    3. Randy Jay Harvey
    3 lawyer answers

    Yes, you are now the person that decides whether you will continue to attend public school. This presents you with a false choice because of the clear statistics regarding the consequences of dropping out of school before graduating with a high school diploma of graduation. I urge you to consider the long term, as opposed to short term, benefits of your decision on whether to stay in school. Good luck!

    1 lawyer agreed with this answer

  2. Child starting Private Catholic School in Fall as a Kindergardner. I no longer have the money- can I be forced to pay?

    Answered about 1 year ago.

    1. Hans Albert Gillinger
    1 lawyer answer

    Your question is a bit confusing, as it is unclear who the "other party" is who has a job/inheritance. Private schools are in the service industry just as much as private schools are in the business of education. As with any services, your right to performance from another is contingent upon your payment (or performance). Review your tuition contract with the school; in this situation, it likely will provide the following: 1) the school's right to keep the $700.00 you have paid to date, 2)...

    1 lawyer agreed with this answer

  3. Can a private school seize books from a student's locker, not return them, and sell them?

    Answered about 1 year ago.

    1. Michael Robert Fischer
    2. Hans Albert Gillinger
    2 lawyer answers

    With private schools, contract is king. Review your tuition contract to see if it speaks to this scenario, focusing on the school's expectations of students/year's end logistics. Said contract likely allows the school to give notice of this change to the students without the need to notify parents separately. If so, and your child was notified, the school likely acted within its rights when it took the books. This new rule sounds like a trap for the unwary family, and equity abhors...

    1 lawyer agreed with this answer

  4. What is the risk of not accepting a 998 offer?

    Answered over 1 year ago.

    1. Neville Francis Fernandes
    2. Afshin Mozaffari
    3. Neil Pedersen
    4. Hans Albert Gillinger
    4 lawyer answers

    An Offer made pursuant to Code of Civil Procedure, §998 will remain open for the period of time specified therein. If the offer is not accepted and the action proceeds to trial and the plaintiff does not obtain a more favorable judgment, defendant is entitled to avail himself/herself of all rights and remedies provided in Code of Civil Procedure, §998, including but not limited to an award of his/her costs of suit and/ or his/her reasonable expert witness fees incurred in the preparation for...

    1 lawyer agreed with this answer

  5. MY 8 YEAR OLD WAS KICKED OUT OF SCHOOL.

    Answered over 1 year ago.

    1. Janina Dawn Botchis
    2. Hans Albert Gillinger
    3. James Victor Kosnett
    4. Rixon Charles Rafter III
    4 lawyer answers

    You provided too little information for any answer to help much at all. That your child's classroom was moved does not necessarily require your consent. A change of placement requires your consent, but changes in location or classrooms are not always considered a change in placement OSEP: The IDEA does not define a change in placement, although OSEP has stated that a change in location should be considered a change in placement for purposes of triggering procedural safeguards (34 C.F.R. §300....

    1 lawyer agreed with this answer

  6. What is proper venue for California Administrative writ petition. Is it any Superior Court writ Dept?

    Answered over 1 year ago.

    1. James Victor Kosnett
    2. Hans Albert Gillinger
    2 lawyer answers

    Initially, the first attorney's response was entirely accurate. OAH is under contract with the state of CA to adjudicate administrative hearings from professional licensing to special education. Many matters over which the OAH has jurisdiction (such as special education) have the appeal/writ/review process set forth in the authorizing legislation. To the extent the authorizing legislation (such as the IDEA for special education) specifies a process for seeking judicial review, that process...

    1 lawyer agreed with this answer

  7. Looking for a Special Education attorney to attend an IEP meeting?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Hans Albert Gillinger
    3. Betsy J. Brazy
    4. James Victor Kosnett
    4 lawyer answers

    A parent is powerful advocate for their child when the parent reaches out for help navigating what is a very difficult process for parents. You have many choices, and I set forth the following about me for your consideration. HANS GILLINGER specializes in representing students with disabilities with respect to their educational needs and related civil rights litigation. In 2004 Hans began advocating for the special education rights of children and young adults while in law school....

    1 lawyer agreed with this answer

  8. How much does it cost to seal a juvenile record in California?

    Answered over 1 year ago.

    1. John M. Kaman
    2. Hans Albert Gillinger
    3. Michael Douglas Shafer
    3 lawyer answers

    It is the express intent of the Legislature “that juvenile court records, in general, should be confidential. See In re Keisha T. (1995) 38 Cal.App.4th 220, 231, citing Welf. & Inst. Code §827(b). Courts have recognized, however, that this policy of confidentiality is not absolute. The juvenile court (“JC”) has been vested with “exclusive authority to determine the extent to which juvenile records may be released to third parties.” Ibid., citing T.N.G. v. Superior Court (1971) 4 Cal.3d 767,...

    1 lawyer agreed with this answer

  9. Misdiagnosed and placed in special education and now my child can not keep up with the class.

    Answered almost 2 years ago.

    1. Betsy J. Brazy
    2. Hans Albert Gillinger
    2 lawyer answers

    DISCLAIMER: This is not legal advice and my response to your question does not create an attorney client relationship. Your question presents an unusual scenario, but not unique. I have been practicing special education law for many years in California, and have some observations for you that might be helpful. Your question implicates the Individuals with Disabilities Education Act (IDEA) implementing federal regulations and state law. Subject only to two limited exceptions that only...

    1 lawyer agreed with this answer

  10. My daughter was molested in elementary by another student. It recently came out that she was molested. The school may had knowr

    Answered almost 2 years ago.

    1. Hans Albert Gillinger
    2. Daphne Lori Macklin
    3. Janina Dawn Botchis
    3 lawyer answers

    This response is not legal advice, and it does not create an attorney client relationship. In California, before you may sue a public entity (a state, county or local governmental entity) or a government employee for money damages, you must first file a claim meeting the requirements of the California Tort Claims Act. California Government Code sections 810-996.6. With very limited exceptions, no lawsuit for money damages may be brought against a governmental entity unless a written claim...

    1 lawyer agreed with this answer

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