Hans Albert Gillinger’s Answers

Hans Albert Gillinger

Chatsworth Education Law Attorney.

Contributor Level 15
  1. Can an 18 yr old go to jail for truancy?

    Answered over 1 year ago.

    1. Christine C McCall
    2. Hans Albert Gillinger
    3. Sean Michael Patrick
    3 lawyer answers

    My colleague speaks to whether dropping out is a good idea, and I agree with her. If you decide you really want to be done with public education, you will need to be exited from special education. Until you reached 18, your educational rights were held by another - typically a parent or guardian. On your 18th birthday, your rights transferred to you and the law requires that the school district explain this to you at every IEP subsequent to the day you turned 17. Unless conserved by a court,...

  2. Where can a constitutional rIghts complaint be filed?

    Answered over 1 year ago.

    1. Adrienne Patricia Allen
    2. Hans Albert Gillinger
    3. Robert Pecco Baker
    3 lawyer answers

    Initially, it is unclear from your writing exactly what you intend to file, as the title asks about where one should file "constitutional rights complaint" and then in the body of your inquiry you ask where "violations of oath of office" get filed. Many civil rights claims can be pursued by filing a complaint, at no charge, with the Office of Civil Rights. Not knowing what you are trying to file, the OCR's website is a good place to begin your search for an answer. Civil rights claims...

  3. Can I file a claim against a school for with holding my transcript?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    1 lawyer answer

    This is not legal advice and this response does not create an attorney client relationship. More information is required to answer your question. Specifically, what type of school is witholding your transcript? Depending on whether the institution in question is a public high school in California, a school of any type located in California, a post-secondary institution, etc., different rules would apply. You will have better luck finding your answer if you provide this additional...

  4. What is the specific statute (if any) or rule of court (if any) that states judges in Calif. MUST decide a motion,ANY MOTION?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Hillary Johns
    3. Hans Albert Gillinger
    3 lawyer answers

    This is not legal advice and this response does not create an attorney client relationship. Mr. Chen is correct to the extent your question relates to Superior Court judges (state court). To the extent your question relates to a federal court judge, the answer is a bit different. The Central District (in or about Los Angeles) is the only of the California federal judicial district that has a rule on point. In the Central District, Local Rule 83-9.1 requires the court to render and...

  5. What are the laws regarding graduation requirements?

    Answered 11 months ago.

    1. Robert E. Harris Jr.
    2. Hans Albert Gillinger
    3. Christine C McCall
    3 lawyer answers

    I agree that the school district's graduation requirement of acceptance by a college as a condition of graduation is wrong and bad policy. Bad policy is supposed to be fixed politically through the democratic processes. The law isn't designed to fix bad policy/regulations/laws. As such and should you challenge this requirement of acceptance by a college as condition of graduation (hereinafter "Requirement"), you will loose so long as the Requirement is rationally related to a...

    1 lawyer agreed with this answer

  6. My son's iep says test taking should take place with minimal distractions he has been kept in his regular seat can they do that?

    Answered 12 months ago.

    1. Alexis Riley
    2. Aaron Scott Hill
    3. Hans Albert Gillinger
    4. Diane Wiscarson
    4 lawyer answers

    I agree that the answer depends on whether your child's regular seat ensures minimal distractions during test taking. Consider asking for a different/additional accommodations at your next IEP meeting. An accommodation that you might want to consider is for your child to take tests alone in a classroom free of other students. Good luck.

    1 lawyer agreed with this answer

  7. Is it not true that anyone has a right to review files kept on them by anyone about oneself as per Nixon 1968

    Answered about 1 year ago.

    1. James S. Lawrence
    2. Malosack Berjis
    3. David Ian Schoen
    4. Hans Albert Gillinger
    4 lawyer answers

    No.

    1 lawyer agreed with this answer

  8. Can police enter my house without my consent?

    Answered about 1 year ago.

    1. Russell Stephen Pietryga
    2. Malosack Berjis
    3. Thomas G. Briody
    4. Hans Albert Gillinger
    4 lawyer answers

    Your husband can consent to the search.

    1 lawyer agreed with this answer

  9. Is district liable for expenses / damages for doing treatment not on IEP and no consent ?

    Answered over 1 year ago.

    1. Hans Albert Gillinger
    1 lawyer answer

    You raise an interesting question. The Electronic Auditory Stimulation Effect (EASE) is an audio CD series based auditory intervention program. The EASE CDs are used as a safe tool for occupational therapists, physical therapists, speech therapists, listening therapists and parents, to teach a child challenged with sensory processing issues, sound sensitivity, central auditory processing disorder (CAPD), hearing or developmental issues, to better manage noise. The EASE program is based on the...

    1 lawyer agreed with this answer

  10. Can not physically present at the hearing at ALJ (Administrative Law Judge).

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Christine C McCall
    3. Hans Albert Gillinger
    3 lawyer answers

    I agree with Mr. Cave and Ms. McCall. I note further that "good cause" is the civil law standard in California and many other states. Administrative law will look to civil law to "gap fill" procedures not specified by the administrative regulatory scheme in question. Good luck. Hans Gillinger

    1 lawyer agreed with this answer

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