Education Law
Why I Practice Education Law
As a professor emeritus at the University of California and a lawyer in private practice, I am keenly aware of the important role education plays in California. Institutions of learning enrich people's lives. They are, however, run by administrators who occasionally trample upon the rights of students and employees. I represent students, faculty, and staff in administrative and disciplinary hearings. In these situations, I have experience on both sides of the table. I have worked for institutions of higher learning and defended clients against them. I have also represented children threatened with expulsion from school, and those whose special educational needs were not being met. My experience in these settings gives me a truly unique skill set that I will bring to bear on your problems or those of your child.
I can help you take the right action if you are seeking a lawyer or an attorney to represent you in matters of California Education Law including the following:
College and university students
I can help you
- If you are a student facing disciplinary charges or Probation, Suspension, or Dismissal because you have been accused of cheating, plagiarism, sexual assault or other violations of your school’s student conduct code or the code of student conduct; or facing Administrative Censure, Residential Probation, Contract Probation, Special Project, Restitution for Damages, Relocation, Contract Cancellation (Eviction), or Area Exclusion for violation of your school’s housing or dormitory policies. For additional information relevant to your situation, please click here.
- If you are a student who has received an email from PharmCAS notifying you that you may have plagiarized part of the PharmCAS application, or that you are suspected of having committed plagiarism on the common application for a professional pharmacy degree.
- If you want to appeal a classification as a nonresident for tuition purposes at the University of California, the California State University, or a California community college. [A University of California student who believes "an incorrect residence classification has been made by the campus Residence Deputy may appeal in writing to the Principal Legal Analyst-Residence Matters within 30 days of notification of the campus Residence Deputy's final decision." California State University students "who do not qualify as California residents for tuition purposes will be notified in writing and given the opportunity to appeal to the California State University Chancellor's Office." California community college students may appeal a classification as a nonresident [California Code of Regulations, Title 5, Section 54010(a)] for not meeting the requirements for financial independence, or one of the requirements of California Code of Regulations, Title 5, Section 54020 - Residence or Section 54022 - Physical Presence, or Section 54024 - Intent]. When retained to file an appeal on your behalf, I draft the appeal, obtain the necessary support documentation from you, research the relevant community college regulations as well as state law and California court cases, then submit the appeal to the appropriate official. I provide additional documentation and information that are requested by the analyst deciding the appeal, and follow up as necessary until the appeal is decided. All my work is covered by the initial fee you agree to before I begin my efforts for you.
- If you are an out-of-state student attending or planning to attend the University of California, California State University, or a California community college in California and need advice on how to qualify as a California resident for tuition fees.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
College and university staff
If you are a staff member facing disciplinary charges at the University of California, at the California State University, or at a private college or university in California.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
The use of the Internet for communications with me will not establish an attorney-client relationship. Please note that messages containing confidential or time-sensitive information should not be sent. Pursuant to Rules of Professional Conduct Rule 1-400, the matter herein must be labeled as a newsletter.
University of California faculty
If you are a professor at any of the campuses of the University of California facing disciplinary charges [Referral of Complaint to Committee on Privilege and Tenure], termination under APM-075 [Termination for Incompetent Performance], or allegations of research misconduct; wanting to bring a grievance pursuant to Bylaw 335 [Committee on Privilege and Tenure (P&T) – Grievance Cases] or APM-140 [Campus Procedures for Non-Senate Academic Grievances]; having issues concerning APM-015 [The Faculty Code of Conduct], APM-016 [University Policy on Faculty Conduct and the Administration of Discipline], APM-025 [Conflict of Commitment and Outside Activities of Faculty Members], APM-028 [Disclosure of Financial Interest in Private Sponsors of Research] or APM-075 [Termination for Incompetent Performance]; wanting to receive a separation agreement or settlement agreement with the University; or seeking advice on which retirement options to choose from the University of California Retirement System [UCRS].
For additional information relevant to your situation, please click here.
California State University faculty
If you are a professor at any of the campuses of the California State University facing disciplinary charges at the California State University [Referral to Faculty Hearing Committee] or allegations of research misconduct; wanting to have an experienced negotiator negotiate a separation agreement or settlement agreement or a severance package; or wanting to grieve pursuant to Article 10 of the COLLECTIVE BARGAINING AGREEMENT between the CFA and Trustees of the California State University.
For additional information relevant to your situation, please click here.
Faculty at private colleges and universities in California
If you are a professor at any private college or university in California facing disciplinary charges or allegations of research misconduct; wanting to bring a grievance pursuant to the policies and procedures that govern at your school; wanting to receive a separation agreement or settlement agreement with your college or university; or seeking advice on which retirement options to choose from the options available to you.
I have represented faculty at several private colleges and universities in California. Because there are more than 300 private colleges and universities in the state, I am unable to provide specific information about the types of legal services I could provide you.
To get a sense of the range of legal help I might be able to provide, I suggest you click here to see the range of services I have provided to faculty at the University of California.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
College and university faculty, staff or students accused of discrimination or facing retaliation for whistleblowing
I can help you
- If you are accused of violating Title VII, Title IX, the Interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation. or Executive Order (EO) 1096.
- If you are a whistleblower facing retaliation.
- Students and staff at California colleges and universities have weaponized filing complaints against faculty they work with or take classes from. They have come to realize that there is no bottom floor above which allegations in a compliant must rise; the most implausible and ridiculous allegations will turn you into a respondent in a complaint process that will disrupt your life for months to years, often including your being placed on involuntary leave, with or without pay. By the time it's all over, even if you are found not responsible for violating policy, your reputation has been wrecked, and no one from the college or university will apologize for putting you through hell. I wouldn't wish this happening to my worst enemy.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
Elementary and secondary school faculty
I can help you
- If you are a teacher in a public school who has received a RIF notice (aka a reduction in force notice).
- If you are a teacher in a public school facing a hearing to determine whether there is cause not to reemploy you for the ensuing school year (aka a RIF hearing or a reduction in force hearing) [Education Code sections 1294, 44949, 44955].
- If you are a permanent certificated employee of a school district who has received any of the following: Accusation (Government Code Section 11505); Dismissal (Education Code Section 44944); Notice of intent to immediately suspend without pay; intent to dismiss; and statement of charges (Education Code Sections 44932 and 44939); or a document headed In the Matter of the Accusation Against [Your Name].
- If you are a teacher with a teaching credential or an applicant for a teaching credential facing allegations of misconduct that have been filed with the Commission on Teacher Credentialing.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
High school and elementary school students
I can help you
- If your child is facing expulsion or involuntary transfer or suspension from grade or middle or junior high or high school.
- If your child has special needs that aren't being met in school and would benefit from having an Individual Education Program (IEP) or an Individual Education Program (IEP), or being on a 504 plan.
- If your child is being bullied or cyber-bullied and you need a lawyer to make your child's school enforce the law outlawing such practices.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
Recall of local school board members
You should contact me if you are seeking an attorney or lawyer to help you recall local school board members.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
Act immediately
If you have been summoned to an administrative or disciplinary hearing, time is of the essence. From the moment you receive notification that you are scheduled for a hearing or that an administration official wants to speak with you, you should enlist the services of an experienced and dedicated lawyer.
The law clearly defines the rights you have in the process. You are entitled to have your voice heard, and to be represented by a lawyer.
Unfortunately, school administrators often tread over people's rights, and you might not realize it until it is too late. That is why it is important to seek the aid of an attorney early on in the process.
I will work through the entire administrative process in search of the remedies you seek. If we have exhausted all administrative remedies without reaching a positive outcome, I will pursue remedies on your behalf in civil court. For additional information about what can be done in Superior Court and successes I have had for clients there, please click here.
Contact me
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
