Education Law Attorney in Long Beach, CA
Students in Long Beach Unified School District and other local schools have legally protected rights. Some of those rights arise under California statute. Others come from the U.S. Constitution, federal civil rights law, and the Individuals with Disabilities Education Act. When a school or district fails to honor those rights, families may have legal options.
Education law disputes in California cover a wide range of issues. Students facing expulsion are entitled to procedural protections that school districts must follow, while students with disabilities have the right to a free appropriate public education. Disputes involving punitive phone confiscation policies may also raise Fourth Amendment concerns. These cases require an understanding of both education law and Constitutional doctrine.
Kassouni Law handles education justice matters for Long Beach families. Attorney Amy Kassouni, who graduated magna cum laude and ranked fourth in her law school class, brings a specific focus to education law. Her background in education justice adds a distinctive dimension to the firm’s Constitutional practice.
“Dedicated lawyers…” – Client testimonial, Kassouni Law
The Legal Framework for Student Rights in California
California Education Code
California’s Education Code governs most aspects of K-12 education in the state. It sets out student discipline procedures, suspension and expulsion rules, special education requirements, parent notification obligations, and school safety standards. The California Department of Education publishes guidance on many of these areas. Where a school district fails to follow Education Code procedures, families may have grounds to challenge disciplinary decisions or seek reinstatement. Administrative and judicial channels are available depending on the situation.
Federal Law: IDEA and Section 504
Students with disabilities in California have rights under two primary federal frameworks. The Individuals with Disabilities Education Act (IDEA), codified at 20 U.S.C. § 1400 et seq., requires schools to provide a free appropriate public education (FAPE) in the least restrictive environment. It also entitles eligible students to an Individualized Education Program (IEP) developed with parental input. Section 504 of the Rehabilitation Act of 1973 protects students who may not qualify under IDEA. It covers students who still need accommodations to access education on equal terms. Disputes over IEP content, placement decisions, and FAPE denials can be pursued through due process hearings before the California Office of Administrative Hearings.
Constitutional Protections
Students retain constitutional rights on campus, though the scope of those rights differs from adult rights in non-school settings. The Fourth Amendment limits certain types of school searches. The First Amendment protects some forms of student expression. The Fourteenth Amendment’s due process clause applies to suspensions and expulsions. These constitutional protections can be relevant in education law disputes, particularly where school officials act beyond what the law authorizes.
Civil Rights Protections
Federal civil rights laws prohibit discrimination in schools that receive federal funding. Title VI of the Civil Rights Act of 1964 addresses discrimination based on race, color, and national origin, while Title IX of the Education Amendments of 1972 prohibits sex discrimination, including sexual harassment. The U.S. Department of Education Office for Civil Rights investigates complaints under these statutes. Families may also have claims under 42 U.S.C. § 1983 when school officials, acting under color of state law, violate federally protected rights.
Education Law Practice Areas in Long Beach
Student Suspension and Expulsion Defense
California Education Code section 48900 et seq. governs student suspensions and expulsions. It sets out specific grounds for discipline and procedural requirements districts must follow. A student facing expulsion has the right to a hearing. The district must provide written notice of the charges. Parents have the right to participate in the hearing, present evidence, and question witnesses. AB 1230, which addressed expulsion plans and related procedures, is discussed at AB 1230: Expulsion Plans – What California Parents Need to Know. Where a district fails to follow required procedures, families may challenge the expulsion through an appeal to the district board. Judicial review may also be available in appropriate cases.
Special Education and IEP Disputes
Special education disputes are among the most common and consequential education law matters in California. Families dispute IEP content, eligibility determinations, placement decisions, and the adequacy of services offered. Parents have the right to participate meaningfully in the IEP process and to reject or request changes to a proposed IEP.
When a family and school district cannot agree, either party may request a due process hearing before the California Office of Administrative Hearings. These hearings address FAPE disputes and IEP procedural violations. The outcome of a due process hearing can determine whether a student receives compensatory education, a different placement, or other relief.
Section 504 Accommodation Disputes
Students who do not qualify under IDEA may still be entitled to accommodations under Section 504 of the Rehabilitation Act. Section 504 plans can address learning disabilities, ADHD, chronic health conditions, and other impairments that substantially limit a major life activity. Disputes over whether a student qualifies for a Section 504 plan, or whether the plan adequately addresses the student’s needs, are handled differently from IDEA disputes. The Office for Civil Rights accepts Section 504 complaints, and families may also have procedural remedies through the district’s own grievance process.
Phone Confiscation and Student Privacy
California law now restricts how schools may regulate student phone use. AB 3216 addressed the scope of phone confiscation authority. The legal boundaries of phone confiscation policies and when they may implicate student privacy rights are discussed at Can California Schools Confiscate Student Phones Under AB 3216?. Where a school’s phone policy goes beyond what state law authorizes, or involves searches that exceed constitutional limits, affected students may have grounds for a challenge.
Student Rights and School Discipline
California students have a range of procedural and substantive rights in the discipline process. These include the right to know the charges, the right to present their side, and the right to appeal. A broader overview of how California law protects student rights in school settings is at Educational Rights of California Students.
Constitutional Claims Against Schools
In some cases, school officials may act in ways that violate students’ federal constitutional rights. For example, an unlawful search may give rise to a Fourth Amendment claim, while punishment for protected expression may raise First Amendment issues. A student denied procedural fairness in a serious disciplinary proceeding may also have a due process claim under the Fourteenth Amendment.
These claims can be brought under 42 U.S.C. § 1983, which allows individuals to sue state actors for violations of federal constitutional and statutory rights. Section 1983 claims against school districts require establishing that the district itself had a policy or custom that caused the constitutional violation. Claims against individual school officials may also be available, subject to qualified immunity defenses.
Education Law in Long Beach
Long Beach Unified School District
Long Beach Unified School District (LBUSD) is one of the largest school districts in California. It serves approximately 70,000 students across more than 80 schools. The district is subject to California Education Code requirements for suspension, expulsion, special education, and student discipline. Families with disputes involving LBUSD navigate the district’s internal appeal process before pursuing external remedies. The Long Beach Unified School District publishes its board policies, student handbook, and special education information on its website.
Special Education in Los Angeles County
Los Angeles County operates a Special Education Local Plan Area (SELPA) that coordinates special education services across school districts in the county. The Los Angeles County Office of Education provides oversight and support for special education programs in the region. For families pursuing due process hearings, the California Office of Administrative Hearings handles special education disputes statewide, including those arising from Long Beach district decisions.
Charter Schools in Long Beach
Long Beach has several charter schools operating within and near the district’s boundaries. Charter schools are subject to most Education Code student rights provisions, including suspension and expulsion procedures and special education requirements. The applicable procedural rules and oversight structure for charter school disputes may differ in some respects from traditional public school disputes.
Education Justice at Kassouni Law
Attorney Amy Kassouni brings a specific focus to education justice within the firm’s Constitutional law practice. She graduated magna cum laude from law school and ranked fourth in her graduating class. After completing an internship with the Sacramento County District Attorney’s Office, she joined Kassouni Law as a licensed attorney. Her background in education justice adds a distinctive dimension to the firm’s practice.
The firm approaches education law as an extension of its core Constitutional mission: defending individuals against government overreach. A school district that violates a student’s procedural rights, denies a legally required special education program, or permits unconstitutional searches is a government entity acting beyond what the law permits. That framing places education law squarely within the firm’s identity as a private-rights advocate. An overview of the firm is at kassounilaw.com.
“Thoughtful and sincere… very accessible throughout the stages of any case.” – Client, Orange County, CA
Why Long Beach Families Retain Kassouni Law
Constitutional Depth
Education law disputes often raise Constitutional questions. The firm’s broader Constitutional property rights and civil rights practice gives it depth in this area. Managing attorney Timothy Kassouni has argued before the California Supreme Court, the Ninth Circuit, and the United States Supreme Court. That appellate experience shapes how cases are analyzed from the start. His profile is at Timothy V. Kassouni.
Personal Attention
Kassouni Law personally evaluates every prospective client matter. Families do not get handed off to intake staff. Timothy Kassouni is a Super Lawyer, an honor limited to the top 5% of California attorneys statewide. The firm has been admitted to the California State Bar since 1989.
Representation That Sides With Families, Not Institutions
The firm has never represented a government agency. In education law, that means the firm’s representation is aligned with students and families, not school districts or government bodies. When LBUSD or another public school entity is on the other side of a dispute, the firm brings no conflict from prior institutional work.
Contact a Long Beach Education Law Attorney
Kassouni Law handles education justice matters for Long Beach families. Areas covered include student discipline defense, special education and IEP disputes, Section 504 disputes, phone confiscation issues, and Constitutional claims against school officials. The Los Angeles office at 515 South Flower Street, 18th Floor, Los Angeles, CA 90071 serves Long Beach clients directly.
Call 877-770-7379 toll-free or reach the Los Angeles office at 213-426-2183. Submit an inquiry at kassounilaw.com/contact. The firm responds within one business day. Submitting a contact form does not create an attorney-client relationship.
Frequently Asked Questions
1. What education law matters does Kassouni Law handle in Long Beach?
The firm handles student discipline defense in suspension and expulsion cases, special education and IEP disputes, Section 504 accommodation disputes, student phone confiscation and privacy challenges, and Constitutional claims against school officials under 42 U.S.C. § 1983. The firm represents students and families exclusively. It has never represented a school district or government agency.
2. What procedural rights does a Long Beach student have in an expulsion hearing?
California Education Code section 48915 et seq. requires that a school district provide written notice of the charges, the evidence supporting them, and the student’s right to a hearing before expulsion. At the hearing, the student and family have the right to be present, to present evidence, and to question witnesses. The district bears the burden of establishing that grounds for expulsion exist under Education Code section 48900. An appeal from the expulsion decision may be taken to the district board of education. Families may also challenge expulsion decisions through judicial review in appropriate circumstances. For more detail on how California expulsion plans work, see AB 1230: Expulsion Plans – What California Parents Need to Know.
3. What is a due process hearing in a special education dispute?
A due process hearing is an administrative proceeding used to resolve disputes between families and school districts over special education rights under IDEA. Either party can request a hearing when they cannot resolve a disagreement through informal means. The hearing takes place before an administrative law judge at the California Office of Administrative Hearings. The judge hears evidence, considers applicable law, and issues a written decision. Common issues include whether the district offered a FAPE, whether the IEP was procedurally adequate, and whether placement was in the least restrictive appropriate environment. Decisions can be appealed to federal or state court if either party disagrees with the outcome.
4. Can a school in Long Beach search a student’s phone without consent?
The Fourth Amendment generally requires that government actors, including school officials, conduct searches based on reasonable suspicion rather than the probable cause standard that applies to law enforcement. The standard for school searches comes from New Jersey v. T.L.O., 469 U.S. 325 (1985), which held that school officials may search a student’s belongings if the search is justified at its inception and reasonably related in scope to the circumstances justifying it. Whether a phone search meets that standard depends on the specific facts. California AB 3216 also addresses the limits of school authority over student phones. The intersection of these standards is discussed at Can California Schools Confiscate Student Phones Under AB 3216?.
5. What rights does a student with a disability have in Long Beach schools?
Students with disabilities in California have rights under both IDEA and Section 504 of the Rehabilitation Act. Under IDEA, qualifying students are entitled to a free appropriate public education. They also receive an IEP developed with parental input, and placement in the least restrictive appropriate environment. Section 504 covers students whose disabilities substantially limit a major life activity, even if they do not qualify under IDEA. Long Beach Unified School District, like all California public schools, must comply with both frameworks. For a broader overview of student rights under California and federal law, see Educational Rights of California Students.
