Students and Families

The California Department of Education reported that, during the 2022-23 school year, nearly 6 million students (grades K-12) attended public schools in California. In spite of the number of students entrusted to California’s public schools, it is remarkable how few families are aware of the extensive and detailed laws, polices, and procedures governing school districts. While it is feasible for anyone to navigate the rules related to such issues as staff and student discipline, complaints and investigations, technology, charter schools, and special education, any member of the public choosing to navigate these issues alone could face a prolonged and expensive uphill battle.


While Advocate Legal may not be “the David” to California’s typical public school district “Goliath,” the founder of Advocate Legal has extensive experience representing California school districts, which offers invaluable insight to clients as they voice concerns and consider their options.  For approximately 15 years, Penny trained, investigated, and advised public school districts regarding complaints, violations of state and federal law, technology use, personnel and administrators, instruction, and threats to health and safety.

 
Regarding technology use, Penny also served on the Advisory Board of iKeepSafe, a nonprofit which developed materials and a national training for investigating and preventing technology incidents in schools. She also served as a statewide and local speaker on student and staff technology use, cybercitizenship, and information literacy in schools. More recently, Penny has been speaking to local organizations and individuals interested in teaching students and their families about healthy technology use through ScreenStrong. 




Aging and Care

Residents of a care facility may live within the same building or community, but each resident faces varying concerns and challenges. An ailing son and amputee may long to maintain independence. A resolute survivor and retired nurse may seek the type of compassion and quality care she once provided to others. A self-made man purportedly losing his vision may need a second opinion.
 
Sometimes resident voices are strong. They contact an administrator or family member, bring their concerns to a Resident Council meeting, or they submit a complaint.  Sometimes they see improvement. Food tastes better, clean linens are delivered, and call bells are timely answered.  Healthcare providers take time to listen. An unlawful notice of discharge is withdrawn. Other times the residents’ voices are unheard. Their legitimate concerns are dismissed as a manifestation of their age or illness.  The residents are overcome by self-doubt and fear of retaliation. Therapy and assistive devices are denied. Unauthorized reports are made to the residents’ family members. The residents experience subtle or overt retaliation. They succumb to their illnesses.
 
Residents of care facilities—nursing homes and residential care facilities—have state and federal rights in connection with, among other issues, admission, transfer, discharge, care, and daily living. Advocate Legal will listen to concerns, observe the living environment, investigate the circumstances, and assist with a complaint or appeal as necessary. Whether a resident’s voice is heard or unheard, the resident and their advocate can together procure services, preserve dignity and rights, and improve quality of life and care.

Equally important are the rights, care and dignity of those individuals whose circumstances have enabled them to age within their homes and communities. Advocate Legal is similarly available to such individuals and their families, as they encounter challenges, make decisions, and anticipate their future needs. Their voices matter too. 



Consumer Concerns

Whether receiving services from an institution such as a care facility or school, or conducting business within the community, there are times when seemingly small concerns arise that have a large impact on people’s rights, safety, and/or peace of mind. Sometimes such issues can be resolved through a listening ear and limited legal assistance (e.g., preparation of a letter, document review, or assistance with a court filing or appearance). Advocate Legal considers undertaking such matters on a case by case basis and as appropriate under the law.   




Alternative Dispute Resolution

Although there are instances in which it is advisable to approach a conflict head-on through the courts, the decision to litigate should not be taken lightly. Litigation is adversarial by its nature and can be destructive to self and others, as depositions, written discovery, motions, court appearances, deadlines, and trial can take a personal and financial toll.  There are alternatives to litigation, and Advocate Legal is honored to consider guiding or supporting interested parties through negotiations, mediation, conciliation, or arbitration.