Legal Question in Education Law in California

When California Ed Code contradicts a House Resolution (specifically CA Ed Code 37220 and H.R. 4818, Division J, Section 111b - both referring to Constitution Days in educational facilities and H.R. 4818 requiring an educational program for Constitution Day on Sept. 17 and CA Ed Code requiring an educational program for the same on or near Sept. 17), which supersedes?

Asked on 9/18/10, 3:19 pm

1 Answer from Attorneys

Michelle Ball Law Office of Michelle Ball

Hi:

Constitution Day has been chaptered and is Federal Law- see United States Code, Title 36, section 106. It is no longer just a resolution. Federal law usually wins when there is a conflict in state and federal law unless the states grant more rights/freedoms than federal law grants (e.g. the federal law should be the minimum standard not to be breached). It also depends on whether the law is mandatory in nature.

You are asking a bit of a complex question which should be reviewed with an attorney.

Best of luck.

Michelle Ball

Law Office of Michelle Ball

California Education Attorney advocating for the rights of parents and students since 1995.

http://www.edlaw4students.com

PLEASE BE ADVISED THAT THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR FORM AN ATTORNEY CLIENT RELATIONSHIP. NOTHING HEREIN IS CONFIDENTIAL AND IT IS ADVISED THAT ALL LEGAL QUESTIONS BE EVALUATED BY A DIRECT CONSULTATION WITH AN ATTORNEY OUTSIDE OF THIS FORUM.

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Answered on 10/20/10, 12:57 pm


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