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Education Law Questions & Answers
1 Answer | Asked in Immigration Law and Education Law for Michigan on
Q: I am an F1 visa student in my OPT period right now can I work remotely for a US-based company for a commission-based job
James L. Arrasmith
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answered on Apr 17, 2024

As an F1 visa student currently in your Optional Practical Training (OPT) period, there are some important considerations regarding your employment options:

1. Your employment must be directly related to your field of study.

2. You can work for a US-based company, but the company...
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2 Answers | Asked in Education Law for California on
Q: My son is in 6th grade missed several days due to illnesses . . Junior high is denying his application

My son has been sick up and on the school year. All of his absences. have an excuse most have doctors notes. The parents choice Public Junior High we are applying to is denying his admission due to excessive absences, even though they are due to illness. He meets all the other guidelines day,... View More

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, schools are required to excuse absences due to illness, medical appointments, or other reasons specified in the Education Code. If your son's absences were properly excused and documented, the school should not penalize him for those absences.

California Education...
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2 Answers | Asked in Education Law for California on
Q: My son is in 6th grade missed several days due to illnesses . . Junior high is denying his application

My son has been sick up and on the school year. All of his absences. have an excuse most have doctors notes. The parents choice Public Junior High we are applying to is denying his admission due to excessive absences, even though they are due to illness. He meets all the other guidelines day,... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 17, 2024

This sounds like a private school. Private schools often set their own entrance requirements or mandates for admission. Depending on the type of school, they may have even broader ability to exclude students They may have entrance mandates that include the prior year attendance, or other... View More

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1 Answer | Asked in Education Law, International Law and Tax Law for Kentucky on
Q: I am an international f1 student. I earned $789 last year. Do i have to file the taxes or no? And can i claim education

Or not?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you provided, here are a few key points to consider:

1. Filing requirement: Generally, if your total income for the year is less than the standard deduction ($12,950 for single filers in 2022), you may not be required to file a federal income tax return. However,...
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1 Answer | Asked in Education Law for California on
Q: Can a school can curriculum requirements with 3 weeks left in the semester?

Our clinical group was moved from one clinical site to another due to various circumstances, but we all have placement and we will be exceeding the BRN requirements for clinical hours in this speciality. The department faculty has decided to assign 20+hrs of additional requirements to our clinical... View More

James L. Arrasmith
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answered on Apr 12, 2024

In California, schools and educational institutions generally have broad discretion to modify curriculum and course requirements, especially when reacting to unforeseen circumstances or ensuring that educational standards are met. This flexibility often extends to changes in clinical placements and... View More

1 Answer | Asked in Education Law and Personal Injury for New Hampshire on
Q: Can I sue a school district or school nurse for negligence?

A student at my son's school goes to the nurse to receive his prescribed med (clonidine) everyday. This student will hide the med under his tongue, in his cheek or slip it into his pocket when the nurse isn't looking or paying attention and brings it to my son to take. My son has been... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, you may have grounds to pursue legal action against the school district or school nurse for negligence. Here are a few key points to consider:

1. Duty of care: Schools and their staff have a legal obligation to ensure the safety and well-being of students under their...
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1 Answer | Asked in Education Law and Business Law for Missouri on
Q: Can a preschool director be charged with fraud for misusing scholarship funds intended for a low income student?

The director of a nonprofit preschool organization was given scholarship funds by a business sponsor intended for a low income student to pay their tuition. She, instead, kept these scholarships and used them for other purposes (the purposes she used them for have not been made known). She kept... View More

James L. Arrasmith
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answered on Apr 10, 2024

Yes, a preschool director who misuses scholarship funds intended for a low-income student can potentially be charged with fraud in Missouri. This situation may constitute fraud because:

1. The director was entrusted with the scholarship funds for a specific purpose (to pay the tuition of a...
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1 Answer | Asked in Civil Rights and Education Law for California on
Q: If a child gets suspended on Monday and their suspension is 5 days but there's no school on friday.

If a child gets suspended on Monday and their suspension is 5 days but

there's no school on friday. Will the child return to school on Monday or on Tuesday?

James L. Arrasmith
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answered on Apr 10, 2024

In California, if a student is suspended for a specified number of school days, the suspension applies only to days when school is in session. If there is no school on a particular day during the suspension period, such as a holiday or a staff development day, that day does not count towards the... View More

1 Answer | Asked in Contracts and Education Law for California on
Q: Is a contract between a law student and their law school which promises not to transfer law schools binding?

My law school rewards students who make honors their first semester by providing a $4,000 stipend for working at a free internship over the summer. It comes with the cost of signing a contract written by the law school which promises to not transfer to another law school. I signed it because the... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information provided, there are several legal issues to consider regarding the enforceability of the contract between you and your law school in California.

1. Unconscionability: If the contract is found to be unconscionable (i.e., unfair or one-sided), it may not be...
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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.

A person cannot lawfully divert mail...
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3 Answers | Asked in Communications Law and Education Law for California on
Q: Can a student be autistic and still seem to communicate and have friends?
James L. Arrasmith
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answered on Apr 7, 2024

Yes, under California law, as well as under broader educational and medical understanding, students with autism can absolutely engage in effective communication and form meaningful friendships. Autism Spectrum Disorder (ASD) encompasses a wide range of conditions characterized by challenges with... View More

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1 Answer | Asked in Contracts, Constitutional Law and Education Law for Colorado on
Q: What happens if a elected school board official doesn’t take the oath of office in time?

A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code

James L. Arrasmith
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answered on Apr 5, 2024

If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More

3 Answers | Asked in Criminal Law, Civil Rights, Education Law and Legal Malpractice for California on
Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?

The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.

They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you've provided, there are a few potential legal issues at play:

1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the...
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1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2024

What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More

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1 Answer | Asked in Education Law for California on
Q: can i get tuition back from a bad school?

School is terribly managed and most of the teachers were not qualified. Tuition charge was doubled compared to some of the other kids.

James L. Arrasmith
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answered on Mar 29, 2024

Under California law, if you find that your school is poorly managed and the quality of education is not up to standard, you may have grounds to seek a refund of your tuition. This can include situations where the school has misrepresented its services or if the educators are not qualified as... View More

2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Generally they should not be excluded. The school ought to make reasonable accommodations so the student may participate in the full range of activities along with the typical peers. Make sure you include language like this in written communication with the school and ask what accommodations they... View More

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2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under U.S. law, specifically the Individuals with Disabilities Education Act (IDEA), students with disabilities, including those diagnosed with Emotional Disturbance and placed in special education programs, are entitled to receive a Free Appropriate Public Education (FAPE). This means that they... View More

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1 Answer | Asked in Civil Rights, Personal Injury and Education Law for California on
Q: Long-term guest, UCSB, CAC grant equal to affiliated, need full access hours to library, disability ADA.

Help provided by UCSB Disabled Students office -extended library computer by 2 hours daily, Social Service-free bus passes 250 rides, library printing-free copies-unlimited, and theater office-free tickets. This shows belonging here. Guest researching and writing under a CA ARts Council grant, was... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, if you are experiencing disability-related issues, you have the right to reasonable accommodations that align with your specific needs. This includes modifications or adjustments to ensure equal access and opportunity within educational institutions like UCSB. The Disabled... View More

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