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Arizona Education Law Questions & Answers
1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
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1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 26, 2022

You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.

Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman
answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... Read more »

1 Answer | Asked in Family Law and Education Law for Arizona on
Q: My husband and I have a dispute about which school to send our child to. What happens in terms of legal matters?

If no one is willing to compromise, what will end up happening in terms of the law?

Mike Branum
Mike Branum
answered on Apr 23, 2021

The first thing to do is review your divorce decree and/or child custody order. If one parent has sole legal custody, that parent decides where the child goes to school. This would be unusual. Joint legal custody is the norm. In some instances, however, a decree or order will indicate that the... Read more »

1 Answer | Asked in Education Law for Arizona on
Q: My son was referred out of district for school. Can I get access to the financial transfers between school and district?

My son has autism and the spec ed dept in the school district referred him out of district. They premeditively signed him up for a school without my consent, and I already understand that is illegal. My son came home crying begging me to never go back. Apparently this is a behavior disorder school... Read more »

Kimberly Winslow
Kimberly Winslow
answered on Mar 5, 2021

It is a violation of IDEA for schools to place a student on an IEP out of district (or in any setting really) without parental consent. Moreover, placement should not be determined based on finances, but the needs of the student. I recommend contacting a local attorney, as I do not think, based... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui
answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Immigration Law, Education Law and Public Benefits for Arizona on
Q: I'm a senior in college and I've been using FAFSA ever since freshman year. Will that hinder my citizenship application?

I've never failed any classes. I'm actually an honor roll student and have been awarded scholarships.

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2019

If you have falsely claimed to be a U. S. citizen on the FAFSA, among other issues, you can be placed in removal proceedings for deportation.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any complications. Good luck.

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on
Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

In just one year of attending I have a $33,249.70 Student Account balance past due at Arizona State University. This is the amount owed to ASU after all Financial Aid payments ($23,000 of student loans) were applied and is growing with a $100 per month late fee. I am going to SCC for this spring... Read more »

Timothy Denison
Timothy Denison
answered on Jan 25, 2019

You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!

1 Answer | Asked in Criminal Law and Education Law for Arizona on
Q: was arrested and spent the night in jail, i saw the judge and she OR me. on my next court date when i showed up they co

I was arrested and spent the night in jail, I saw the judge and she OR me. On my next court date when i showed up they couldnt find my name in the computer. I asked what that meant and they told me the officer has a certain amount of time to turn in his paperwork and he didnt. That was a... Read more »

Zachary Divelbiss
Zachary Divelbiss
answered on Jun 12, 2018

Felonies have a seven year statute of limitation and misdemeanors have a one year statute of limitation. If you were charged with a misdemeanor and everything else you say is true, then you should strongly consider hiring an attorney to figure out all the details and fight to have your case... Read more »

1 Answer | Asked in Family Law, Child Custody, Education Law and Intellectual Property for Arizona on
Q: Father kicked me out of the house and has important stuff, I'm 16. What can I do?

I'm 16 and living with my mother now 30 miles away from my school. I still have to go to school and im wondering if I could legally stay with a friend until school is out. My father also has a case my mother opened against him and his girlfriend for refusing to let me and my sister see her but... Read more »

Peter H. Westby
Peter H. Westby
answered on May 1, 2018

You should speak with your mother and the two of you should consult with her lawyer. Her family law lawyer can assist you in recovering your belongings.

1 Answer | Asked in Education Law for Arizona on
Q: what can be done if a school did not comply with IEP requirements. from prior school current and was out of compliance

EIP expired 10/17 incident occurred they did not comply withhold IEP from prior year and now child is facing legal isdue this is failure to provide correct accommodation

Lori E. Arons
Lori E. Arons
answered on Feb 15, 2018

There is not enough information provided to answer the question. What can be done will depend on the full set of facts, and it is unclear what any of the facts are. As to "what can be done if a school did not comply with IEP requirements," the answer depends on what requirements the... Read more »

1 Answer | Asked in Civil Litigation, Education Law and Public Benefits for Arizona on
Q: Is the school district part of the local Government?
Lori E. Arons
Lori E. Arons
answered on Jan 29, 2018

The school district is considered a part of the local government. Public schools are funded by local taxes and are run by elected officials.

1 Answer | Asked in Education Law and Immigration Law for Arizona on
Q: Could my son and I stay until his high school graduation in May 2018?

My son and I are on an L2 visa. My wife is the L1 visa holder. Her L1 visa will expire on November 12, 2018. All our I-94 are still valid until November 12, 2018. However, her job assignment here in the US would end in December 2017 and will return back to the Philippines by January 2018. Just a... Read more »

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 21, 2017

Your son can request of change of status from L2 to F-1. The school or the district should have information that could help with that. There is no provision for you to stay as a student, though you might be able change your status from L2 to B1/B2 (tourist).

1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: How can I get out of my school psychologist's contract with a school district in the middle of the school year?

I am under contract with a school district in Phoenix, AZ as a school psychologist. My employment has become very stressful this year and I am becoming ill too frequently. I'd like to leave my position because we do not have any short-term disability benefits, so if I went on a leave of... Read more »

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Hard to advise on a contract without reading the agreement. Check with an employment lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Animal / Dog Law, Communications Law, Education Law, Family Law and Public Benefits for Arizona on
Q: My dog was dognapped three years ago and she is missing again the people that took her put up new flyers. Can I sue?

I have her daughter her for DNA testing I have the old flyers pictures and Facebook posts. When she first went missing we kept putting flyers up and someone kept taking them down. Now her face is on all of these flyers three years later and she still looks exactly the same. Is that legally still... Read more »

Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

If your dog was stolen, the passage of time doesn't change the fact it's your dog. There are deadlines for filing lawsuits, but sometimes exceptions apply.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Education Law for Arizona on
Q: We live in AZ. My daughter attends Desert Star Jr high school. Her art teacher is video taping their class. Sounds like

She is placing the iPad directly in their faces to antagonize them. Is the acceptable?

Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

More specifics are needed to answer. Talk to an education or school lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Education Law for Arizona on
Q: Is there a law in Arizona requiring school to reimburse families that have to drive their kids to school?

We live 23 miles from the school in Grand Canyon National Park. There is no bus that comes our way because we have the only two kids that need to be transported.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering education law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
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1 Answer | Asked in Education Law for Arizona on
Q: what can i do if i feel that my high school lied to me about my high school credits?

law had passed stating no student would have to wait to pass aims and then would get high school diploma, when that law passed my school changed the info they had on my school credits

Adam Studnicki
Adam Studnicki
answered on Aug 9, 2015

More info is needed to answer. Talk to a local education lawyer about your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and...
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1 Answer | Asked in Education Law for Arizona on
Q: Can colleges fake school rankings?

Is it illegal for a higher education institution to buy generic domain names and post fake school rankings without affiliating the site with themselves?

Adam Studnicki
Adam Studnicki
answered on Jul 18, 2015

It probably depends on how they do it, whether it would constitute false advertising.

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