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Education Law Questions & Answers
1 Answer | Asked in Education Law for Washington on
Q: I live in Washington state can a school district force a parent to put them in a residential school out of state?

My son is 12 year old with disabilities. We live in Washington state. The district sent my son to residential school in New York I was concerned with his safety. The district here in Washington state agreed for him to come home and finish school here. The day he got back to Washington everything... Read more »

Ryan Ford
Ryan Ford
answered on Jun 23, 2022

This is a complex question that requires additional information. There are circumstances where a school district can force a placement but the parent then has the option of filing for due process or revoking special education services. Depending on the circumstances, I'm often able to... Read more »

1 Answer | Asked in Child Custody, Education Law and Internet Law for Maryland on
Q: Can I seek financial retribution from child academy for forwarding emails to other parent in custody battle situation?

The other parent and I were recently in a custody battle. While my child was at this daycare/center academy, the facility forwarded my emails asking about my child's progress and wellbeing to the other parent. They then used those emails as evidence against me in court (nothing negative was... Read more »

Mark Oakley
Mark Oakley
answered on Jun 18, 2022

Unless you had sole legal custody at the time your child was in daycare and the emails were sent, or there was some contractual agreement covering confidentiality of communications, both parents would have access to their child's records at daycare. Even then, that would not prohibit an... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: School wants to hold back my child 2 years in a row. Can they do this?
Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Possibly. Does your child have an IEP? Have you requested your child be evaluated for services? Has the school provided all services? Those are more pressing questions at this time. A school generally has no interest in holding a child back arbitrarily.

1 Answer | Asked in Education Law for Washington on
Q: Is it illegal for a high school to deny graduating because of missing credits due to medical condition?

My high school won’t let me graduate because they don’t want to clear credits I didn’t obtain due to a chronic medical condition. Help please.

Tim Akpinar
Tim Akpinar
answered on May 30, 2022

A Washington attorney could advise best, but your question remains open for two weeks. If the school's conditions are in compliance with federal and state education requirements, they would likely be considered lawful. Attorneys could meaningfully advise on that after reviewing the situation... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he/she may be charged with something, setup a consultation with a lawyer. It... Read more »

Q: I need to file an appeal on an administrative hearing decision with the NV State Board of Massage Therapy.

I asked what the process was for an appeal and was told I could appeal using NRS233B.130. What type of lawyer do I need?

Tim Akpinar
Tim Akpinar
answered on May 28, 2022

A Nevada attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys who handle government/administrative law (which you've already chosen), education law, professional license/certificate matters, civil litigation, and probably a few other... Read more »

1 Answer | Asked in Education Law for New York on
Q: Is a professor allowed to ask me to have two cameras on during an exam, one to view my face and another to view my hands
Tim Akpinar
Tim Akpinar
answered on May 27, 2022

This is a fairly new area of law, and the rules are evolving as new technologies emerge. Test protocols could depend on the entity administering the exam. If an instructor's rules are not unduly burdensome or invasive of privacy, the academic institution would probably uphold them. A professor... Read more »

1 Answer | Asked in Immigration Law, Civil Rights, Education Law and Juvenile Law for Louisiana on
Q: The teacher calls my son stupid cos.he doesn't speak English
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Make an appointment with the Principal

1 Answer | Asked in Employment Law, Education Law and Libel & Slander for Virginia on
Q: My spouse has been accused (verbal and In Writing) of “forcing subordinates” to falsify documents (student grades).

Additionally, her employer (for profit college) has been accused of violating Virginia Board of Nursing practices. The institution is being represented, and tell my spouse “not to worry, they represent her too”…I am afraid she will be made scapegoat. Do I need an employment or defamation attorney?

Steven Krieger
Steven Krieger
answered on May 11, 2022

You may need both, but it depends on the allegations in the complaint and if she's a named party. If not, and she simply wants to sue for the defamation, then you only need a defamation lawyer. I don't think the company's lawyer could properly represent her as well. I'm sure... Read more »

1 Answer | Asked in Education Law for Florida on
Q: Can I file a cause of action against my child's school in federal court, for violations of FERPA?

As her parent, I cannot access her grades or the County Parent Portal, based on the school's misreading of my divorce decree and hearsay information from the other parent. The parent plan contains standard information sharing for the divorce.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 8, 2022

Perhaps, but it would probably be much more efficient, economical, and quick to explain to the school what the divorce decree provides. Or if all else fails apply to the court which issued the decree a specific order regarding the matter.

1 Answer | Asked in Education Law for New Jersey on
Q: My sons school will not let me speak to his teacher who thought he was under the influence. Am I legally allowed to?

My son is classified OHI and has an IEP. His teacher thought he was under the influence because he was exhibiting erratic behaviors. he was sent out to be drug tested, it came back negative. To prevent this from happening again, and to find out the complete story, I would like to speak with the... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 5, 2022

They can restrict direct access to the teacher, but you can convene a meeting with the IEP Team and his case manager and get to the bottom and require the teacher to be there

3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2022

I don't understand your problem. Fill out the form, sign it before a Florida notary public, and mail it to the insurance company.

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1 Answer | Asked in Business Law, Education Law and Intellectual Property for New York on
Q: Is this free work? Is this legal?

A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

If you receive college credit for the work, it is legal, like an internship.

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Education Law, Family Law, Personal Injury and Child Custody for Texas on
Q: I am the custodial parent of a 10 yr. old, the NCP withdrew her from school w/out my permission and moved, can I sue?

He has been violating judges orders and I am in the middle of filing a Petition for Habeas Corpus. I have no idea where he moved. How can the school allow that?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 15, 2022

File a police report and have him arrested for interfering with custody it is a felony .

1 Answer | Asked in Contracts, Employment Law and Education Law for Connecticut on
Q: Do I have a case? 2017 & 2018 both contractual step increase years. I took leave 2017 & returned 2018 & no step awarded

I am aware that the 2017 year leave of absence cost me the right to have a step increase. This was a decision I made willingly when I chose not to return to work that year. However in 2018 I did return to work and I was still denied a step increase they were two steps in two years and I didn’t... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 13, 2022

This depends on the specific language in your contract. You should contact a Connecticut contract attorney to review the contract regarding step increases and any potential exceptions to this rule.

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... Read more »

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1 Answer | Asked in Personal Injury and Education Law for California on
Q: Can you sue a school for negligence if your child breaks their arm and the school does not notify you?

My child broke her arm at recess. Went to the nurse, was given and ice pack and sent to class. We were not notified of the injury. Once we picked her up we saw she was crying. She told us she fell at school and her arm really hurts. As soon as we saw it we could tell it was swollen. School denies... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 31, 2022

You might have some valid claims but schools have a lot of immunity. If the school not calling you made her injuries much worse then you might have a good case for damages... but if the delay by a few hours didn't make her injuries worse then the "damages" might not be worth... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Education Law on
Q: Can I sue my university/members of staff if I'm being emotionally attacked in a zoom meeting by senior members of staff.

I have a recording of the meeting. In a zoom meeting about my university attendance with three senior teaching staff members I was told I was not being genuine and lying when I was apologising and saying I'm trying my best to be professional. The members of staff admitted that they thought I... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2022

I'm sorry for your ordeal. Unfortunately, it is difficult to evaluate things based on the brief details of your post. You could reach out to attorneys to discuss in further detail. Keep in mind that these types of cases might not necessarily be handled on a contingency basis in the same manner... Read more »

2 Answers | Asked in Criminal Law, Education Law, Internet Law and Juvenile Law for Ohio on
Q: If I record someone making a bomb threat in a school. Do I (the recorder) get first degree telecommunications harrass?

I recorded someone making a bomb threat in a class room and posted it. I am now being charged with the first degree misdemeanor telecommunications harassment. Am I guilty of this charge? I did not say anything in the video at all. I was also suspended 5 days for Filming. I am a minor by the way.... Read more »

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

Your guilt or innocence here turn on your intent. If you were a party to making the threat, that is, if you made the video with the intention of helping this other person communicate their threat, then yes, you are guilty of telecommunications harassment. If you made the recording with the... Read more »

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