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Education Law Questions & Answers
1 Answer | Asked in Education Law and Family Law for Michigan on
Q: My wife and child were a victim of intimidating and verbally abusive behavior from a teacher at my sons school

Can i file a ppo on my sons behalf? It has affected his ability to feel safe and comfortable at school and is affecting his education

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

What is the school saying about this? That should be your first stop.

1 Answer | Asked in Education Law for Texas on
Q: Do colleges have to support SGAs financially and if so how much money do they need to provide?

I am the Parliamentarian for Dallas College Richland Campus and we have a financial problem with our college, they are not providing us enough money so that we may do stuff for students on campus and actually make changes, every time we ask them they shrug us off, can we as SGA sue them or demand a... Read more »

John Michael Frick
John Michael Frick
answered on Oct 5, 2022

Each year, a portion of a college's student activity fee is allocated to SGA. This is not intended to be the sole source of funding as SGAs are expected to hold their own fund-raising activities throughout the year. Before taking legal action, you need to check to determine whether the... Read more »

1 Answer | Asked in Education Law for California on
Q: School district refuses to release student for interdistrict transfer

If your zoned school district ( due to low performing assigned school) refuses to release your child to go to another school district of choice? What steps can I take for me to be granted release?

James L. Arrasmith
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answered on Oct 4, 2022

You can generally appeal these decisions to the review board.

1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Family Law and Education Law for Mississippi on
Q: Can my child be enrolled under a former last name if the order was made to change and it has been changed for +1 year?

I, Dad, have joint legal custody, whereas 'Mom' has paramount physical, custody, and care. In the order, I was granted permission to change one of our daughters' names (Child S) as the other already had my last name (Child F). Child S is enrolled in school as SR instead of SH. She... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

You certainly recognize the problem, and the fact that a lawyer could help. You can order a birth certificate at the clerk's office in the county where she was born if it is in Florida. In other situations, contact the Bureau of Vital Statistics for the state of birth.

Once you have...
Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... Read more »

1 Answer | Asked in Education Law for California on
Q: My daughter currently has a 504 plan, but she needs an IEP instead.

The school performed the assessment as requested, and when they presented the results, they said my daughter

" does not meet qualification criteria under the category of Other Health Impaired" so they put her under a 504 plan. At the time (11/08/21) i knew nothing about... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are attorneys who handle education law. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for Washington on
Q: PE teacher slapped back of daughters hand

My daughter is in middle school in Washington state. She went to school today wearing some wedged boots forgetting that today was PE. When she entered the gym both teachers surrounded her and belittled her. They also made her hold her hand out and slapped the back of her hand. Do I have any... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

A Washington attorney could advise best, but your question remains open for a week. I'm sorry this happened to your daughter. From the situation you describe, it's possible evidence could be of a fleeting nature in terms of video recordings or eyewitness recollection. You could reach out... Read more »

1 Answer | Asked in Education Law for California on
Q: Can parents in California still choose to opt their children out from state testing, even at charter schools?

Our charter school is saying the students “will participate in [the testing]” but isn’t that contrary to California Education Code section 60615?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

Parents have several different options for their children's schooling in California, some of which do not require "state testing." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Education Law for Louisiana on
Q: My special needs son was charged with atemped simple burgury of an inhabited dwelling
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2022

You did not post your question(s), but based on what you did write, my recommendation is that you please contact a lawyer in your area to discuss your options going forward and how to best assist your son with mitigating what can happen.

3 Answers | Asked in Education Law and Personal Injury for California on
Q: I have a need for legal counsel my 10yr old son has been assaulted at elem school I have been making complaints 2020 no

He’s been touched in private areas now teacher making him feel not worth living has suicidal ideation I asked for help with principal,school police, superintendent and the city mayor and all say my son needs to learn to deal with other people not liking him not any care about his mental state I... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 20, 2022

I am so sorry to hear about your sons sexual assault. That is horrible. It's even worse when it involves a person who is in a position of trust like a teacher. Contact one of the attorneys on this forum for a free consultation. Most of us accept cases throughout the state including Jurupa... Read more »

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 18, 2022

Fairly broad question, but generally, when the Supreme Court (or lower courts within the circuit) decide a case that involves federal law -- such as the United States Constitution -- the court applies it to the state-level as well.

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

This a civics question. The state courts have appellate courts; in CA, the highest state court is the California Supreme Court. State appellate law dictates state law issues (related to the state constitution, statutes, regulations, etc.), unless the United State Supreme Court speaks on a given... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Education Law and Personal Injury for California on
Q: Liability? My neice hit a kid who was bullying a disabled child.

Now the parents are demanding 800$ for insurance deductible to repair broken teeth.. can the school be held responsible for any part?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 12, 2022

Possibly. The school may have breached its duty to deal with the bullying. However, the causation is likely a factor here -- because the attack on the child was not the direct result of the school's possible negligence.

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

1 Answer | Asked in Education Law and Juvenile Law for Maryland on
Q: Is it illegal (e.g. "wiretapping") to record the air quality of my daughter's school without first obtaining permission?

I sent my daughter with a CO2 (carbon dioxide) monitor to school to check the ventilation level of her classroom. Is there some legal reason to have obtained permission from the school to record this kind of information (no audio or video, or any identifying information was ever recorded)? (There... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

County Boards of Education set the rules on what electronic devices are allowed to be brought onto school campus. This is not a wiretapping issue as it does not concern collection of communications between humans.

1 Answer | Asked in Contracts, Employment Law and Education Law for Arkansas on
Q: Am I required to supervise students off contracted time for free.

My principal stated that all certified staff are required to come in before our contracted hours and stay afterwards to supervise students for free. She also says that if we don’t, we will be written up for insubordination and that those of us with second jobs would have to make other... Read more »

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 7, 2022

Thanks and no you are not required to work more than the time you are contracted for. Working off the clock is illegal in Arkansas.

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