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Education Law Questions & Answers
1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I had a stroke last year which affected my ability to speak. , my school is threatening to terminate me, can they ?

I am a public school teacher for over 5 years

Todd B. Kotler
Todd B. Kotler
answered on Jun 6, 2023

You should review your contract and your collective bargaining agreement. Have you contacted your union rep? Whether they can terminate you will depend on the language on the agreements. Do either mention clarity of speech as a physical requirement for your job? You also may want to contemplate... Read more »

1 Answer | Asked in Civil Rights, Education Law and Personal Injury on
Q: Am I entitled to compensation?

My university accidentally sent my private information to another student and they sent me the private information of that other student. Was this a GDPR breach?

John Michael Frick
John Michael Frick
answered on May 27, 2023

It depends on whether you sustained any legally compensable damages as a result of someone else using the private information the university sent to another student.

For example, if the university gave out your credit card number and CVV, and someone used it to make a purchase, the...
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2 Answers | Asked in Family Law, Personal Injury, Education Law and Wrongful Death for California on
Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?

Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... Read more »

James L. Arrasmith
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answered on May 22, 2023

When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Family Law for Georgia on
Q: What can I do? This is my son's future!!

My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 18, 2023

You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... Read more »

1 Answer | Asked in Copyright, Business Law, Education Law and Intellectual Property for California on
Q: What options are there to publish a translation of a book/material for which the author is unknown?

For example, material/manuscripts from obscure/ancient origins and unknown copyright.

Is it legally permissible to publish a translation of such works and state that the author is unknown?

James L. Arrasmith
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answered on May 16, 2023

Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... Read more »

1 Answer | Asked in Education Law for Mississippi on
Q: Do you have to have proof that your child is being bullied? The school is choosing to believe the bullies and not my chi

My child is transgender. This has been going on for two years. Today everything blew up. They basically do not believe us.

Todd B. Kotler
Todd B. Kotler
answered on May 16, 2023

One needs proof in any legal dispute. What you need to do is write the individuals at the school with whom you spoke. Copy the principal and superintendent. If you previously wrote to or spoke to the school about this matter, reference the dates that those communications occur. Explain to the... Read more »

1 Answer | Asked in Child Custody, Education Law and Family Law for Kentucky on
Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

NF who is her son did not technically sign him into school this year. His grandma and her husband did, they signed above the parent/guardian. Childs father signed above the other. Im not forsure what he signed for. Question is , Bc of them standing as De Facto custodian, could they do this? Every... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Kansas on
Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?

i turn 17 in november, and am adopted.

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... Read more »

2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
Read more »

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1 Answer | Asked in Education Law for California on
Q: Can I choose to enroll my 6 year old in Kindergarten and does that count as compuslory full-time education?
James L. Arrasmith
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answered on May 9, 2023

In most states in the United States, children are required to attend school from a certain age until they reach a certain grade level. The age and grade level requirements vary by state, but generally, children must attend school from age 5 or 6 until they reach age 16 or 18.

In many...
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1 Answer | Asked in Business Formation, Business Law, Contracts and Education Law for California on
Q: If education therapy as a profession is not regulated in California, why are university extension programs in business?

Students who are awarded a certificate of completion in ED Therapy, believe that they are qualified to address a student’s social emotional needs. They also promote themselves as being capable of performing educational evaluations. They charge exorbitant fees knowing full well that the... Read more »

James L. Arrasmith
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answered on May 9, 2023

Hi there!

In California, education therapy is not a licensed or regulated profession, meaning that there is no official body or government agency responsible for overseeing the education therapy industry. This lack of regulation can create confusion and uncertainty for individuals seeking...
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1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Principal has pulled audio from library surveillance camera to support discipline actions against employees for venting

In our library after school, there was a venting conversation about things going on in our school and the frustration that another group of people will be resigning. This was wrong. I know that. This was on a day where the space was closed. Just providing background information.

The next... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 6, 2023

While i'm not a Georgia attorney, this sounds like an employment issue rather than an education issue. You should contact your union, you should also review your employment contract or collective bargaining agreement to see whether or not you have already consented to recording through your... Read more »

1 Answer | Asked in Education Law and Internet Law on
Q: I found a security hole and logged into someone's account at my college to find the answer of one assessment

I’m a software development student, I know what I did is wrong and I’m really sad. I’m afraid what can happen if someone find what I did

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Your answer will be found in your student code of conduct (sometimes called an honor code at some colleges). In most schools, what you have done is punishable by expulsion. Do NOT talk about this with anyone other than your attorney. Seek one out who is familiar with your school. Depending on... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Maryland on
Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation

CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... Read more »

1 Answer | Asked in Education Law and Juvenile Law for California on
Q: My 15 yr old was search after school review the school cameras, now she has court. How can I get a copy?

My daughter says they didn’t have any reason to search her, I want to make sure her rights weren’t violated.

James L. Arrasmith
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answered on May 3, 2023

If your 15-year-old daughter is facing charges and has a court date as a result of a search at her school, you may be able to obtain a copy of the school's security footage through the discovery process in court. You may also wish to contact the school directly and request a copy of the... Read more »

1 Answer | Asked in Contracts and Education Law for California on
Q: We started at a SFUSD prek, and later found they will move the prek location during the summer. Never in the contract.

We were given a spot at our local SFUSD Pre-K and agreed to attend due to the close proximity to our home. We agreed and signed the contract to start in May 2023. On the first day we were told by the PreK teacher that the entire school will be moving during the Summer months to a location that is... Read more »

James L. Arrasmith
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answered on May 2, 2023

It appears that there may have been a miscommunication or oversight on the part of SFUSD regarding the location of the pre-K program. It is understandable that you would be frustrated and inconvenienced by this situation, especially if you had given up your spot at another preschool based on the... Read more »

1 Answer | Asked in Family Law and Education Law for Florida on
Q: Minor party is currently enrolled in Online school, mom refuses to go to in-person school. What can be done?

Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2023

You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... Read more »

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... Read more »

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2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2023

This looks similar to another New York question involving a dormitory smoke alarm. In my response there, I recommended reviewing the paperwork and assessing what the disciplinary action or charges are, depending on whether the hearing is through the school or through a public court. Your friend... Read more »

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2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Tim Akpinar
Tim Akpinar
answered on Apr 29, 2023

Your friend should review the hearing papers and learn who is conducting the hearing, whether internal through campus fire & safety or through a public court, what it involves in terms of charges, penalties, campus/academic discipline, etc. She could consider consulting with an attorney to... Read more »

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