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Education Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Education Law for Kentucky on
Q: At my job they are trying to make my pto days require approval however it is a unique situation that needs more detail

My job is a contract job and my pto is called non contract days which they deduct partially from each paycheck to cover costs of the days I take off. Can they legally require me to get approval when my contract states that I just need to let them know as far in advance as possible when I need to... Read more »

Timothy Denison
Timothy Denison answered on Feb 13, 2022

No. The terms of your contract control.

1 Answer | Asked in Education Law for Michigan on
Q: And if I have 1st hand knowledge that they don't ?

Worked for these schools for 2 years,75% of which was during the pandemic. No deep cleaning, no change in filtration/hvac, no basic CDC protocols-the community here is small, rural, and don't believe covid exists. I am 100% sure they will not accommodate her needs. How can she take a test... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Does your child have a 504 or IEP? Those are the mechanisms that trigger accommodations. Otherwise, you're going to need to make the choice between taking the exam under the conditions they offer, not take the exam and fight that battle with school admin / school board over the resulting... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: can my fully virtual student be forced to come in person for exams?

my senior in high school has been virtual since late October, and all of last year as our schools don't follow CDC protocols. She has severe anxiety and physical health problems. She's pretty much an A student, but needs to take a couple midterm exams. This time they want to force her... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Probably. I think when it comes down to it, the school will be able to say they made reasonable accommodations.

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.

1 Answer | Asked in Education Law for New York on
Q: A memo signed and sealed by a professional engineer was rejected because the signature was next to seal and not inside

Does the seal need to be on top of signature or can it be next to it.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2022

I'm sorry your question remains open for three weeks. This could be something that a professional engineer would know better than an attorney. At this point, one option might be to contact the NYS Office of the Professions for Professional Engineering & Land Surveying to ask if they could... Read more »

3 Answers | Asked in Bankruptcy and Education Law for California on
Q: Can I go and run on my near by school field after school is over? 7 pm to 10 pm is that allowed?
David Luther Woodward
David Luther Woodward answered on Jan 25, 2022

Unfortunately, although this is a legal question, I don't have an answer.

But you can find an answer by contact the owner of the school--be it public or private--and request permission. That will be dispositive of the matter

Good Luck

d

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1 Answer | Asked in Family Law and Education Law for Kentucky on
Q: Any way to get dvo ammended

Ex wife got dvo based solely on her statement, I stipulated out of fear, depression anxiety, lack of knowledge. No proof of violence other than her word. She got sole custody based on prior dui a few years back.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

If you stipulated to the dvo, it is highly unlikely you can get it amended now.

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... Read more »

1 Answer | Asked in Education Law, Tax Law, Banking and Business Law for Oklahoma on
Q: I am on a school board for a private school.

Can a parent make a donation to the school (501c3) and then ask for the money back if they move or enroll their child elsewhere?

Charles Watts
Charles Watts answered on Jan 5, 2022

The parent can ask - but there isn't anything requiring the refund. There is no federal law, and most states classify the donation as a gift and therefore no longer the property of the person giving the donation, and thus not required to be returned. However, if the funds were donated with... Read more »

2 Answers | Asked in Contracts and Education Law for Florida on
Q: Can a college program change the passing percentage requirement from 75% to 78% while I am mid-program?

I am in a 2-year, 4 semester program at my state college. During admission and acceptance into the program, it was stated in the handbook that we needed a 75% "C" to pass each semester. During the beginning of my 3rd semester, the director of the program decided to change it to 78%... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 11, 2021

Without reading the Hughes case, I don't know if it is binding precedent in Florida; was it a federal or state case, and did it involve Mississippi statutes, or general legal principles?

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1 Answer | Asked in Contracts, Criminal Law, Education Law and Federal Crimes for Louisiana on
Q: Please contact me about my rights with law enforcement and judges.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2021

Your question is way to vague to answer. Call a criminal lawyer

2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 21, 2021

If you are using them consistently you would need a license.

You need to talk to an attorney.

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1 Answer | Asked in Contracts and Education Law for Mississippi on
Q: I moved and am now 43 miles from my school, I was told that I cannot break my teaching contract

I'm in Mississippi

Hiten H Patel
Hiten H Patel answered on Nov 11, 2021

Possibly, however it depends on the contract. I would need more information regarding the language in the contract.

3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Tia L. Smith
Tia L. Smith answered on Nov 9, 2021

Assuming you qualify, once you are married, you would need to file for an adjustment of status, which is a multi-step process. Please contact immigration counsel to discuss specific requirements and costs associated with filing. Best of luck!

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1 Answer | Asked in Education Law for Michigan on
Q: An 18 year old high school student beat up my 14 year old granddaughter, also a high student,today at school. Can we pr

Can we press charges

Brent T. Geers
Brent T. Geers answered on Nov 1, 2021

You - or more accurately, your granddaughter's parent - can contact the police. What ultimately happens is determined by the prosecutor's office. They may determine that this is a school issue and should be left up to the school.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Education Law for California on
Q: Did the recipient of student loans acquired through fraudulent use of my POA break the law?

Quite recently I became aware of my estranged husband using my POA without my knowledge. He opened CC accounts and got my daughter 30K+ in student loans. I have no proof she was aware of its origins, but I believe she knew something because she halted all communication with me at the same time this... Read more »

Jonathon Maddox
Jonathon Maddox answered on Nov 1, 2021

You don't provide complete details on the POA, and whether it was limited, durable, etc. But assuming the POA was still valid, and that it included the power to open accounts on your behalf, then him being estranged doesn't all of a sudden remove the POA.

He would continue to...
Read more »

1 Answer | Asked in Animal / Dog Law and Education Law for Louisiana on
Q: Am I legally liable for dog leash laws that I didn’t know existed?

My children’s two dogs have gotten loose on two separate occasions only for a matter of minutes. Someone called animal control each time. Now I have 6 charges I have to go to court for. I didn’t think leash law was a real legal obligation. I kno ignorance of the law doesn’t mean I can break... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 1, 2021

BUILD A FENCE. Yes the owners of the dogs are responsible for the tickets.

1 Answer | Asked in Employment Law and Education Law for Tennessee on
Q: Perm Sub - can my school change my position and contract at will?

I started in July working as a Permanent Sub teaching High School English with the intent that the school that hired me would help with my pursuit of certification. I was also told that after getting my certification I would get a raise and be instated as an HS ELA teacher full stop. My contract... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Oct 29, 2021

Your answer depends greatly on the wording of the employment contract between you and your employer. I would suggest that you schedule an appointment with a local attorney who practices employment law and they can provide a better opinion after reading your contract.

1 Answer | Asked in Education Law for Texas on
Q: Can I audio record a teacher

Hi, I am a 13 year old attending a middle school in Texas. If I feel uncomfortable in a class am I legally allowed to start an audio recording on my phone so If the teacher does something that could be considered illegal/abusive I can have evidence of it.

Kimberly Winslow
Kimberly Winslow answered on Oct 28, 2021

Generally speaking, Texas is a single party consent state. That means you can record a conversation you are a part of without notifying the other party. However, at school there is a greater expectation of privacy. It is likely against school rules, and very likely infringes on the rights of... Read more »

1 Answer | Asked in Education Law for Rhode Island on
Q: Eligibility for IEP under state law - school is denying services based on assessment performance -dyslexia diagnosis

School is denying services because student has performed well on screenings in school. Have a certified diagnosis by neuropsychologist and student has been receiving reading interventions through the RTI process 3x per week by reading specialist. This is also the child's second time in... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 28, 2021

I advise requesting a formal special education evaluation, and potentially consulting with a Rhode Island special education attorney on this matter. RTI may not be used to delay/deny an evaluation.

See: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf...
Read more »

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