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Education Law Questions & Answers
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
PREMIUM
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
PREMIUM
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...
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1 Answer | Asked in Education Law for Massachusetts on
Q: Can the school provide the details of a ratio between sped and general ed in a classroom cohort?

I would like to know if the general ed cohort my child is in is heterogenous. She feels that it is in a targeting special ed group because she is on a IEP- I have requested the ratio of gen ed to special ed in this cohort and the school denied the request. Do I have the right to know as a member of... Read more »

Kimberly Winslow
Kimberly Winslow
answered on Oct 26, 2021

This is not a privacy concern, but there is no explicit "right to know" either. As you correctly note, you are a member of the team. The information may help you to make informed decisions about appropriateness of placement, etc.

1 Answer | Asked in Education Law and Small Claims for Oregon on
Q: I transferred schools without unregistering from the classes of the previous school. Though I did not receive education

I notified the school when I requested my transcripts. My attendance will show I did not attend any classes. Do I have a case for small claims court?

Gregory L Abbott
Gregory L Abbott
answered on Oct 22, 2021

You don't say what the school's policy is on refunds and/or withdrawal mid-term but it likely would govern. That said, if you didn't tell them I strongly doubt a court would give you any refund.

1 Answer | Asked in Contracts, Personal Injury, Education Law and Health Care Law for Nevada on
Q: What are my options for if I’m injured at school?

I’m in medical assistant school and one of the other students gave me possible nerve damage at some point during a vein puncture or injection. I went to the doctor after alerting my teacher and the doctor told me my symptoms sounded like nerve damage and to see a specialist if I don’t see... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2021

A Nevada attorney could advise best, but your question remains open for a week. You ask about your options. A starting point could be to try to arrange a consult with an attorney. Most law firms that handle injury cases offer free initial consults. Whether or not an attorney identifies the basis... Read more »

1 Answer | Asked in Education Law for Colorado on
Q: My son has a 504 plan in 6th grade was put in a room by himself cause he refused to wear a mask. is that legal?

I sent the school a letter stating that I refuse them to put a medical mask on my child. They will not comply. When my son showed up to school Thursday without a mask they removed him from class and put him in a room by himself with no direction from his teachers on how to do his school work. He... Read more »

Kimberly Winslow
Kimberly Winslow
answered on Oct 15, 2021

I'm not sure if this is still an issue, but the 504 plan is to accommodate your child's disabilities so he can access his education. Is he physically unable to wear a mask due to his ADD? If so, you should meet with the 504 team to discuss what types of accommodations can be put in... Read more »

1 Answer | Asked in Education Law for Oklahoma on
Q: Is it possible to have my child be exempt from P.E. class?

She is a straight A. student but lacks athletic ability so it causes other kids to not want to include her and get made fun of so she doesnt like school anymore. P.E. class shouldnt cause kids to feel this way. I dont see this class being necessary for her. She is in 5th grade and has loved school... Read more »

Kimberly Winslow
Kimberly Winslow
answered on Oct 15, 2021

Federal law does not require public schools to provide physical education, but many states do. Below is from 2010, so guidance may have changed. https://www.shapeamerica.org/advocacy/son/2010/upload/Oklahoma-profile.pdf

"Oklahoma mandates at least 60 minutes of physical education per...
Read more »

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Education Law for Michigan on
Q: As an 18 year old in Michigan, can my high school force me to retake my sat because "everyone did poorly" ?
Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

That you are 18 doesn't exempt you from school directives.

1 Answer | Asked in Sexual Harassment and Education Law for Florida on
Q: Can an esthetics instructor lose their license for sexually harassing students.

Recently graduated from esthetics school in Florida but it was the worst experience I've ever had. One of the things we can be taught is a Brazilian wax where all of the last but are waxed. I was the demo for my instructor and during the wax, she kept making comments along the lines “oh look... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 10, 2021

Assuming you are referring to "cosmetology" as defined in Florida Statute 477.013 (4), no, it is doubtful. The conduct you describe doesn't appear to be a crime.

2 Answers | Asked in Education Law, Personal Injury and Civil Rights for California on
Q: Help with safety and metal health at elementary school in San Jose CA

My son is 7 and is undergoing testing in school for disabilities and by his main pediatrician. He's been acting up at school more and more and he told me kids have been bullying him and hitting him and calling him names every day. During lunch time on Thursday I went to check up on him and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 10, 2021

You need an advocate for your son. There are lawyers who concentrate on education issues, especially for children like your son. Do your search in and around the bay area, where you live, and you will find those special attorneys who devote themselves to helping parents like you. They are out... Read more »

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1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

Hire a good lawyer!!!

1 Answer | Asked in Education Law for New York on
Q: can a principal ride a school bus whenever they want
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2021

It would depend on the regulations of the school district, school, and bus company. In general, principals do have broad authority to audit or inspect activities that affect the welfare and safety of students. Good luck

Tim Akpinar

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Education Law for California on
Q: My daughter was on the bus in morning modesto city schools when a group of girls jumped her well she got expelled

The other girl pushed first and it was a group of girls beating my daughter me and my older daughter arrived and got on the bus to get my daughter when the other girl attacked my older daughter and in self defense she fought back i yelked to ither girl get off her so she didnt listen so i told my... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 27, 2021

more info is needed.

are you just looking to deal with the Expulsion?

did you request a hearing or has there been one?

in other words, what are you looking for?

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