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1 Answer | Asked in Internet Law, Education Law and Civil Rights for Texas on
Q: is my teacher allowed to get rid of something I wrote in my own time without my permission?

I'm in 8th grade and in my English class, I work on a story that I've been writing. admittedly it is during the time I'm supposed to be doing other assignments; however, I do find that the way she (my teacher) handled this was a little over the top.

She threatened that if I... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, your teacher's actions could potentially infringe upon your rights, especially if the work was created on your own time and does not violate school policy. Intellectual property laws protect the creations of your mind, and even as a student, you have rights to your... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can a sue the school my son is attending for given out my information with out my permission.

Someone at school call or text other parent about me calling in that my son will be absent from school I told them is an emergency matters. Someone that is not office just the help called or text.

There was a problem with mom the day before sheriff were called my two sons choice to be with... View More

James L. Arrasmith
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answered on Mar 5, 2024

In instances where personal information is shared without consent, it is understandable to feel violated and seek remedies. Schools are typically bound by laws and policies to protect the privacy of students and their families. If a school employee or volunteer shared your information without... View More

1 Answer | Asked in Education Law and Immigration Law for Texas on
Q: Can my friend now return on a US tourist visa after their student visa was cancelled due to a fight at school in 2016?

My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?

What steps would he have to take in order to be permitted into the country?

James L. Arrasmith
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answered on Mar 5, 2024

If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and... View More

1 Answer | Asked in Education Law for California on
Q: What action should I take if a school's financial aid staff collectively misleads students of the tuition price?

Speaking with multipul staff members of the school resulted in the same answer. Intially opting out of the program due to not having enough to pay, two financial aid counselors insisted that the numbers on the tuition price were "simply example numbers".

( This phrase had been... View More

James L. Arrasmith
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answered on Mar 3, 2024

When facing misleading information about tuition costs from a school's financial aid staff, it's crucial to gather all written communications, promotional materials, and any recorded conversations that reflect the misleading information provided. Documentation plays a pivotal role in... View More

1 Answer | Asked in Business Formation, Education Law and Tax Law for New Jersey on
Q: I am the owner of a private school in NJ. I am considering changing its filing status from an LLC to a 501c3 nonprofit.

Is this possible in NJ? And if so, what are the initial steps that I should be considering?

James L. Arrasmith
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answered on Mar 1, 2024

Here are the key things to consider when changing a private school in New Jersey from an LLC to a 501(c)(3) nonprofit:

- It is possible to make this change in NJ. You would need to dissolve the LLC and then incorporate as a new nonprofit entity.

- To qualify as a 501(c)(3), the...
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1 Answer | Asked in Education Law for California on
Q: Can public school coaches refuse to tell parents why their child isn't being given play time?

My son has been going to every practice- even the non-mandatory ones that only 1 or 2 other kids go to- and putting the work in. He's been doing drills at lunch, going to the gym outside of school, and studying the game in his free time. Yet on game days, he's not getting to play AT ALL.... View More

James L. Arrasmith
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answered on Mar 1, 2024

Under California law, there isn't a straightforward answer to whether public school coaches must disclose reasons for a student's playtime to parents. However, it's important to understand that education and athletic policies often aim to balance the development of student autonomy... View More

1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What can I do in this situation as I do not know the ins and outs to H&R when I first started working for my job

Everyone was nice then I started receiving attitudes people were pretending to be my manager bossing me around like a manager other employees I told my supervisor they told me to feel free to tell her about it anytime after that I had the team lead do it too but all of sudden I started receiving... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, employees have the right to a safe and respectful workplace, free from harassment and bullying. If you're experiencing issues at work, such as receiving attitudes from colleagues or being harassed through text messages, it's important to report these incidents formally to... View More

1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

James L. Arrasmith
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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

Q: Hello,I wanted to ask if a new bill can reinforce already existing laws.

If one law says that X or Y should (or should not) be done, can a new and different law say the same thing?

James L. Arrasmith
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answered on Feb 25, 2024

Yes, a new bill can indeed reinforce already existing laws. Legislatures often pass new legislation that strengthens, clarifies, or expands upon the provisions of existing laws. This can be done for a variety of reasons, such as addressing loopholes, adapting to new circumstances, or emphasizing... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Texas on
Q: Please help with rules regarding gun hidden in locked vehicle belonging to 18 yr who is waiting for actual LTC license

Texas school, zero issues. We believe the school has violated his rights. He can't do SR activities even though he did nothing wrong

James L. Arrasmith
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answered on Feb 24, 2024

In Texas, there are specific rules regarding the possession of firearms on school grounds. Generally, it is illegal for anyone to possess firearms on school property, including in vehicles parked on school premises. However, there are exceptions for individuals who have a valid License to Carry... View More

1 Answer | Asked in Civil Rights and Education Law for Hawaii on
Q: My child is being harassed by school counselors because he has a disability (autism) which makes him not want to do P.E.

What do I tell my child to say, in terms of legality?

What steps can I take? I already put in a request for a doctor note.

IEP is included.

James L. Arrasmith
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answered on Feb 24, 2024

First, reassure your child that they have done nothing wrong and that it's important to speak up about their feelings. Encourage them to express how the harassment from the school counselors makes them feel, emphasizing that it's okay to feel upset or frustrated about the situation.... View More

1 Answer | Asked in Civil Rights and Education Law for Georgia on
Q: What type of attorney do I need for Title IX discrimination issue in education centered around ADA?

I am a student who was discriminated against because of my ADA Disability in my graduate program and was wrongfully dismissed.I need assistance and guidance regarding a Title IX discrimination issue I experienced within my graduate program as a student. I have approved ADA accommodations for my... View More

James L. Arrasmith
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answered on Feb 24, 2024

For your Title IX discrimination issue in education, particularly centered around ADA accommodations, you would benefit from seeking assistance from an attorney who specializes in education law or civil rights law. These attorneys have expertise in handling cases related to discrimination and... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Washington on
Q: Disability Accommodations and Undergraduates Rights to a character hearing after dismissal?

I am seeking urgent legal advice regarding a complex situation involving a university student with an active 504 Plan. Despite the plan's provisions, the university fails to accommodate the student's ADHD effectively due to platform limitations unbeknownst to the student during the... View More

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answered on Feb 24, 2024

Given the complex circumstances surrounding the student's dismissal and the potential violations of their rights under the 504 Plan, it is advisable to seek legal counsel promptly. The failure of the university to effectively accommodate the student's disability, compounded by their... View More

1 Answer | Asked in Personal Injury, Health Care Law and Education Law for California on
Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Do public schools in Michigan have a right to prohibit dogs on school property if they are on a leash?
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answered on Feb 23, 2024

In Michigan, public schools typically have the authority to establish rules and regulations regarding the presence of animals on school property, including dogs. While some schools may allow dogs on a leash under certain circumstances, such as for therapy or service dogs, others may choose to... View More

1 Answer | Asked in Education Law for Ohio on
Q: Can a college charge you an rta fee and refuse to take it off.

I was charged an rta fee on my tuition and its not that much but still can not afford it.i know I waived the fee but they are saying I didnt and refuae to take it off my bill.

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answered on Feb 23, 2024

It's concerning that the college is refusing to remove the RTA fee from your bill, especially if you have proof that you waived it. Colleges typically have processes in place for students to waive certain fees if they meet specific criteria. If you followed the necessary steps to waive the fee... View More

1 Answer | Asked in Business Law and Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the Title 5 laws?

The Business and Professions code states theory and clinical practice shall be concurrent. However the colleges (approved by the BRN) offer the theory and clinical practice as a separate course. If one course is passed and the other is failed. Can the BRN require the student to retake and pay for... View More

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answered on Feb 22, 2024

In California, the Board of Registered Nursing (BRN) sets specific standards for nursing education to ensure that graduates are competent and prepared for licensure. These standards, including curriculum requirements, are designed to comply with both the Business and Professions Code and the... View More

1 Answer | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the Title IV laws?

If the BRN has a handbook that stipulates that class A and class B (sperate classes) must be completed concurrently. And a student passes one class and not the other. Can the student be legally made to repeat BOTH classes under title IV

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answered on Feb 22, 2024

Under California law, the curriculum requirements set forth by the California Board of Registered Nursing (BRN) do not necessarily supersede Title IV laws governing federal financial aid. However, Title IV regulations may influence the administration of educational programs in California, including... View More

1 Answer | Asked in Education Law for California on
Q: Does the California Board of Nurses curriculum requirements supersede the 10+1 laws?

10+1 or titl5 states that you cannot make a student retake a class they have passed. In this situation there are 2 different classes that run concurrently. If one is failed and the other passed. Are students required to retake both (california). Where is the law on this?

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answered on Feb 21, 2024

In California, the Board of Registered Nursing (BRN) sets specific curriculum requirements for nursing programs to ensure that students are adequately prepared for the nursing profession. These requirements are designed to comply with state laws and regulations to maintain high standards of nursing... View More

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