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New Jersey Education Law Questions & Answers
1 Answer | Asked in Education Law and Juvenile Law for New Jersey on
Q: Hello. I would like to know if it is possible to start a lawsuit against my childrens' school district
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 30, 2022

Sorry, but your question is incomplete as we cant answer same without some facts

1 Answer | Asked in Education Law for New Jersey on
Q: My son who is autistic and 6 years old has tree nut allergies, in the special needs school he attends he grabbed a piece

of peanut butter sandwich from his classmate and ate a piece of it resulting in vomitting and school nurse had to give him epipen shot and send him to ER on a ambulance, is the school liable for the medical costs of the Ambulance ride and ER visit. The teachers and school nurse are aware of his nut... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 27, 2022

The question is not so much education as damages. Does your son have an IEP and is there a designated peanut free area and was he at it? Before one can answer your question, those questions posed would need to be answered. Sorry

1 Answer | Asked in Contracts, Employment Law and Education Law for New Jersey on
Q: I am a teacher for over 14 years my sick days rolled over and they decided to pay for future sick days and my previous

sick days were not paid. I went to the principal and the board, nothing came out of it. Is there anything I can do about the previous sick days? I worked for a charter school.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

Federal law does not require employers to offer any form of paid time off - you need only be paid for the hours you actually work. Thus, employers have a lot of discretion regarding changes to PTO policies. However, if you have an employment contract with the school, you should see if any language... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he/she may be charged with something, setup a consultation with a lawyer. It... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: My sons school will not let me speak to his teacher who thought he was under the influence. Am I legally allowed to?

My son is classified OHI and has an IEP. His teacher thought he was under the influence because he was exhibiting erratic behaviors. he was sent out to be drug tested, it came back negative. To prevent this from happening again, and to find out the complete story, I would like to speak with the... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 5, 2022

They can restrict direct access to the teacher, but you can convene a meeting with the IEP Team and his case manager and get to the bottom and require the teacher to be there

1 Answer | Asked in Criminal Law and Education Law for New Jersey on
Q: I'm looking for help with my daughter's virtual high school attendance...

She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... Read more »

Amber Forrester
Amber Forrester
answered on Jun 21, 2021

You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,... Read more »

1 Answer | Asked in Consumer Law, Education Law and Small Claims for New Jersey on
Q: Can a law firm charge undisclosed fees to my original balance on a student loan institutional debt?

Original debt is $2500. Has received more than $3800 in payments via state tax returns and has not released lien on School Transcript and still claims I owe despite paying over $3800. Has not given any paperwork related to my file despite repeated request. Was condescending when requested and even... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 10, 2021

Your situation would have to be determined in an in person consultation and review of all relevant documents. Depending on what is learned from that, you MAY have a cause of action under the Fair Debt Collection Practices Act. Sometimes a simple but strong letter from an experienced civil... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: Can a lawyer help with my daughter's college appeal for failing all 6 classes due to a system issue?

Only 1 teacher has agreed to work with my daughter to correct her grade. She was doing well before having to work on-line. She was not aware her teachers were not receiving her assignments and discussions thru the college system Blackboard. She received check-marks and assumed that meant she was... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2020

At this point, you may be better off reaching out to attorneys in the Education Law section (or attorneys you find on your own) instead of continuing to wait for a reply. If your daughter has academic advisors who are sympathetic, it could be worthwhile to reach out to them to discuss as well.... Read more »

1 Answer | Asked in Education Law and White Collar Crime for New Jersey on
Q: The mother of my stepson's daughter entered an abusive relationship with another man.

My stepson called DYFS and they now have an open case. This man went on and beat her and ended up in jail for DV. She initially filed a restraining order to boot. She then reneged and continued the relationship with him. He convinced her to drop the order and her charges. The state of NJ still has... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 15, 2020

This is not an Education Law Question. This should be in Family Law and/or Criminal Law. Education deals with School districts, tenure etc. Please re-post in proper group to get a proper and accurate response.

1 Answer | Asked in Education Law for New Jersey on
Q: Hello, I teach college and part of the requirements of my course is to have students write and present a lesson plan.

I asked the student to collaborate with me to write up an article and submit it to an educational journal. She said it was her property and no, she didn't want me to use her idea. There was a similar lesson online. I researched the idea and elaborated greatly. Does she have the right to... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 16, 2020

As a teacher, I believe you can with the student's permission. I would actually suggest that you try placing this question in a publishing forum or Intellectual Property forum

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jan 12, 2020

This question was recently asked and I posted the following: Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jan 11, 2020

Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in their District. Attorneys raise such cases (from outside... Read more »

1 Answer | Asked in Education Law and Libel & Slander for New Jersey on
Q: My ex husband lied on school record forms claiming he had sole custody of our daughter

My ex husband lied on school record forms claiming he had sole custody of our daughter he used us to enroll her in a new . The school policy is that they are supposed to share information with both parents. I had provided them with a copy of the court order stating we share custody. They... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 9, 2019

A. What are your damages?

B. You should probably take the concerns to the matrimonial court

1 Answer | Asked in Education Law for New Jersey on
Q: Can a Chief School Administrator receive tenure in the state of New Jersey?

I know that PL 1991, c 267 did away with contractual tenure for superintendents. Is a Superintendent tenured if he/she remains in the position for more than 7 years?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 26, 2019

No, there is no tenure for a superintendent

3 Answers | Asked in Contracts and Education Law for New Jersey on
Q: How can I get released from an online school contract in NJ?

I signed a contract with an online school unbeknownst to me that I only had 72 hours to cancel the contract.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Unless you hire a good lawyer who will read the fine lines of the entire contract you may be stuck with either having to complete the course and pay for it, or renege on the contract and possibly still have to pay for the course never taken.

Investing a few hundred dollars to have an...
Read more »

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1 Answer | Asked in Education Law for New Jersey on
Q: My child was absent 18.5 days what should happen now if I have court about this metter
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 27, 2019

Student absenteeism can lead to low academic achievement, dropping out of school, delinquency and gang involvement. School districts that have established multi-systemic approaches and policies pertaining to student absenteeism typically experience fewer numbers of dropouts and a greater number of... Read more »

2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Q: I was charged with terroristic threats and offered PTI because that’s what my public defender told me would be the best.

I would like to get an appeal and take this to trial if I could, because I wasn’t really aware what PTI was and I didn’t know that the conviction or charge would still show up as active on my record. I’ve been denied 3 jobs now, and kicked out of school because of this which I believe is... Read more »

Leon Matchin
PREMIUM
Leon Matchin
answered on Jan 29, 2019

Your best bet is to hire a private attorney to take the case to trial because sounds like the public defender's office doesn't feel that they want to spend their time taking your case to trial for whatever reason. If you have a budget for a private attorney then that's your best bet. Good luck!

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1 Answer | Asked in Education Law for New Jersey on
Q: I’m 20 years old and I live with my boyfriend and his parents. Can I sue my dad for not helping me pay for tuition?

My parents never got married but my dad is married to someone else. First my dad and my step mom were giving me a hard time to get their taxes for school. My dad is now willing to give the school his taxes but he doesn’t want to pay for any of my tuition. My mom doesn’t mind helping me pay for... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 4, 2018

No you can not sure your parents for not helping you with your secondary education. There is no right to go to college

2 Answers | Asked in Bankruptcy and Education Law for New Jersey on
Q: Does discharging student loans require a specialized bankruptcy attorney? Does it always require litigation?

How is cost approximated?

Michael David Siegel
Michael David Siegel
answered on Aug 10, 2018

The likelihood of you discharging a student loan in bankruptcy is something close to zero. Do the Dept. of Ed. payment plan program.

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