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New Jersey Education Law Questions & Answers
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... View More

Stuart Nachbar
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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: 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... View 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.... View More

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... View More

Stuart Nachbar
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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

2 Answers | 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... View More

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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... View 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...
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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... View 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... View More

Leon Matchin
PREMIUM
Leon Matchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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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1 Answer | Asked in Civil Litigation, Education Law and Personal Injury for New Jersey on
Q: Can I sue a school for not having proper life guard training

I nearly died by drowning in middle school and the life guard didn’t rush to save me after screams on screams for help ..once my friend helped me to the side of the pool she walks over and says it’s not funny to play around! (im21 now) slowly the emotion impact changed my life. The... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 26, 2018

If you had a cause of action, and I am not sure if you did, you needed to bring the action within 2 years of your 18th birthday. As you stated that you are 21, you have lost any action you might have had.

2 Answers | Asked in Criminal Law, Civil Rights and Education Law for New Jersey on
Q: Is it a bias/crime when a principal says “he cannot keep the student in the general education, cause he is not normal?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 27, 2018

No that is not a bias crime, it may be other things but generally not a crime.

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1 Answer | Asked in Education Law for New Jersey on
Q: Is it legal for a district to cancel spring break?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 19, 2018

If the school district has used its allotment of snow days, there is a provision to reduce other vacation days so they can meet the the 180 day quota.

2 Answers | Asked in Education Law for New Jersey on
Q: My sons school finally gave him a full period of Orton Gillingham. How do I get it put in his IEP

He is severely dyslexic and at first grade level reading/writing.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 28, 2018

You should send a letter to the case manager requesting an amendment to the IEP without meeting.

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1 Answer | Asked in Education Law for New Jersey on
Q: What is the NJSA 18A law that states that a student can lose academic credit for the year due to excessive absences?

There is a specific statute that states that a student who misses more than 10% of the school year (or 18 unexcused absences) can lose all credit earned for that academic year. I'm looking for the exact text of that law under New Jersey Title 18A. I know it exists but I can't find it to... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 20, 2018

compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school. The attendance regulations (N.J.A.C. 6A:16-7.6), require each district board of education to develop, adopt and implement policies and procedures regarding the attendance of... View More

1 Answer | Asked in Education Law for New Jersey on
Q: Can a college nursing program change rules after you are admitted that would in effect remove you from the program?

I am currently a student at RCNJ and have been kicked out the nursing program. The rule was you can only fail one science class in the program, and then you have to retake it, pass it, and then you can continue with the program. They created a new rule that counts anatomy as two sciences because it... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2018

The school can change the rules when it sees fit to do so, as long as it is in compliance with State law. You need to see the handwriting on the wall and I'm sorry to tell you this, but you need to choose another field.

1 Answer | Asked in Family Law, Child Custody and Education Law for New Jersey on
Q: Do I have to wait until I graduate highschool to move with my grandmom.

I am 18. And my mom keeps saying I can’t leave because I am in highschool and I don’t graduate until next year. She claims it’s a new law. She also stated if I were to call the cops and have a cop escort me out that they wouldn’t be able to because she has legal rights until I finish school.

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Provided you have no disability that prevents you from understanding your legal rights, you can move out at 18 (but you cannot consume any alcohol until you're 21). But you and your mom should seek family counseling first. Also talk to your grandmother before leaving home. She may be able to... View More

1 Answer | Asked in Education Law for New Jersey on
Q: My High School would not let 18 year olds sign themselves out of school, even if they were sick. Is this legal?

At my high school the secretaries did not allow 18 year old students to sign themselves out of school to attend doctors appointments, college visits, or go home if you weren't feeling well. They required a parent or guardian to fax a note or to show up to the school to sign you out. Is this... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jan 10, 2018

Unless you are emancipated by law, the school can make this a requirement. It prevents people (Seniors) from signing themselves out and missing school, and possibly jepordize graduation

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