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New Jersey Education Law Questions & Answers
1 Answer | Asked in Education Law for New Jersey on
Q: GM, Efrain Are for the record. On 12-21-2018 , A summon NJSA 18A-25-38 etl,seq. Was issue again me. I have a child that

Doesn't want to attend school. Conclusion to these behavior, He

Is going through withdrawal separation of his mother. Mothers

Deceased, child is 16 years of age. Want is a helpful arguement?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 12, 2018

Every parent, guardian or other person having custody and control of a child between the ages of six and 16 years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for... View More

1 Answer | Asked in Education Law and Traffic Tickets for New Jersey on
Q: My 14 year old was with a group of friends in school they were using a flavored vapor. She had to get drug tested then

Received a ticket from police dept that she had a mandatory court date. Can at 14

you be issued a ticket through the mail.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 12, 2017

Yes you can get summoned for court even at 14 that is what juvenile court is for. You should get her a lawyer.

2 Answers | Asked in Criminal Law, Federal Crimes and Education Law for New Jersey on
Q: If a teacher refuses to follow emergency evacuation procedures deliberately, what law does that fall under?

During an actual evacuation in a public high school, a teacher was directed by administration to leave the building immediately. The teacher refused and continued to remain in the building to obtain an item.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 4, 2017

It would probably fall under an employment law problem.

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1 Answer | Asked in Education Law and Juvenile Law for New Jersey on
Q: Is it legal for three adults / school officials to question a 6 year old alone and without parent consent?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 1, 2017

Unless it is a dire emergency regarding health and safety of other students, I don't think so

1 Answer | Asked in Education Law for New Jersey on
Q: In middle school (8th grade) I was suspended for fooling around on the bus. Will colleges be able to see that? Thank you

My highschool record was very clean for the most part (had a lunch detention in my sophomore year) but my grades are good and my SAT scores are on the higher end of NYU's average. (I am hoping to get into NYU)

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 28, 2017

No they will not be looking at that, but keep your nose clean and,make sure that you keep your grades up and stay out of trouble

1 Answer | Asked in Family Law and Education Law for New Jersey on
Q: Is it illegal for a teacher to ask you a question that you dont want to answer and they force you?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2017

More information is necessary to provide you with a meaningful answer.

1 Answer | Asked in Education Law for New Jersey on
Q: My son uses a school bus. It takes 1.5hr to get home. What is max amount of time?

My son uses a school bus to go to and from school.

It takes 1hr 30min to get home. Are there any rules regarding the amount of time a child is allowed to travel on a bus?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2017

No there are not. As long as in district and district provided, sometimes they take longer than we would like

1 Answer | Asked in Civil Rights and Education Law for New Jersey on
Q: Can my 6 year old ADHD son be kicked out of aftercare? He has an IEP in school. I believe he is protected by the ADA.

He got his 2nd warning yesterday for pushing a student. He is extremely impulsive and cannot control himself. I read the aftercare's policy handbook and it said students can be terminated if physical towards other kids, but at the end of the handbook it states that they abide by the American... View More

Lori E. Arons
Lori E. Arons
answered on Jan 30, 2018

It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where... View More

1 Answer | Asked in Education Law for New Jersey on
Q: Can school administrator suspend a student for fighting another student off of school property /outside of school hours?

My daughter came home from school, dropped of her backpack then went out with a friend. At that time she ran into another girl who threatened to beat my daughter up the night before. There was a verbal exchange followed by physical contact. The following day the asst principal served my daughter... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 25, 2017

Unless there is a Code of Conduct that is given to the students, that specifically states conduct outside of school grounds and NOT at a School function or at a School Sanctioned event, I do not think that this can be done.

1 Answer | Asked in Education Law for New Jersey on
Q: I missed 40 days of school and live in New Jersey and would like to know how I can make my school pass me

My school has a rule that you can't miss more than 12 days unexcused or you fail. I would like to know where this stands on a legal level. These absences include days when I was marked absent but was present and if I were late to school 4 times would make an absence. I would like to know of... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 1, 2017

See the following article and website for your answer..http://www.state.nj.us/education/students/safety/behavior/attendance/

1 Answer | Asked in Personal Injury and Education Law for New Jersey on
Q: With doctor's notes my son's(spec. ed.) HS won't continue his home instruction. PTSD dx due to drug overdose at school

I am submitting another note today. Michael sees a child psychologist weekly. School wants our son to see psychriatrist, and we don't want this. Please advise. Thank you.

Peter N. Munsing
Peter N. Munsing
answered on Sep 23, 2016

Hard to answer without knowing your son's diagnosis. Cuggest you contact the Education Law Center in Philadelphia --they would at least know a similar organization in NJ and could perhaps give you an outline of what the Department Of Education regs require. If you haven't explored why... View More

1 Answer | Asked in Education Law and Personal Injury for New Jersey on
Q: Can I sue a school district for a teacher/coach leaving my son injured at another school by himself?
Peter N. Munsing
Peter N. Munsing
answered on Jun 25, 2016

Much depends on the injury and circumstances, but if he came out of it with the injury not being made worse, the amount you would get would not be worth an attorney taking it.In other words, you only collect based on the damage that did happen, not what could have happened.I realize in these... View More

1 Answer | Asked in Education Law and Personal Injury for New Jersey on
Q: Can I sue the school district for leaving my child injured and unattended in another school district?

Can I sue the school district for leaving my child injured and unattended in another school district?

My son was a varsity basketball player and was taken by his coach via school bus to another high school to play against another school. My son was injured and needed medical attention. My... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 28, 2016

Suggest you contact a member of the NJ Assn for Justice who handles education issues. They give free consultations. However, it sounds like nothing bad happened, and the law only gives damages for what did happen, not what could have happened.

1 Answer | Asked in Consumer Law and Education Law for New Jersey on
Q: My previous college ran my credit without a signed authorization. Can anything be done?

I graduated from the school about 5 years ago and have been making monthly payments ever since. I received a notice in the mail about account changes and it stated potential credit inquiry may occur. The letter was received after the hard inquiry took place. I thought the credit inquiry was fraud... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2016

Your question(s) and concerns are too fact specific to be answered in this forum, since a review of the documents is necessary for a meaningful answer. You will need to have an in person consultation with an attorney.

1 Answer | Asked in Education Law and Juvenile Law for New Jersey on
Q: I want my pub. school dist. to pay to send my child to a new school. What type of attorney specialization do I look for.

The public school my daughter attends was caught cheating on a state standardized test a few years ago by parents.

The parents sued and made the district pay to send their child to a private school. The settlement was kept quiet and I do not think the state was informed of the cheating... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2016

You need an education law attorney. Good luck.

1 Answer | Asked in Education Law for New Jersey on
Q: I have an autistic 13 year grandson and my daughter may have to go to court against the school system.

The school system is not cooperating with giving what he needs. Her next step is mediation and if that doesn't do it, court is only option. She does have an education advocate helping her, but has low income and could not afford to go to court.

Is it possible to get a,pro bono atty to help?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2016

Contact your local bar association, and autistic charitable associations. You need to retain an attorney. If you can't afford an attorney you need to contact legal services and the local law school legal clinics. Good luck.

1 Answer | Asked in Education Law for New Jersey on
Q: Can a school hold your transcripts because you have a loan from a private lender that is delinquent?

The loan isn't through the school

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2016

YES, they certainly can. It does not matter whether or not the loan was through the school or not. You received a substantial benefit (education), which you have either not paid for or maybe partially paid for, so why would you feel entitled to the transcripts? If you work for someone or perform a... View More

1 Answer | Asked in Consumer Law and Education Law for New Jersey on
Q: Can i Sue school for fraud or get included on the class action lawsuit against Le Cordon Bleu Culinary school.

Attended there between 2006-2008, before attending they made promises and gave false information to students about the validity of their degrees are seen in the hospitality industry. Told people me they would line me up with an externship on East coast, and help find jobs here also, which they... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2016

Chances are if they are closing, they MAY also file for Bankruptcy, in which case you would get nothing. You should contact the State Attorney General where they are based and call the NJ AG as well. Sorry I can't give you any better information. Good luck.

2 Answers | Asked in Education Law for New Jersey on
Q: I want to become a lawyer in the state of New Jersey but would like to earn my bachelor's degree and law degree in the

state of New York. Is this possible since each state have different laws?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 3, 2016

This shouldn't be a problem so long as its an ABA approved school and meets the NJ Standards. The problem you will have is that you will learn a lot of NY law which will not be applicable when you take the NJ Bar so you will need to study harder and learn NJ law also. Good Luck, but I will... View More

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2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Q: I have a 3 year suspended sentence in Jersey with a new theft by unlawful taking. Am I going to be held without bail..
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 22, 2015

No one can tell you what a judge will do until he does it but most judges will give you bail, just a high bail.

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