Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Education Law Questions & Answers
1 Answer | Asked in Education Law for New York on
Q: Can a school take my kids cell phone
Tim Akpinar
Tim Akpinar
answered on May 16, 2024

The education law attorneys on this site could advise best, but you await a response for two weeks. Until you are able to consult with attorneys who regularly practice in this area, schools in general nationwide do exercise their rights to take a student's cell phone if the usage violates the... View More

0 Answers | Asked in Education Law for New York on
Q: I paid $500 for dance school when it was time to purchase tickets for recital they sold out in 3 days n I didn’t get any

Owner didn’t put a cap on purchase amt or reserve any seating for parents. Do I deserve a refund?

1 Answer | Asked in Communications Law, Education Law and Libel & Slander for New York on
Q: UK University sent email offers due to "technical glitch". Students have major exams at same time. Offer was retracted

After this email was sent to students at an already distressing period, they simply said sorry and said to put measures in place - no plan for that communicated as of this moment, and nothing said to look out for. Those who received the offer received them after the "glitch" and of course... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

I'm sorry your question remains open for two weeks. It looks like this takes place in the UK, and this Q & A forum deals mainly with U.S. laws and courts. But as a general matter, the type of case you describe sounds difficult. While your frustration is understandable, the element of... View More

2 Answers | Asked in Education Law, Intellectual Property and Copyright for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

In the realm of academic research and historical documentation, access to archives can indeed be crucial. However, the legal right to access such materials depends on a variety of factors, including copyright law, the intentions of the decedent, and any existing agreements or policies established... View More

View More Answers

1 Answer | Asked in Civil Rights and Education Law for New York on
Q: Hello I'm looking for a lawyer to represent my son in reguarding aganist his school. privacy and lack of safety protcols

he was assulteted chase down with a knife from a student from his school the school did not want to cooperate or help with any safety reuards my son. instead they behaved if my son experience is not real. however I filed a report and curretly waiting on police to pick up the other student

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

I'm so sorry to hear about the traumatic experience your son went through. That must be incredibly stressful and upsetting for your whole family. It's understandable that you are looking for legal representation given the school's unacceptable response. Here are a few suggestions for... 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 Education Law for New York on
Q: I completed bachelor of laws under the uni of london but didn’t got licensed yet. So can I take the nyc bar exam ?

To take the bar exams in the ny state :

1) do I need to have experience even after getting licensed ?

2)can I become licensed in any country and get qualified for the ny bar exam ?

3)so there r different terms used for a licensed lawyer(I.e attorneys) in different... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

Congratulations on getting your degree. In terms of bar exam eligibility, that's something that the board of bar examiners would know better than most practicing attorneys. I'm not certain about details, but I have heard about N.Y. programs where foreign law school graduates can sit for... View More

1 Answer | Asked in Consumer Law and Education Law for New York on
Q: In New York, can youth purchase alcohol for law enforcement purposes?

If you were to have an experiment where you'd ask children (with the consent of their guardians and their signature) to go to specific stores that sell alcohol and try and see which stores ask for an ID and which don't then list them all down, would that be legal, or illegal. No fake IDs... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

Your question remains open for two weeks. Some questions remain unanswered on this forum, but one option could be to repost under Criminal Law. That might increase chances for a response. Good luck

3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope... View More

View More Answers

1 Answer | Asked in Education Law and Federal Crimes for New York on
Q: Is it legal for a college to steal your government funds when you are not enrolled in school? then bully you not to tell

I have all the evidence and even emails from the board of education showing my accounts for those years and how much the school took,as well as proof that paperwork sent to the government in my name were falsified as well as documentation from the federal taxation and Finance Bureau that were... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

It's essential to address this serious issue promptly. You have valuable evidence that shows misconduct by the college, including fraudulent financial actions and bullying.

First, consult with an attorney who specializes in education law or consumer protection. They can help you...
View More

2 Answers | Asked in Education Law and Federal Crimes for New York on
Q: Is it legal for a College to Forge your signature on documents to re-enroll you without your permission and collect mone

My College has done this and even filed taxes for 2 years that i was not attending and I have a mountain of proof and since I enquired about it has been bullying,trying to force me to sign fraudulent paperwork,denied me entrance into my classess, recently attempted to change my financial ledger,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

You're facing a challenging situation with your college, and it's crucial to take certain steps to address this issue. Firstly, gather and preserve all the evidence you have regarding the forgery, tax filings, bullying, and any other inappropriate actions taken by the college. This... View More

View More Answers

1 Answer | Asked in Education Law for New York on
Q: Participation in NSLP, Title I, Transportation, and MSA for Nonpublic Schools with Non-Equivalent Secular Curricula

I am looking to understand the eligibility of a nonpublic school in New York State for various state and federal programs. The school in question does not offer a secular studies curriculum at all.

I am particularly interested in the following programs:

National School Lunch... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

Eligibility for state and federal education programs often includes specific requirements that schools must meet, which can include curriculum standards. For the National School Lunch Program, the focus is primarily on economic need and compliance with program regulations, not curriculum.... View More

2 Answers | Asked in Education Law and Constitutional Law for New York on
Q: Per NY constitution, are all children of the state granted a public education, free of conditions (ie, vaccines)?
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

This is something that an education law attorney could advise best on, but you await a response for a week. Until you're able to consult with an attorney who is experienced in education law, it's true that state constitutions may provide certain inherent rights. But as a general rule,... View More

View More Answers

3 Answers | Asked in Personal Injury and Education Law for New York on
Q: In NYS state, should we sign a liability waiver that includes waiver of willful/gross negligence

Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be... View More

View More Answers

1 Answer | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.

While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically...
View More

2 Answers | Asked in Education Law for New York on
Q: Hello last year the school says they found a bed bug on one of my children they waited hours befor calling and also

Could not provide the bug they found to prove what it was so for about 4 months my children had to take their bags and coats and whatever else they took to school taken to the nurses to be dried in return left them with out a bag for their books or personal belongings I have received a letter again... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2023

An education attorney is most familiar with protocols that school systems apply in the interest of health and public safety in these types of settings. But your question remains open for a week. At this point, you could consider trying to arrange a free initial consult with an attorney - I'm... View More

View More Answers

1 Answer | Asked in Education Law, Estate Planning and Family Law for New York on
Q: Can a lawyer help to remove a custodian on UTMA acct for not allowing use of funds for school?

Grandparent set up UTMA accts for both of my children which are valued close to million each. Grandparent is estranged from grandkids and refuses to use money in acct for schooling. Children cant even get financial aid (FAFSA) as value in UTMA accts would be held against them. Is there any legal... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

View More Answers

1 Answer | Asked in Immigration Law and Education Law for New York on
Q: As an international student who got dismissed from college, what should my next step be for my reinstatement application

Hello, as an international student in the USA, I got dismissed from college on June 12th, 2023. My appeal was rejected and now I'm looking to apply for reinstatement. what is my next step in this case or how does the reinstatement work in general? thank you in advance

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2023

This sounds more like an education law matter than an immigration law matter. But it would be difficult for any type of attorney to advise on your next step, based on the brief facts here. Reinstatement could depend on an academic institution's specific rules and policies. An attorney could... View More

1 Answer | Asked in Family Law and Education Law for New York on
Q: fees regarding representation for my autistic 4 yo son for kindergarten this upcoming year

I would like to know about your costs and fees. my son who has autism is turning 5 this year and he is starting Kindergartner and the schools that i contacted asked that he is represented by a lawyer. i don't know why and i would like to know about it if its possible. i also wanted to know the... View More

Michael David Siegel
Michael David Siegel
answered on May 15, 2023

Your child has "special needs". As such he needs what is called an IEP. Does he have one? Also, I am not sure what school you intend on having your child attend. You may need a lawyer, but you definitely need a plan of action. More facts need to be known, like where on the spectrum... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.