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New York Education Law Questions & Answers
0 Answers | Asked in Small Claims and Education Law for New York on
Q: Can you fail a student in a class for being "disrespectful" (Gym class)

My teacher said to my face that the reason I'm failing is because I'm "disrespectful". I did everything my teacher asked of me when I wasn't able to participate to the fullest capacity because my hand was broken. Yet, he's still failing me for being... View More

0 Answers | Asked in Education Law and Criminal Law for New York on
Q: Should I keep my son in the same school?

Me and another parent got into a physical fight the only problem is her son and my son goes to the same school and they are in the same class the school weren't involved and nobody was arrested but police were called while I was leaving should I be worried what can I do to be sure about me and... View More

1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

0 Answers | Asked in Education Law for New York on
Q: Is it legal for a parent to take a school owned device away from their child?

I am not the one with custody but know that my daughters stepmom took her school owned charger even though she needs it for school is that legal?

2 Answers | Asked in Immigration Law and Education Law for New York on
Q: Can I qualify for a financial aid/ education loan being an asylum seeker (Affirmative) with F-1 visa status?

Hello! I currently live in New York and am an asylum seeker (Affirmative) with F-1 visa status. I entered the U.S. by completing the I-94 Form and will soon finish my associate degree. I am eager to continue my studies and pursue a bachelor's degree, but I lack the funds and do not have a... View More

Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

As an F-1 student in the U.S., you generally have limited access to federal financial aid. Most federal financial aid programs, including grants and loans, are not available to non-citizens. However, you may have a few options:

1. **Institutional Aid:** Some colleges and universities offer...
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1 Answer | Asked in Education Law for New York on
Q: What type of case would it be if I were trying to sue the school for breaking the law involving lead contmination?

They have not posted anything relating to the remediation results on their last testing in 2020. We also have many different faucets that were not over the lead limit as of 2020, but as of December 2021, 47% of our faucets are over the lead limit. Just wondering what type of case this would be and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

Depending on who is affected, it could be an environmental matter, toxic tort matter, occupational health & safety matter, or other. It sounds like it could be a complex setting - possibly involving sampling, lab analysis, and investigation of all possible sources. Best way to go about it? A... View More

1 Answer | Asked in Family Law and Education Law for New York on
Q: Is it legal for a school to say we are mandated by law to use their app for notices from the principle and teachers?

We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

There could be a couple of different ways to look at this - it is more a privacy law question than an education law question. A starting point could be to check with your attorney (the one associated with the court order). They would know better than anyone on a public forum the scope of what the... View More

1 Answer | Asked in Education Law for New York on
Q: Can an educator sue the NYS Department of Education if they keep failing the teacher exams?
Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

There are attorneys here on this forum who are knowledgeable in this area, but your question remains open for a month. This is not my area of practice, but you could reach out to attorneys who practice in education and civil rights law (the latter if you suspect that you suffered discrimination in... View More

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

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

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
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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

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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
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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...
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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
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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

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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

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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
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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...
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