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New York Education Law Questions & Answers
2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

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1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

2 Answers | Asked in Education Law for New York on
Q: A parent complained that her child’s teacher has been absent so long and she’s not happy with the substitute teacher.

I told the parent, “The teacher will be back in 2 months. She’s out for medical reasons… on a restoration of health.” Did I violate HIPPA Laws by saying this??

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2023

For any future inquiries, it could avoid misunderstandings to check with the school administration as to what they want you to say. They could have a standard statement that they want the staff to use in such settings. Good luck

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1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My 13yr.daughter was assaulted by another student who hit her in the head with a cast. Can we sue the school & child?
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

This may be more a personal injury law question than one about educational law. I'm sorry about the assault on your daughter. I hope she is okay. These scenarios are fact-intensive and require examination of school's supervision and other factors. I recommend you reach out to law firms to... View More

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

1 Answer | Asked in Education Law and Municipal Law for New York on
Q: Aren't each township in each state supposed to inform the drivers that there is a school nearby by displaying signs?
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

In New York State, guidelines for displaying signs in school zones are found in NYS DOT regulations. See the link...... View More

1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... View More

2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... View More

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Education Law for New York on
Q: What type of lawyer would I need to sue a school or school district ?
Tim Akpinar
Tim Akpinar
answered on Sep 2, 2022

It could depend on what the matter involves. If it's something about an academic issue with a child, an educational law attorney could probably be a first option to consult with. If it involves employment as a teacher, then an employment law attorney. If it involves an injury on school... View More

1 Answer | Asked in Education Law for New York on
Q: What happens if I don't go to summer school and do my parents have the decision to make me move on to another grade?
Tim Akpinar
Tim Akpinar
answered on Aug 10, 2022

It would be best if an education law attorney advised here, but you await a response for two weeks. Until you're able to discuss this with an education law attorney, keep in mind that in general, the decision could be up to the school. Also, it could be difficult for any attorney to advise... View More

1 Answer | Asked in Education Law for New York on
Q: Is a professor allowed to ask me to have two cameras on during an exam, one to view my face and another to view my hands
Tim Akpinar
Tim Akpinar
answered on May 27, 2022

This is a fairly new area of law, and the rules are evolving as new technologies emerge. Test protocols could depend on the entity administering the exam. If an instructor's rules are not unduly burdensome or invasive of privacy, the academic institution would probably uphold them. A professor... View More

1 Answer | Asked in Business Law, Education Law and Intellectual Property for New York on
Q: Is this free work? Is this legal?

A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... View More

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

If you receive college credit for the work, it is legal, like an internship.

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... View More

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1 Answer | Asked in Education Law for New York on
Q: A memo signed and sealed by a professional engineer was rejected because the signature was next to seal and not inside

Does the seal need to be on top of signature or can it be next to it.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2022

I'm sorry your question remains open for three weeks. This could be something that a professional engineer would know better than an attorney. At this point, one option might be to contact the NYS Office of the Professions for Professional Engineering & Land Surveying to ask if they could... View More

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... View More

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... View More

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1 Answer | Asked in Education Law for New York on
Q: can a principal ride a school bus whenever they want
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2021

It would depend on the regulations of the school district, school, and bus company. In general, principals do have broad authority to audit or inspect activities that affect the welfare and safety of students. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... View More

Carrie Dyer
Carrie Dyer
answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... View More

1 Answer | Asked in Tax Law and Education Law for New York on
Q: NYS. Does the school district have the right to look at tax returns of students guardians?

Natural parent moving out of district. Signing over guardianship to the person still living in district. District is asking who will claim child on this years tax return. Does the district have the right to view either parent or guardians tax returns?

Michael David Siegel
Michael David Siegel
answered on Jul 20, 2021

Absolutely. That is how they prevent the fraud of a non-resident student trying to get a better school.

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar
answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... View More

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