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New York Education Law Questions & Answers
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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2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 27, 2021

It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... View More

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1 Answer | Asked in Education Law for New York on
Q: An allegation of Academic Integrity made against me. What should I do?

I'm a student at a CUNY college and during this Spring semester I took 5 classes and most, if not all, had math-related topics. I was able to manage keeping a good grades for all but one class, Linear Algebra. I had a decent grade on my first exam, I studied for the second midterm, which was... View More

Michael David Siegel
Michael David Siegel
answered on May 28, 2021

This is a serious matter. Having admitted to cheating, you have few options. You must not admit to anything again, and find a way out of this that does lead to expulsion.

1 Answer | Asked in Education Law for New York on
Q: If a school doesn't obey the mandatory Moment of Silence law: NV Rev Stat § 388.075 (2011), can they be sanctioned?

for Nevada

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2021

This involves a Nevada statute. There's no guarantee all posts are picked up, but there might be better chances of a response if you reposted under Nevada. Good luck

Tim Akpinar

1 Answer | Asked in Education Law for New York on
Q: can you sue a school.

I go to independence university, I am in a class had week 1 almost done, then they switch me without any notice on the date that discussions are due on Wednesday. to two classes instead. tell me i have to do 2 weeks worth of work in 1 week all bc THEY made a mistake which i have proof of them... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2021

An attorney who specializes in education law would have the best insight here, but your question remains open for two weeks. As a general matter, despite the ordeal it has caused you, there could be more economical ways of approaching something like this, maybe through academic advisor or... View More

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I'm an Occupational therapist working in the schools in NYS. Should the district provide PPE if we return to school?

If I provide my own do I risk liability? Or what if I become sick would that void district's liability?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2020

It would be best if an employment attorney took your question, but it remains open for four weeks. Until you are able to get the input of someone with expertise in this area (or if you are not able to ultimately get a response), one measure you could consider would be to present your proposed... View More

1 Answer | Asked in Education Law and Employment Law for New York on
Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

Jacob David Verchereau
Jacob David Verchereau
answered on Jun 29, 2020

Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could... View More

1 Answer | Asked in Education Law for New York on
Q: Family move, possibly keep kids from changing school districts in NY

Hi. Following up on first response from Michael Siegel. My case is an odd one. My kids were enrolled in the district where we all lived with my ex-girlfriend. After the breakup, I moved. Though there's bedrooms for them at my new residence, they've been staying for the majority of the... View More

Michael David Siegel
Michael David Siegel
answered on May 13, 2020

If you have left your kids with a non-relative who is not a formal legal guardian, and left, you have more problems than the school. If child services finds out, they will open a case. Either maintain a legal residence with your ex-girlfriend, or make her a legal guardian. Do not leave this... View More

1 Answer | Asked in Education Law for New York on
Q: Family move, possibly keep kids from changing school districts in NY

Hi, hope you’re well. I have a question regarding residency for schooling on Long Island. I am a single father and live with my two teenage children in Suffolk County. We used to live with my ex-girlfriend in a Nassau County town, and my kids were enrolled in school there. I had to move... View More

Michael David Siegel
Michael David Siegel
answered on May 6, 2020

If they do not live in the town where they go to school they will be thrown out and must go where you live. While you might be able to phony up a lease, the issue is where they sleep at night. If the district finds out mid-year, you could be thrown out ASAP. If your kids spill the beans on the... View More

2 Answers | Asked in Education Law, Legal Malpractice and Small Claims for New York on
Q: Can I get a lawyer for an overlooked application to a degree program in college?

I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... View More

Michael David Siegel
Michael David Siegel
answered on Apr 23, 2020

No. You were not discriminated against. You were just a victim of bureaucratic error. You have no contract with them just by applying. I see no case.

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2 Answers | Asked in Business Law, Education Law and Employment Law for New York on
Q: If I signed a contract from a school district to coach baseball and district closes b/c corona virus should I get paid

This is a contract for salary

not service. The school shut down the day of start of season

Derek John Soltis
Derek John Soltis
answered on Mar 19, 2020

You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.

The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real...
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1 Answer | Asked in Education Law for New York on
Q: my son attends private school and needs tutoring district say s they don't pay for it. private school won't do anything

what can i do ? i cant pay out of pocket. private school wont keep him unless he has a tutor but they dont want to help me in any way

Michael David Siegel
Michael David Siegel
answered on Mar 16, 2020

You have two choices. Get an IEP from the school district mandating tutoring paid by the district. Or, leave the private school. Private schools do not have to accommodate you on this point.

1 Answer | Asked in Education Law for New York on
Q: Need a lawyer to write to a university about my rights as a student & academic dismissal incorrectly done.
Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Jan 20, 2020

Greetings. Based on your inquiry, it appears you have been disciplined in some way by your academic institution that you feel is incorrect. The proper procedure for addressing an institution's actions is by way of an Article 78 filed in NY Supreme Court (if all internal procedures have been... View More

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I am a new hire manager. My supervisor tells me (via private emails) to write up union staff. Is that legal?
V. Jonas Urba
V. Jonas Urba
answered on Dec 9, 2019

For legitimate, non-discriminatory reasons? What's wrong with that as long as you follow company policies and procedures and the union contract?

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin
answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Education Law for New York on
Q: Hello I suffered sexual abuse as a child and I confided in my fourth grade teacher who did not believe me or do anyth
Michael David Siegel
Michael David Siegel
answered on Sep 19, 2019

Under the new law in New York, you can file a criminal complaint against your abuser and sue them civilly. The statute of limitations is eliminated.

1 Answer | Asked in Education Law for New York on
Q: I Am in need of legal advise concerning my 14 year old son with school phobia .

My son is a 14 year old boy with Dx of school phobia x 7 years. He recently graduated from a district 20 Brooklyn phobia program. He was accepted into a regular HS and was not able to make the change from a phobic program to a regular school. I am placing an impartial hearing to try and get DOE to... View More

Michael David Siegel
Michael David Siegel
answered on Sep 19, 2019

What does the IEP say about placement now? You need to have a private opinion from a psychologist that the placement in the IEP is wrong, and call an emergency CSE to amend the IEP. If the IEP is changed to require private school, you are good. Your expert might have to come and present his/her... View More

1 Answer | Asked in Education Law for New York on
Q: what Can I do if my son’s IEP was altered without authorization to cover up procedure violations?

The document was missing goals, and the district removed two agreed goals, resulting in inappropriate/ no reporting. Now are removing services with no progress reports to support. When realized error, they altered the document to cover up one goal was missing at reporting time.

Michael David Siegel
Michael David Siegel
answered on Jun 4, 2019

Request an emergency CSE in writing to address these issues.

1 Answer | Asked in Family Law and Education Law for New York on
Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.

She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I... View More

Michael David Siegel
Michael David Siegel
answered on May 9, 2019

Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is... View More

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