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Arizona Education Law Questions & Answers
2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under U.S. law, specifically the Individuals with Disabilities Education Act (IDEA), students with disabilities, including those diagnosed with Emotional Disturbance and placed in special education programs, are entitled to receive a Free Appropriate Public Education (FAPE). This means that they... View More

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2 Answers | Asked in Civil Rights and Education Law for Arizona on
Q: If my child has disability and is placed in an Emotional Disturbance program, can they be excluded from School Trips?

If my child has been diagnosed with a learning disability as well as an Emotional Disturbance, can a school than keep my child from attending assemblies, school activities, field trips and even vocational training? If they are being put in Special education because of the disability, so they can... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Generally they should not be excluded. The school ought to make reasonable accommodations so the student may participate in the full range of activities along with the typical peers. Make sure you include language like this in written communication with the school and ask what accommodations they... View More

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1 Answer | Asked in Tax Law, Banking and Education Law for Arizona on
Q: If I got donated a tax credit for a school trip but the trip got canceled do the tax credit dollars I got have to go

Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going?

James L. Arrasmith
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answered on Dec 25, 2023

When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Arizona on
Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?

Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called "blind b****" "you deserve the death penalty" and others for 3 months and now today a physical threat of "im going to... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all... View More

1 Answer | Asked in Civil Rights, Education Law and Internet Law for Arizona on
Q: Is their a loop hole I can get through here?

Hi! I am a high school student who is trying to record my teacher being verbally hostile towards me. I went to my principle and asked if I could record my teacher doing these things, She said it would be inappropriate use of an electronic device. And that she can't do anything about it.... View More

James L. Arrasmith
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answered on Oct 18, 2023

It's essential to approach this matter with caution. While your intent to document inappropriate behavior is understandable, bypassing school rules could lead to disciplinary action. Instead of directly recording, consider documenting each incident in writing, noting date, time, and details.... View More

1 Answer | Asked in Education Law for Arizona on
Q: My child's highschool locks their bathrooms in class room buildings and not allowed to take their backpacks in bathroom.

I have contacted the asst principal and was told she would discuss this with the principal to have the athletic dept representative call me to inform me of the school's policy. It is not a district policy, only this school's policy. Kids have to go across campus to try to locate a... View More

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

Nothing in your question suggests an illegal restroom policy. There may be undesirable consequences, and some of the policies do not appear to be well-thought out. But nothing indicates an unlawful policy.

While excessive and repeated tardiness can have negative impacts on the learning...
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1 Answer | Asked in Education Law for Arizona on
Q: Hello. I was wondering if it's legal for my scholarship application to be denied because of my gender.

I see a ton of gender based scholarships online. I thought that was discriminatory, so I'm surprised to see them.

T. Augustus Claus
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answered on Jul 31, 2023

In Arizona and the United States, scholarships that are exclusively based on gender are generally legal under certain conditions. While it may seem discriminatory, there are exceptions in federal law that allow for gender-based scholarships.

Title IX of the Civil Rights Act of 1964...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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1 Answer | Asked in Health Care Law, Business Law and Education Law for Arizona on
Q: What kind of lawyer is the best to be consulted about for a physical therapy e-course and its legal requirements?

We need information about the limitations of a physical therapist that is producing their own e-course. As far as certain disclosures, or verbiage they are allowed to use when speaking to users outside their state of certification. Who would be the best person to contact for this? Or, what area of... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

A starting point could be an education law attorney. Some states also offer free information online for the scope of practice of certain professions (Departments of States and others). Good luck

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
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1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 26, 2022

You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.

Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman
answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... View More

1 Answer | Asked in Family Law and Education Law for Arizona on
Q: My husband and I have a dispute about which school to send our child to. What happens in terms of legal matters?

If no one is willing to compromise, what will end up happening in terms of the law?

Mike Branum
Mike Branum
answered on Apr 23, 2021

The first thing to do is review your divorce decree and/or child custody order. If one parent has sole legal custody, that parent decides where the child goes to school. This would be unusual. Joint legal custody is the norm. In some instances, however, a decree or order will indicate that the... View More

1 Answer | Asked in Education Law for Arizona on
Q: My son was referred out of district for school. Can I get access to the financial transfers between school and district?

My son has autism and the spec ed dept in the school district referred him out of district. They premeditively signed him up for a school without my consent, and I already understand that is illegal. My son came home crying begging me to never go back. Apparently this is a behavior disorder school... View More

Kimberly Winslow
Kimberly Winslow
answered on Mar 5, 2021

It is a violation of IDEA for schools to place a student on an IEP out of district (or in any setting really) without parental consent. Moreover, placement should not be determined based on finances, but the needs of the student. I recommend contacting a local attorney, as I do not think, based... View More

1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... View More

Raul Jauregui
Raul Jauregui
answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... View More

1 Answer | Asked in Immigration Law, Education Law and Public Benefits for Arizona on
Q: I'm a senior in college and I've been using FAFSA ever since freshman year. Will that hinder my citizenship application?

I've never failed any classes. I'm actually an honor roll student and have been awarded scholarships.

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2019

If you have falsely claimed to be a U. S. citizen on the FAFSA, among other issues, you can be placed in removal proceedings for deportation.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any complications. Good luck.

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on
Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

In just one year of attending I have a $33,249.70 Student Account balance past due at Arizona State University. This is the amount owed to ASU after all Financial Aid payments ($23,000 of student loans) were applied and is growing with a $100 per month late fee. I am going to SCC for this spring... View More

Timothy Denison
Timothy Denison
answered on Jan 25, 2019

You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!

1 Answer | Asked in Criminal Law and Education Law for Arizona on
Q: was arrested and spent the night in jail, i saw the judge and she OR me. on my next court date when i showed up they co

I was arrested and spent the night in jail, I saw the judge and she OR me. On my next court date when i showed up they couldnt find my name in the computer. I asked what that meant and they told me the officer has a certain amount of time to turn in his paperwork and he didnt. That was a... View More

Zachary Divelbiss
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answered on Jun 12, 2018

Felonies have a seven year statute of limitation and misdemeanors have a one year statute of limitation. If you were charged with a misdemeanor and everything else you say is true, then you should strongly consider hiring an attorney to figure out all the details and fight to have your case... View More

1 Answer | Asked in Family Law, Child Custody, Education Law and Intellectual Property for Arizona on
Q: Father kicked me out of the house and has important stuff, I'm 16. What can I do?

I'm 16 and living with my mother now 30 miles away from my school. I still have to go to school and im wondering if I could legally stay with a friend until school is out. My father also has a case my mother opened against him and his girlfriend for refusing to let me and my sister see her but... View More

Peter H. Westby
Peter H. Westby
answered on May 1, 2018

You should speak with your mother and the two of you should consult with her lawyer. Her family law lawyer can assist you in recovering your belongings.

1 Answer | Asked in Education Law for Arizona on
Q: what can be done if a school did not comply with IEP requirements. from prior school current and was out of compliance

EIP expired 10/17 incident occurred they did not comply withhold IEP from prior year and now child is facing legal isdue this is failure to provide correct accommodation

Lori E. Arons
Lori E. Arons
answered on Feb 15, 2018

There is not enough information provided to answer the question. What can be done will depend on the full set of facts, and it is unclear what any of the facts are. As to "what can be done if a school did not comply with IEP requirements," the answer depends on what requirements the... View More

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