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Education Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Ohio on
Q: I was wondering if I can be expelled from school for something not mentioned in the handbook.

I was accused of something with no proof, given 30 seconds to gather all of my things, expelled for something not mentioned in the handbook and off of school property.

You can certainly be expelled for something that isn’t in the handbook. They can’t possibly be expected to cover every possible action and most contain some catchall kind of phrase like “other conduct unbecoming of a student.” What are you accused of doing?

1 Answer | Asked in Civil Rights, Education Law, Gov & Administrative Law and Juvenile Law for Louisiana on
Q: outside agency counselor to see my son after an email stated to stop .

My son attends the school in our area. When asked verbally to stop services from an outside agency the school counselor stated she misunderstood. There was a conference call shortly after this incident stating again I did not want an outside counselor agency coming to the school to see my son. The... Read more »

Put it in a fax to the agency, school board & outside agency to cease.

1 Answer | Asked in Education Law and Juvenile Law for Kentucky on
Q: is it considered trespassing if a student is doing online schooling but is enrolled at the school, if he is on campus?

My boyfriend is enrolled in the Shelby county public schools district, and has one regular class at collins highschool and the rest of his classes are online. he goes to the atc for a welding class then a bus brings him back here, tuesdays and thursdays so he can stay and get work done then take... Read more »

Timothy Denison
Timothy Denison answered on Jan 21, 2020

Yes, unless he’s in the halls at the time of his welding class. Schools have the authority to limit or exclude any person from the premises who is not licensed to be there.

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
Mathew Paulose 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... Read more »

1 Answer | Asked in Employment Law and Education Law for California on
Q: Can an employer deny you catastrophic leave request because you have comp hours on the books

My employer denied my catastrophic leave request because I exhausted my sick leave on January 8th and had 9.75 hours of comp time on the books but they did not use the comp hours for the days that I was off after January 8th and denied my request because of those hours instead they said I can ask... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 19, 2020

Paid catastrophic leave is not required under the law. It is a discretionary employer benefit. As such it can be administered as the employer wishes as long as it is not denied or administered in a way that is unlawful, i.e., provided or not because you are a member of a protected class of... Read more »

1 Answer | Asked in Education Law for Missouri on
Q: Can a teacher tie grades to a fundraising assignment in a public school?

My son was not successful in raising the assigned $150 for his Missouri public school newspaper. Upon receiving his report card, he noticed this was a heavily weighted part of his grade (1 point for every dollar raised). So much so that his grade dropped an entire GPA. I enquired with a few... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 19, 2020

You raise a valid point. But the school would probably argue that it was not taking money, but basing performance on raising funds for a project. The other parents may have seen the dilemma and decided it would be easier to simply pay the money and be done with it. The problem is that it would cost... Read more »

1 Answer | Asked in Immigration Law and Education Law for Nevada on
Q: I’m 16 years old and I can’t find any path to becoming a citizen.

Basically when I was 6 months old my parents brought me to the United States and overstayed their VISAS. Nobody in my direct family is a legal citizen, and I am at a loss for answers. I’m currently going to a CTA highschool and I want to go to university and college, but I have no idea how to go... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 18, 2020

The question requires legal advice that can take time and should be limited to an appointment, perhaps, a legal opinion.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who will take the time to carefully explain what...
Read more »

1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Georgia on
Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?

In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.

Today - 2 months later, Victim informs someone at school that picture may be... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

CONTACT A LAWYER ASAP!!

1 Answer | Asked in Education Law for Georgia on
Q: While a tribuanl is in process or even aftet one is over can a student if parent wants it done can the student transfer

My son has went through this and we are being treated very unfairly and all he wants is his regular classes and band and they are not getting in contact with us about anything and he just wants to go to school and we know nothing

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Parents have the right to transfer their student at any time, whether it’s before, during or after a tribunal. It is always best to consult an attorney who can represent your student. An education law attorney will ensure the school is conducting the tribunal in a fair and equitable manner. An... Read more »

3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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1 Answer | Asked in Education Law and Personal Injury for Ohio on
Q: My 11yr old son came home from school Thursday telling me that the teacher/councilor locked him in a room

Wouldn't let him out he was terrified so he wrote SOS on paper and held it up to the window they also called the police on him all this for just getting a attitude.

Dimitrios Makridis
Dimitrios Makridis answered on Jan 15, 2020

Give Albeit Weiker (in Columbus, Ohio) a call. Best education lawyers I know. http://www.awlawohio.com/

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
Stuart Nachbar answered on Jan 12, 2020

This question was recently asked and I posted the following: Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
Stuart Nachbar answered on Jan 11, 2020

Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in their District. Attorneys raise such cases (from outside... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: Can a teacher deduct a grade legally to attend another classes concert after their

Can a teacher make a child attend another classes concert after her own and if she doesn't she will lower the grade? is that legal?

Tim Akpinar
Tim Akpinar answered on Jan 9, 2020

An Ohio attorney could advise best, but your question remains open for some time. The matter would likely be governed more by school policy than any actual law. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody and Education Law for Georgia on
Q: Kinship affidavit versus PoA

My son is a 14 year old terror right now (stealing, lying, drugs, etc) I, his mother am married with 4 kids of my own. The oldest is 17, then the 14 yr old and a 4 & 3 year old. I have had to kick him out of my house because of unmentionable actions, that I am seeking residential treatment centers... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

The circumstances of your case are unfortunate. In this case, temporary guardianship seems appropriate. Temporary Guardianship is usually filed in Probate Court; this will allow your brother to register your son for school in the district where he resides. It is best to contact an attorney who can... Read more »

2 Answers | Asked in Education Law for Georgia on
Q: I would like to go to nursing school or have a professional lisence abling me to get out of poverty with my children. I

I have a florida grand theft withheld of adjudication from over 7 years ago. Ga now requires level 2 background checks. Is there any way I can be forgiven for my past so my kids future can be better

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 7, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Education Law, Employment Discrimination and Employment Law for Ohio on
Q: Does 17 year old- whom has graduated from high school have to follow the normal 4109 rules (wage, hours, work permit)

For example, would that 17 year old need a work permit even though they are already in college? Will the work hours limit still apply?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 31, 2019

Under federal law, there are no restrictions on when and how much an employee may work once he or she turns 16. However, 16 and 17 year-old employees are restricted from performing certain hazardous jobs, such as operating heavy machinery or handling dangerous chemicals. Additionally, if an... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: If a public high school refuses to or neglects to conduct the pledge of allegiance each morning, what can be done?

It is a requirement according to state law (Maryland) and the county Administrative procedures. Is there a way to force the school system to follow these laws?

Mark Oakley
Mark Oakley answered on Dec 20, 2019

I have not looked up the statute or regulations on this subject, but assuming your understanding of the law is correct, I would think directing your complaint to the Maryland State Department of Education would be the route to go, as well as possibly raising the issue with your local Maryland State... Read more »

1 Answer | Asked in Education Law for Kentucky on
Q: We are doing a school project on a trial run on insane people...any tips?
Tim Akpinar
Tim Akpinar answered on Dec 19, 2019

If you're asking in the context of the law, it is a very broad subject unless you narrow it down. Insanity could be raised as a defense in criminal prosecutions. Mental health can be an issue in terms of capacity to enter into legal enforceable contracts. It could be an issue in executing legal... Read more »

1 Answer | Asked in Education Law and Employment Discrimination for Pennsylvania on
Q: Can I be presumed guilty of an anonymous allegation of drinking on the job with no investigation?

I was anonymously accused of drinking at my teaching job. I was forced to leave my room, with all of my belongings. No administrator attempted to speak with me to ascertain if the allegation had any validity. I was then requested (required) to go to an ER to have an alcohol level blood test... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

Sounds like it would violate most union agreements. Contact your union. If you don't have one, contact an attorney who handles employment issues in your area.

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