Education Law Questions & Answers by State
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Education Law Questions & Answers
Q: Can you help my son he is been accused of touching another student?
Amanda Bowden Houser's answer
You need to not make any statements to police or DSS and lawyer up. You can likely thank that ridiculous #metoo movement for all the fuss over a 7 year old boy touching a girl on the bus but yes, if the girl's story can not be immediately and conclusively disproved, suspensions, police and DSS involvement are all normal these days. If you are financially well off expect a civil suit as well. Bottom line, if he touched her in an inappropriate way, that was likely criminal and instead of it...
You need to not make any statements to police or DSS and lawyer up. You can likely thank that ridiculous #metoo movement for all the fuss over a 7 year old boy touching a girl on the bus but yes, if the girl's story can not be immediately and conclusively disproved, suspensions, police and DSS involvement are all normal these days. If you are financially well off expect a civil suit as well. Bottom line, if he touched her in an inappropriate way, that was likely criminal and instead of it...
Q: When you enroll your children in public school is that a contract with the government? Why don't we know that?
1 Answer
| Asked
in
Contracts, Education Law, Gov & Administrative Law and Government Contracts
for
Georgia
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Q: Do I have ANY legal right against the California Administrative Code Title 17, 6020?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Education Law
for
California
on
Answered on Nov 8, 2018
Answered on Nov 8, 2018
Louis George Fazzi's answer
Unless you can prove, through a medical doctor, that your child has a bona fide medical reason not to be vaccinated, you have no legal right to refuse to have your child inoculated. It is state law because everyone needs to be vaccinated in order to protect every child. There are no other legal reasons to risk your child's health, and potentially every other child's health, by refusing to vaccinate your child. There are sound medical reasons why the California legislature made vaccination of...
Unless you can prove, through a medical doctor, that your child has a bona fide medical reason not to be vaccinated, you have no legal right to refuse to have your child inoculated. It is state law because everyone needs to be vaccinated in order to protect every child. There are no other legal reasons to risk your child's health, and potentially every other child's health, by refusing to vaccinate your child. There are sound medical reasons why the California legislature made vaccination of...
Q: I enrolled to high school with a b1b2 visabefore changing it to f1 am I eligible to change it now?
Hector E. Quiroga's answer
You are in violation of your B1B2 status right now. Your best bet of having any hope of getting an F-1 is by dropping out of school.
You are in violation of your B1B2 status right now. Your best bet of having any hope of getting an F-1 is by dropping out of school.
Q: I need to contact a lawyer who specializes in education law - specifically ACT/SAT fraudulent practices - class action.
T. J. Jesky's answer
It seems a little unusual that ACT testing would risk their reputation with illegal practices. That being said, if you have an actual class action suit, most litigation attorneys are eager to take class action suit. Especially, if the case has merit.
Keep in mind, you only need a single "class representative" to file a lawsuit. The problem is that you will need to have the Court to "certify" the class action before you can proceed. There is no exact number of plaintiffs to obtain...
It seems a little unusual that ACT testing would risk their reputation with illegal practices. That being said, if you have an actual class action suit, most litigation attorneys are eager to take class action suit. Especially, if the case has merit.
Keep in mind, you only need a single "class representative" to file a lawsuit. The problem is that you will need to have the Court to "certify" the class action before you can proceed. There is no exact number of plaintiffs to obtain...
Q: Hello! What is considered legal custody in § 22.1-3. Persons to whom public schools shall be free?
Jay Braddock Jackson's answer
The Provisional Mandate may not be the real issue. Article IV, Section 1 of the U.S. Constitution essentially gives effect in Virginia to judicial decisions of other states. Since the Provisional mandate is not a “judicial decision’ per se, it probably does not fall under this (“Full Faith and Credit”) clause of the Constitution. However, Section 22.1-3 of the Virginia Code gives another avenue in your situation. Here’s what the code says: “§ 22.1-3. Persons to whom public schools...
The Provisional Mandate may not be the real issue. Article IV, Section 1 of the U.S. Constitution essentially gives effect in Virginia to judicial decisions of other states. Since the Provisional mandate is not a “judicial decision’ per se, it probably does not fall under this (“Full Faith and Credit”) clause of the Constitution. However, Section 22.1-3 of the Virginia Code gives another avenue in your situation. Here’s what the code says: “§ 22.1-3. Persons to whom public schools...
Q: How do get my money back (online course)?
1 Answer
| Asked
in
Contracts, Criminal Law, Communications Law and Education Law
on
Answered on Nov 1, 2018
Answered on Nov 1, 2018
Timur Akpinar's answer
Based on these facts alone, it's difficult to say what the chances of recovery are. You could consult with an attorney to learn if you might have a cost-effective recourse through a lawsuit, arbitration, attorney’s letter, or other avenue. The attorney would likely want to see the agreement into which you entered to review its terms and conditions.
Tim Akpinar
Based on these facts alone, it's difficult to say what the chances of recovery are. You could consult with an attorney to learn if you might have a cost-effective recourse through a lawsuit, arbitration, attorney’s letter, or other avenue. The attorney would likely want to see the agreement into which you entered to review its terms and conditions.
Tim Akpinar
Q: Does a graduate school complaint fall under consumer fraud or education law?
Timur Akpinar's answer
It can possibility involve elements of both types of law. A starting point could be a consultation with an attorney who could examine the promises or representations made by the school and their legitimacy. But these types of matters could possibly involve extensive discovery, which could be costly. Therefore, it would be advisable to consider the costs of such an action and the prospects for a favorable outcome.
Tim Akpinar
It can possibility involve elements of both types of law. A starting point could be a consultation with an attorney who could examine the promises or representations made by the school and their legitimacy. But these types of matters could possibly involve extensive discovery, which could be costly. Therefore, it would be advisable to consider the costs of such an action and the prospects for a favorable outcome.
Tim Akpinar
Q: What are the requirements for education deductions for the state of Pennsylvania? Not a college course. Online seminar.
Peter Munsing's answer
See if they will let you out as they held it out as tax deductible and it's not. They should know better. You are paying bricks and mortar tuition for an online course. Request a termination in writing. Hard copy not just email. If they don't give it file a complaint with the consumer division of the California AG's office and also the Department of education; also the Federal Trade commission.
See if they will let you out as they held it out as tax deductible and it's not. They should know better. You are paying bricks and mortar tuition for an online course. Request a termination in writing. Hard copy not just email. If they don't give it file a complaint with the consumer division of the California AG's office and also the Department of education; also the Federal Trade commission.
Q: I got bit by a student. I’m afraid to enter my own classroom. My principal and union know. I went to the doctor.
1 Answer
| Asked
in
Employment Law, Personal Injury, Education Law and Employment Discrimination
for
New York
on
Answered on Oct 28, 2018
Answered on Oct 28, 2018
Peter Munsing's answer
You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/
As they are a Legal Services backup center they can't give you much advice but they do have "cooperating attorneys" who handle cases they cannot handle because of the statutes that govern them--ask for "cooperating attorneys ' in...
You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/
As they are a Legal Services backup center they can't give you much advice but they do have "cooperating attorneys" who handle cases they cannot handle because of the statutes that govern them--ask for "cooperating attorneys ' in...
Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.
1 Answer
| Asked
in
Education Law, Juvenile Law and Sexual Harassment
for
California
on
Answered on Oct 20, 2018
Answered on Oct 20, 2018
Angelina Bradley's answer
You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.
Do a search for “Title IX attorney San Francisco” and that should be a good place to start.
I’m sorry this is happening to you daughter. Good luck.
You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.
Do a search for “Title IX attorney San Francisco” and that should be a good place to start.
I’m sorry this is happening to you daughter. Good luck.
Q: My special needs sonis being singled out, punished, threatened, and bullied athis school no one will help can u help?
Gary Kollin's answer
I am sad to read about this matter.
I am struck that you would follows anyone's recommendation to physically punish your special needs child. Have you ever attended your child's IEP review?
Have you ever sought out the independent ombudsmen who assist in these situations?
Have you accepted responsibility for that incorrect physical punishment?
You stated they threatened him with criminal charges. Is this what you learned from your child who in one breath you...
I am sad to read about this matter.
I am struck that you would follows anyone's recommendation to physically punish your special needs child. Have you ever attended your child's IEP review?
Have you ever sought out the independent ombudsmen who assist in these situations?
Have you accepted responsibility for that incorrect physical punishment?
You stated they threatened him with criminal charges. Is this what you learned from your child who in one breath you...
Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...
1 Answer
| Asked
in
Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law
for
New York
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Michael David Siegel's answer
It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.
It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.
Q: Can a lawsuit be won based on opinion?
1 Answer
| Asked
in
Civil Litigation, Civil Rights and Education Law
for
Texas
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Timur Akpinar's answer
Lawsuits are often won or lost on opinions, despite the fact that it can result in outcomes that are not always fair. The coach could present these facts to a Texas employment attorney to discuss if he has legal remedies worth pursuing.
Tim Akpinar
Lawsuits are often won or lost on opinions, despite the fact that it can result in outcomes that are not always fair. The coach could present these facts to a Texas employment attorney to discuss if he has legal remedies worth pursuing.
Tim Akpinar
Q: Is there a statue of limitation to re-indicted someone to habitual offender, if they're still incarcerated on the origin
Arthur Calderon's answer
No. If they are charged with a subsequent offense, then the State has ultimate discretion to charge them as habitual, whether as an 81- or an 83-habitual.
No. If they are charged with a subsequent offense, then the State has ultimate discretion to charge them as habitual, whether as an 81- or an 83-habitual.
Q: Do doctors excused absences fall under punishable offence with truancy?
1 Answer
| Asked
in
Personal Injury, Criminal Law, Education Law and Juvenile Law
for
Louisiana
on
Answered on Oct 3, 2018
Answered on Oct 3, 2018
Ellen Cronin Badeaux's answer
No not truancy. But make a copy of each doctor's note before you give it to the school.
No not truancy. But make a copy of each doctor's note before you give it to the school.
Q: If I have reason to believe the education standards at my son's school aren't up to par, what do I do?
Jay Braddock Jackson's answer
That's a broad question, as "education standards" are generally measured by achievement. Is it a public school or private? Where, in your opinion, does the education fail? I would recommend that you make special note of the reasons that you feel that the school is failing, determine whether the failure is systemic or a single teacher, etc. If it is a public school (in Arlington?), you can contact Pat Murphy, Ed.D., Superintendent of Arlington Public Schools. 1426 N. Quincy Street, Arlington,...
That's a broad question, as "education standards" are generally measured by achievement. Is it a public school or private? Where, in your opinion, does the education fail? I would recommend that you make special note of the reasons that you feel that the school is failing, determine whether the failure is systemic or a single teacher, etc. If it is a public school (in Arlington?), you can contact Pat Murphy, Ed.D., Superintendent of Arlington Public Schools. 1426 N. Quincy Street, Arlington,...
Q: How Can I get a REFUND
1 Answer
| Asked
in
Products Liability, Education Law and International Law
on
Answered on Oct 3, 2018
Answered on Oct 3, 2018
Timur Akpinar's answer
You could consult with an attorney who is able to examine the legal issues you mention in greater detail. At the very least, you could learn the deadlines and statutes of limitations within which you would need to act to preserve your legal rights. An attorney might be able to help you identify legal theories related to being misled, as you describe your situation, such as whether there were misrepresentations made to you. There could possibly be other legal theories as well.
You could consult with an attorney who is able to examine the legal issues you mention in greater detail. At the very least, you could learn the deadlines and statutes of limitations within which you would need to act to preserve your legal rights. An attorney might be able to help you identify legal theories related to being misled, as you describe your situation, such as whether there were misrepresentations made to you. There could possibly be other legal theories as well.
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