Education Law Questions & Answers

Q: What are the penalties for a parent whose kid refuses to attend elementary school?

1 Answer | Asked in Education Law for California on
Answered on Aug 17, 2017

Truancy laws would typically apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: is there a law that protects a student from a drug interaction when it affects their performance for grades

1 Answer | Asked in Civil Rights, Education Law and Health Care Law for Tennessee on
Answered on Aug 16, 2017

This case likely will not be pursued by a Tennessee civil lawyer, but this link takes you to a listing of TN cities, that you can use to fine a list of lawyers near you. Call a few of them, and talk via phone, to see if the case has any value.

http://attorneys.superlawyers.com/products-liability/tennessee/
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Q: Okay so i ma college student that has been told that I will no longer receive a scholarship do to my CGPA

1 Answer | Asked in Contracts and Education Law for Florida on
Answered on Aug 15, 2017

There is not really a way to advise you on your options without being able to review the scholarship documents and the letter or information that you received from the scholarship manager or administrator of the scholarship. Best advice is to communicate with the scholarship program and document your GPA, it could be just a mistake that you got a letter or communication or there could be more to the story.

Also, you may want to consult with an attorney in your area and take to the...
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Q: My son's school is rejecting him because he needs a shot but he is currently too old for the shot.

1 Answer | Asked in Family Law, Education Law and Civil Rights for Georgia on
Answered on Aug 13, 2017

The school has the right to protect other students and teachers. Unless there is a laboratory test that can confirm he was inoculated, to get them to accept it, then you have no right to force this issue.
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Q: Im 18 in VA. im moving to cali with bf, but i have to enroll in CA to finish highschool. What legal issues will i have?

1 Answer | Asked in Education Law and Juvenile Law for California on
Answered on Aug 10, 2017

I see no problem based on these facts, since you're an adult. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: What is the law in California about a 16 year old that refuses to go to school?

1 Answer | Asked in Family Law, Education Law and Juvenile Law for California on
Answered on Aug 4, 2017

There may be truancy repercussions on both the child and the parents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Im 16 & Missed 75 Days Of School Due To Being Bullied. Courts Ordered Probation If I Drop Out Will I Still Have To Do It

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Answered on Aug 3, 2017

Yes, they can put you on probation. But dropping out is not the solution. Do not drop out. Are your parents talking to the school principal? Can you transfer to another school? Have you spoken to the school counselor, teachers, or others? Dropping out of school is not a good choice. There are other alternatives such as on-line schools. You must finish at least a high school education. Talk to some trusted adults to help you through this. Bullying should not be tolerated. Many schools...
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Q: is there a law that daycare centers MUST prorate for days the child misses it they are there full time?

1 Answer | Asked in Business Law, Contracts, Family Law and Education Law for Washington on
Answered on Aug 3, 2017

There's no law that I'm aware of. You look at the terms of the contract you signed and agreed to. If the contract says prorate, you prorate. If the contract says it's a fixed rate regardless of days missed, you pay in full. If the contract is silent, there's a decent argument the fee should be prorated because the daycare center is the drafter and ambiguities in a contract are decided favorably for the non-drafting party. Additionally, there are common law theories to contracting your...
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Q: My son is autistic and in the special needs program at his elementary school. Can I have a say in making modifications

1 Answer | Asked in Education Law for Virginia on
Answered on Jul 29, 2017

Yes, absolutely. As the parent, you are a member of any group that meets to decide services or placement for your son.

The law is clear regarding parent participation in meetings:

The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to -

(i) The identification, evaluation, and educational placement of the child; and

(ii) The provision of FAPE to the child. 34 CFR 300.501 (b)

Your son's IEP team...
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Q: Can schools share emails with a lawyer without legal cause?

1 Answer | Asked in Education Law for California on
Answered on Jul 27, 2017

Yes, under the circumstances you described, your school likely did not violate FERPA by sharing the information with outside counsel.

When schools and districts outsource institutional services or functions, FERPA permits the disclosure of personally identifiable information from education records to contractors, consultants, volunteers, or other third parties so long as the third party meets the criteria listed under 34 CFR 99.31. Outside counsel is a contracted third party who...
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Q: I started school in Moreno Valley in October of 2016 it's is now July 2017 and my school is trying to up and move making

1 Answer | Asked in Civil Rights and Education Law for California on
Answered on Jul 26, 2017

What kind of school? Why are they moving? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: I saw in an article that 'tuition plans that collect different amounts from students for the same training are technical

1 Answer | Asked in Contracts and Education Law for New York on
Answered on Jul 25, 2017

I see no problem with such a sliding scale tuition system. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Can a student be denied of an education in their hometown High School because of being In a separate district

1 Answer | Asked in Education Law for California on
Answered on Jul 25, 2017

Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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Q: As a small business owner, are there any legal issues surrounding donating a portion of my proceeds to a cause?

1 Answer | Asked in Business Law and Education Law for Florida on
Answered on Jul 21, 2017

If you want a deduction for federal tax purposes, you need to get, from the program to which you will be donating, a copy of an IRS determination that the program qualifies under section 501 (c) (3) (or other such subsection).
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Q: If you were part of a prosecution team and you convicted someone of a crime and 10 years later new evidence is found

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Ohio on
Answered on Jul 17, 2017

If the prosecutor can be convinced the new evidence raises serious questions about the guilt of the accused, he or she can be helpful in defense efforts to reopen the case for a new trial.
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Q: How old do you have to be to drop out of highschool on your own in Washington state?

1 Answer | Asked in Education Law and Juvenile Law for Washington on
Answered on Jul 11, 2017

Like all other states, Washington State has a compulsory attendance law. For Washington, children from 8 - 18 must attend school with few exceptions.
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Q: Can you record conversation that you are a party too?

1 Answer | Asked in Communications Law, Civil Rights, Criminal Law and Education Law for Washington on
Answered on Jul 11, 2017

No. Pursuant to RCW 9.73.030, you may not record your conversation with the office employee without her consent. RCW 9.73.030 does, however, offer a caveat:

"Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED,...
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Q: If appointed in one area, but then taught in another, can I get tenure by estoppel before I am certified in the other?

3 Answers | Asked in Employment Law and Education Law for New York on
Answered on Jul 7, 2017

The first question I would ask is if you are a member of a Union. If you are a member of a Union, the answer to your question is probably in your collective bargaining agreement. You should read it carefully or contact a labor attorney to review the agreement.
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Q: Creating a Scholarship

1 Answer | Asked in Public Benefits and Education Law for California on
Answered on Jul 5, 2017

Why not just donate the money? Are you planning on making this scholarship a yearly one? Have you considered forming a non-profit business entity for this purpose, or perhaps working through the "giving" school to donate the money to them and have them earmark it with your purpose in mind? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...
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Q: Can a child in a Christian school be punished from attending electives, in which they fail for prgrss reports, by techr

1 Answer | Asked in Education Law for California on
Answered on Jul 3, 2017

Have a lawyer such as myself review the facts, including the allegations, evidence, and contract with the school. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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