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Education Law Questions & Answers
2 Answers | Asked in Education Law for California on
Q: For a student on home hospital, can the resident district refuse to provide work?

For a student who needs to be on home hospital, I saw on the edu FAQ page that while the district of where the hospital is located is responsible for his education during his stay, he “may” continue to stay enrolled at his original school of residence to facilitate an easier transition back... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Nov 20, 2024

Generally, if the student's hospital location (excluding state hospitals) is in a different district than the parent's residence, and they qualify for HHI, the district where the hospital is located is the one who will provide the HHI. The parent's district of residence is not... View More

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1 Answer | Asked in Education Law for Nebraska on
Q: Hello, My wife is a special education teachers in Nebraska. She has been physically abused by a student. Options?

It started last year when she went to the ER for a possible broken finger. After that incident things stopped. This year it has all started again. The student has hit her or thrown thing at her for 3 days in a row. So on 10/25-10/29-10/30. Administartion has seen his action but nothing has been... View More

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Unfortunately, some careers have a greater risk of physical injuries than others. Generally, injuries that were caused within the line of work are compensated under workers' compensation. If you were injured at work, you should speak with a workers' compensation attorney to see if your... View More

1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

1 Answer | Asked in Education Law and Family Law for Virginia on
Q: What does the law say about running away from home at 18 if you are still in high school? Would truancy laws apply?
David G. Parker
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answered on Oct 25, 2024

Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More

1 Answer | Asked in Education Law and Small Claims for Arizona on
Q: I believe I have a "Fraudulent misrepresentation" law suit. My school lied to me about a title I was suppose to receive.

I have an email from 2023 with pre-enrollment clarifications & information I wanted to get before officially making such a large educational decision. The online course said I would earn a "Master Health and Nutrition Coach" title once I completed all the said courses (6 in total)... View More

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

An Arizona attorney who works with education law matters could advise best, but your question remains open for three weeks. From a general civil litigation standpoint, it looks like it has the makings of a costly endeavor if a law firm were to charge hourly for their services. This doesn't... View More

3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

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2 Answers | Asked in Education Law for California on
Q: If I passed 7th grade but feel emotionally unready, and my parents agree, can the school still make me go to 8th grade?
Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 11, 2024

Yes, unfortunately they can pass students on. All CA school districts must have a policy regarding student promotion and retention. Legally they look at retention at certain time periods, one of them being between eighth grade and high school. The policy should have an appeal option for the... View More

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1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

2 Answers | Asked in Education Law for California on
Q: California-Is there a minimum time I need to notify the school district before the expulsion hearing to contest it?

In California, my child's school wants to expel him and has set up a hearing. The school is saying we need to give them five business days prior to the hearing that we need to inform them we will be there and contesting the finding. This information is not in the expulsion packet or the... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 1, 2024

Although that is not a requirement of the Education Code, Districts sometimes may clarify their own local requirements. It is often best just to notify them, if possible, if that is their local policy. However, theoretically there could be an argument on appeal based on the Education Code... View More

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1 Answer | Asked in Contracts and Education Law for Puerto Rico on
Q: Hello I signed a ISA for a coding school and on the contract in the disclaimer it says it is not a credit or loan

But according to the to the The Consumer Financial Protection Bureau and the Department of Education it is in fact a private education loan are these grounds for Misrepresentation? I signed the contract because they kept sayin it is not a loan

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 30, 2024

My immediate advice to you is to never sign any agreement/contract unless you fully understand what it is that you are signing. A general rule of law is that ignorance of the law does not exempt you from it's compliance; and contracts are considered law between the subscribing parties.... View More

2 Answers | Asked in Education Law for California on
Q: If a student with an IEP does not meet the minimum requirements to earn a high school diploma can they stay beyond 18

The student didn’t graduate. Can he stay a 5th year or even longer to earn his diploma?

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 22, 2024

Hello:

Even if a high school student earns a "certificate of achievement" they can continue working toward their high school diploma. Where they attend and what services they get will depend on the school district and their individualized IEP.

Many districts shuffle...
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Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Education Law for New York on
Q: What type of case would it be if I were trying to sue the school for breaking the law involving lead contmination?

They have not posted anything relating to the remediation results on their last testing in 2020. We also have many different faucets that were not over the lead limit as of 2020, but as of December 2021, 47% of our faucets are over the lead limit. Just wondering what type of case this would be and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

Depending on who is affected, it could be an environmental matter, toxic tort matter, occupational health & safety matter, or other. It sounds like it could be a complex setting - possibly involving sampling, lab analysis, and investigation of all possible sources. Best way to go about it? A... View More

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can an opposing party bring a lawyer to a meeting without my consent or knowledge?

My child was injured in school and initially refused care. Was told to sit down when the teacher was informed of a knocked out tooth, blood and pain. Only after numerous attempts of informing the teacher of the injury and pain was my child brought to the nurse who was on lunch break. My child then... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I hope your child is okay. The short answer to your question is that you may also have the right to bring an attorney. The matter may have been resolved at this point, but you could reach out to Pennsylvania... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Education Law for California on
Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?

I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 12, 2024

CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have... View More

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1 Answer | Asked in Family Law and Education Law for New York on
Q: Is it legal for a school to say we are mandated by law to use their app for notices from the principle and teachers?

We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

There could be a couple of different ways to look at this - it is more a privacy law question than an education law question. A starting point could be to check with your attorney (the one associated with the court order). They would know better than anyone on a public forum the scope of what the... View More

1 Answer | Asked in Contracts and Education Law on
Q: Ayuda para que Mariajose no se integre a mi sociedad

Hola, necesito que entiendas la situación en la que estoy con la empresa. María José, que se había retirado, quiere reincorporarse y esto tiene varias implicaciones. La empresa tiene una deuda de $80,000 con un interés del 10%, pero si María José se reincorpora, el préstamo sería de... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

ESTO NO ES ASESORIA LEGAL. Sin embargo, con base en los hechos presentados, estan son las precisiones que pueden hacerse:

La reincorporación de María José en la empresa, dada la estructura y el contrato social que para existir exige la aprobación de todos los socios, tiene implicaciones...
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1 Answer | Asked in Education Law for Indiana on
Q: My kids are being told they can’t attend the school they been going to for the last 3 years just of where we live

My children been attending school in Lowell Indiana for 3 years now and this year being told they can’t attend because of where we live in Chicago we lost our place of residency and now we live with my mom temporarily and the school is telling my kids they can’t go there and I make sure they go... View More

Joel D. Hand
Joel D. Hand
answered on Sep 7, 2024

Under Indiana law, a student has a right to attend the public school in the attendance area of the school where the child has legal settlement. Legal settlement is determined by the address where the child resides.

Based on the information you provided, because you and your children now...
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1 Answer | Asked in Education Law for New York on
Q: Can an educator sue the NYS Department of Education if they keep failing the teacher exams?
Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

There are attorneys here on this forum who are knowledgeable in this area, but your question remains open for a month. This is not my area of practice, but you could reach out to attorneys who practice in education and civil rights law (the latter if you suspect that you suffered discrimination in... View More

2 Answers | Asked in Collections, Education Law and Contracts for Louisiana on
Q: Is there any way to get out of paying an unreasonable loan?

I signed a student contract agreement that I didn’t realize stated that I could never cancel the program or withdraw. Additionally, they’re going to make me pay the loan even though the program hasn’t started yet and I will not be completing anything in the program.

Joseph Barron Odom Sr.
Joseph Barron Odom Sr.
answered on Aug 13, 2024

It is very hard - if not impossible - to get out of student loans/student contract agreements.

For example, student loans cannot be discharged even through Bankruptcy proceedings. Further, Louisiana law is clear that in contract disputes, the contract signed by the parties is the law...
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