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1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Kentucky on
Q: Can public school employee coach with arrest record in Kentucky?

I was arrested twice, once for drug trafficking and once for drug possession and unlawful transaction with a minor. The charges were dismissed in both cases, and I have no ongoing legal proceedings aside from a bench warrant for failing to appear in a traffic case. Six weeks after being hired, my... View More

Timothy Denison
Timothy Denison
answered on Mar 24, 2025

That decision is solely up to the School Board since Kentucky is an at will employment state. Since the charges were dismissed, it really shouldn't affect your employment. However, you may want to consider having the record expunged altogether so that this problem doesn't arise in the future.

2 Answers | Asked in Civil Rights, Education Law, Employment Law and Civil Litigation for California on
Q: What type of attorney for cyberbullying with physical threats towards a minor?

I am dealing with an incident where my minor child was cyberbullied by another minor, involving threatening posts that included physical harm. The school's district was aware and requested the posts be taken down, but never contacted us directly. Upon reaching out, they mentioned they... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Mar 14, 2025

You need a education attorney who represents students. Often schools don't address bullying despite their legal obligations until a parent brings someone in.

They are mandated to address school bullying, but they have discretion on how they will do that.

It is unclear,...
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2 Answers | Asked in Education Law and Civil Rights for California on
Q: Son removed from baseball team for standing up to bullying; coach claims disrespect. What can be done?

My 16-year-old son, a talented baseball player, stood up for a smaller player against a much larger tennis player while the tennis coach passively watched. After the incident, my son asked the tennis coach who he was, and the coach responded that this would negatively affect my son's baseball... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Mar 11, 2025

This is a tough situation- you definitely need to locate the sports policies for the team or generally (e.g. for all sports at that school), and challenge it based on those. You may need to go above their heads. It is possible there is a policy of good sportsmanship that the Coach could try to... View More

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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Can I appeal my child's alternative school placement for declining a bag search?

My child was sent to an alternative school last week because she declined a search when she requested for a parent to be present, which was denied by the school. Despite her refusal, her bag was searched. Following this, she was placed in SDGC for 60 days. There is a student handbook, but my child... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More

2 Answers | Asked in Employment Law, Personal Injury, Education Law and Civil Rights for California on
Q: Options after assault by student at high school in California?

I'm a contractor nurse working 1:1 with a student at a high school in California. Last Friday, a special education student physically assaulted me by hitting my arm and pulling my hair. Two teachers and a paraprofessional witnessed the incident. About an hour later, the same student entered... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 17, 2025

You have a whole host of rights at stake here.

The most important question is: who is your employer? Is it the school district, or a private contractor who placed you in the position?

Regarding any injuries you may have suffered during the assault, those are typically limited to...
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2 Answers | Asked in Education Law for California on
Q: Can a school administrator listen to my phone call with a teacher without acknowledging they were there?

My daughter attends an expensive private high school. There was an issue with grading with one of the teachers. When I emailed the teacher, she returned my call and was unexpectedly dismissive and blatantly rude. Telling me I seemed upset, said I seemed like I had problems, every other word was... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 13, 2025

Schools usually back their teachers, right or wrong. There is no law that precludes other staff from being present. Perhaps in the future, ask if anyone else is there?

Private schools often include a term in their contracts allowing the private school to terminate students due to...
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2 Answers | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California on
Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 10, 2025

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm...
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2 Answers | Asked in Education Law for California on
Q: Can Hiring an IEP Attorney Help Secure Additional In-School ABA Therapy?

My 5-year-old autistic child is currently receiving speech therapy (30 minutes, twice a week) and behavioral therapy (45 minutes per week) as recommended by the IEP in an LA County school district. However, my child frequently refuses to go to school, and the teacher has reported ongoing conflicts... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 7, 2025

Hello:

Good question- hiring an attorney can help parents/students in many ways, including getting IEP services, making sure the IEP is adequate, etc. However it cannot be predicted what services will issue or who may need to fund or who will be obligated to provide those services. What an...
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4 Answers | Asked in Education Law for California on
Q: Grad school insists i pay for a course that i requested to be dropped. what kind of lawyer do i need?

i sent three emails in the three weeks leading up to the course drop date. the school did not respond to any of the emails. now they will not let me take additional classes until i pay for this class which i requested to be dropped from. the balance is $1,800.

their rationale is that i... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Jan 31, 2025

Hello:

You need a student education attorney or a contract attorney. You have to follow the procedures to drop classes and it is unclear if emailing was the correct way to drop the class or not. If you met their requirements, you can bring someone in to help protest.

For pro bono...
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4 Answers | Asked in Education Law for California on
Q: Grad school insists i pay for a course that i requested to be dropped. what kind of lawyer do i need?

i sent three emails in the three weeks leading up to the course drop date. the school did not respond to any of the emails. now they will not let me take additional classes until i pay for this class which i requested to be dropped from. the balance is $1,800.

their rationale is that i... View More

Robert Kane
Robert Kane
answered on Feb 1, 2025

From a practical stand point, neither legal aid nor attorneys will be able to assist in a $1,800 dispute. Legal Aid doesn't address these types of issues and an attorney cannot afford to donate three hours or more (>$900) to help you recoup $1,800. If you are unwilling to pay an attorney... View More

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1 Answer | Asked in Personal Injury, Products Liability and Education Law for Iowa on
Q: My son was given the wrong medicine at school.

My son is supposed to have guanfacine (non stimulant) at school, the nurse gave him someone else's medicine which was Ritalin 10mg (stimulant and a controlled substance) instead. Thankfully he was okay and only had a minor stomach ache. I talked to the principal and he was very dismissive... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 30, 2025

Let me start off by saying, "mistakes happen". And when there is no damage it is best to take the high road. The nurse is not perfect, none of us are. So ask yourself, who would you report it to, and what action might they be able to take? Then ask, why? The nurse has been a nurse for 25... View More

1 Answer | Asked in Education Law for Louisiana on
Q: Can I sue the school/ school board for school nurse giving my son another student’s medicine

My son was given another students medicine at school by the nurse. My son does not even take medicine at all.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2025

A Louisiana attorney could advise best, but your question remains open for two weeks. Yes, you could, from a textbook standpoint. From a PRACTICAL standpoint, it would depend on what the impact was of taking the other student's medicine. I hope your son is okay. If nothing serious happened... View More

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for Pennsylvania on
Q: is it illegal for school staff to watch students use the restroom?

I am in PA and my school has started to have teachers and other school staff stand in the bathrooms and hold the doors open and watch kids as they use the restroom as a way of stopping students from vaping. It is really uncomfortable to try to urinate while your math teacher is watching you, they... View More

Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice.

Students have certain privacy rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In schools, these rights are balanced against the...
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1 Answer | Asked in Education Law for New Jersey on
Q: Can a school suspend my son if has an IEP

He has adhd,odd,anxiety,ocd, tourette and coordination problems

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 27, 2024

I don’t know how old your child is so this is kind of generalized;

In New Jersey, a school can suspend a student with an Individualized Education Program (IEP) for up to 10 consecutive school days, as long as the suspension is not considered a change in placement. The school district...
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3 Answers | Asked in Consumer Law, Civil Rights and Education Law for California on
Q: My teacher at Carrington college has not given access to exams I have done, she has been marking my right answers, wrong

When I presented the issue, she blames on technical error. This is effecting my grades

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

Look at your Handbook and see what Carrington's policies are on accessing the testing instruments. Sometimes colleges won't let students access exams if they re-use them year to year, in case a student puts them on the internet. However, you should be able to go review the exam and your... View More

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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

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