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Education Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Education Law for California on
Q: If my arrest was sealed under PC 851.91 in California does the police agency have to seal the fingerprints from CA DOJ?

My arrest was sealed under PC 851.91 but the sheriff is still reporting to CA DOJ but the superior court is not. Are they supposed to?

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

i would think your fingerprints would remain in the system..............don't we also give fingerprints for a driver's license? if see they would be available from that too.

1 Answer | Asked in Child Custody and Education Law for Ohio on
Q: local public school says I need to have custody of my daughter to sign her up for school

I am attempting to sign my daughter up for kindergarten in our local public school. Her mother recently passed away this year. I am on the birth certificate and we'd have lived together for around 7 years and before our daughter was born. I provide all health insurance, claim her on taxes, and... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

If you were not married to the mother, then the mother had sole legal custody and parental rights. Those parental rights did not automatically transfer to you when she died. It often is not sufficient that your name is on the birth certificate, as you found with the school. If a court has not... Read more »

1 Answer | Asked in Education Law for New York on
Q: If a school doesn't obey the mandatory Moment of Silence law: NV Rev Stat § 388.075 (2011), can they be sanctioned?

for Nevada

Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

This involves a Nevada statute. There's no guarantee all posts are picked up, but there might be better chances of a response if you reposted under Nevada. Good luck

Tim Akpinar

1 Answer | Asked in Education Law for Texas on
Q: If a 13-year-old in the 7th grade, in texas suffers from ADD, is there any sort of special help/bonus they can receive?

this student resides in Dallas county and goes to highland park middles school, in the highland park independent school district.

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

It is possible that your student could qualify for 504 Accommodations or a Special Education (IEP). You may consider requesting an evaluation for eligibility.

In order to be entitled to a special education, the student must have a qualifying disability and the disability must adversely...
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1 Answer | Asked in Education Law for Ohio on
Q: I have a 17 year old son who is suffering from bad anxiety. He cant an won't be around large amounts of people he ..

I have a 17 year old son who is suffering from bad anxiety. He cant an won't be around large amounts of people he starts to have really bad anxiety. He won't even go into a store unless he positively has to . So he wants to drop out of school an pursue his GED. Can he drop out with a... Read more »

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

It looks like this was previously answered here:

If your son is unable to access education due to a documented emotional disability (anxiety), then he may be entitled to protections under the...
Read more »

1 Answer | Asked in Education Law for Michigan on
Q: My child's teacher keeps asking me about his therapy and medication stuff. I don't know what more I can do

My son is ADHD and ODD. I have changed doctors due to the doctor not willing to try a different medication. I am now trying to get in to see a child psychiatrist. Every time he goes to school I get an email asking when he has therapy and when they may consider putting him on medication. It has been... Read more »

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

Teachers and school administration cannot require you to put your child on prescription medication. It is okay for the teacher to let you know what they see in the classroom with respect to behaviors, etc. However, if the teacher is that concerned that she is calling you daily, and your son is... Read more »

1 Answer | Asked in Child Custody and Education Law for Michigan on
Q: Michigan- Can the school refuse my request to withdraw my children to homeschool due to joint custody? Father disagrees.

Father disgarees. School continues to mark them absent I am now charged with truancy. School states due to joint custody I need his approval first.

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Assuming you mean joint legal custody, then yes, you would need the father's consent to any major education changes. Have you discussed this with him? If not, and if in fact you are charged with truancy, you run the risk of being on the wrong end of a custody change.

1 Answer | Asked in Education Law for Ohio on
Q: If I’m 18 and live in Ohio can I move out if I’m a senior in high school I have a job and have another place to live
Matthew Williams
Matthew Williams answered on Jan 20, 2021

Yes, but while you are still in Highschool and living at home, your parents are responsible for your reasonable care, accommodation, and feeding. If you move out, you will relieve them of those responsibilities and they won't have to take you back if it turns out you can't cut it on your own.

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Military Law for Minnesota on
Q: Unforeseen Military Order of January 26th 2018.

I was in good standing with GPA of 4.0 until the unforeseen Military Orders of January 26, 2018. I was on order to go to Afghanistan on January 26. The Army gave me two weeks to deploy to Afghanistan. This short notice destabilized me, and I did not have enough time to deal with family issues and... Read more »

William Bailey
William Bailey answered on Jan 14, 2021

What is your legal question?

1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Personal Injury for Louisiana on
Q: Can I sue a local school district for poisoning my food as a child? I might have proof of substance abuse.

Well, as a child growing up, I really didn't have too much serious health issues in which alerted me even more. My dreams were to be an athlete and play in the percussion section in my school Band. My basketball ball dreams were crushed not only because how expensive the gear and fee's... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. As a general observation, based on your description, it looks like it would be a difficult case. You're talking about gastrointestinal and muscle spasm symptoms, some of which were of a fleeting nature.... Read more »

1 Answer | Asked in Civil Litigation and Education Law for Florida on
Q: Can public schools restrict the right to have a relationship, such as by a no mention policy?

Things such as a no-kissing policy, no contact policy, or no general acts in school policy, or are these a violation of freedom of due process and of association.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2021

I assume you mean rules applying ONLY to acts on school grounds, as such restrictions on acts OUTSIDE of school, with penalties for noncompliance, likely would be unconstitutional. For on-campus activity, there are all kinds of rules for decorum purposes that would withstand constitutional... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... Read more »

1 Answer | Asked in Constitutional Law, Construction Law, Domestic Violence and Education Law for Texas on
Q: Remedies for protective order falsely obtained

Protective orders used to recover property coowner

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: If a college refuses to show evidence on brining up cyber bullying case against my son, what can I do?
Mark Oakley
Mark Oakley answered on Dec 19, 2020

I am sure the college has some procedures and rules in place for handling disciplinary matters, if this is being handled as a school disciplinary or expulsion matter. If campus police are involved, then it is a criminal matter that will be handled through the local prosecutor's office in... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for Kansas on
Q: Can I sue a University if there degree is useless and didn't advance my career?

I'm in healthcare and have been a clinical associate, CNA and dental assistant. I graduated KU with a 147 credit bachelors of general studies. Now I have a bunch of student debt and the only jobs available for me pay the same or less than before I received my degree and I'm at risk of... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 15, 2020

On the few facts you provide, it seems that you got what you enrolled and paid for at KU. I assume that you chose your field of study leading to your degree.

That may change somewhat if you have something from KU, in writing, promising you a better paying job/career than what you already...
Read more »

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2 Answers | Asked in Contracts, Intellectual Property and Education Law for Texas on
Q: If someone retypes my contract, different font same words then signs, is this legal and his property, not mine?

Have determined this is not a print program in my issue. I haven't signed it yet. Misrepresentation of fact? An attp to defraud me by his creation of intellectual property?

Kathryn Perales
Kathryn Perales answered on Dec 14, 2020

I think you are asking whether, by copying a contract you created, someone is infringing your copyright rights, and if so, how you can stop them or get them to pay you damages.

If your contract is legally considered creative enough to have copyright rights, then the verbatim copying is...
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1 Answer | Asked in Education Law for California on
Q: Educational Rights holder under IDEA times of issue 2016-2020 client turned 18 after graduation. parent or child?
Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

In MA, it would be the child unless parents have guardianship. The statute of limitations under IDEA is only 2 years, so depending on the facts (including when you knew or should've known there was an IDEA violation) you may only be able to go back to 2018. I would highly recommend... Read more »

1 Answer | Asked in Education Law for Indiana on
Q: I am a teacher Special Education Teacher in Indiana

I am a teacher Special Education Teacher in Indiana I was punched in the back of the head by a student and now they have deemed I have a Permanent Injury. The school corporation failed to be in compliance with the classroom IEP's. The classroom should have had 3 staff members in the room in... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

I would definitely recommend following up with an attorney in Indiana. Depending on the facts, you could have a tort claim against the school for negligence. In MA there is a liability cap of $100,000, and strict procedures that must be followed to put the school on notice. Good luck!

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Iowa on
Q: My ex wife has sole custody of our son in wi, I live in Iowa I have had him this school year beside him going to his

Moms a couple of time. On top of this I am paying for child support what should I do

Paul Ylvisaker
Paul Ylvisaker answered on Dec 8, 2020

If the child is going to remain with you, then the appropriate steps would be to;

1. File a Motion to terminate with Court who currently has jurisdiction over the case.

2. Transfer the existing case to your state of residence by Registering the order in the state court in your...
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1 Answer | Asked in Education Law for Michigan on
Q: Can I sue/threaten my college for renaming the degree name halfway through my education?

College is stating that it is not possible to graduate under the former title. I would like to graduate under the title that I applied for at the beginning of my enrollment.

Brent T. Geers
Brent T. Geers answered on Dec 8, 2020

Your's would be a novel case, I'm sure. I'm unaware of any "right" a student has to earn a degree with a specific name. You'd perhaps have more of a leg to stand on if, for instance, you were enrolled in a bachelor's degree program, and the school decided to no... Read more »

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