Education Law Questions & Answers

Q: Can I be fired for a student claiming I pushed him?

1 Answer | Asked in Employment Law and Education Law for California on
Answered on Mar 8, 2019
Neil Pedersen's answer
Can you be fired? Yes. Will you be fired? No one here can tell you that. It depends on what the District believes occurred. Just because the police decided not to prosecute does not mean the District has to keep you employed. If you are in a union it would be important to get your union involved right away. Good luck to you.

Q: Can I/How do I oppose my university??

1 Answer | Asked in Contracts and Education Law for Ohio on
Answered on Mar 8, 2019
Joseph Jaap's answer
A university makes scholarship decisions. If they made a mistake and want their money back, they could withhold your diploma until repaid. You could get an attorney involved. That might delay things. You can use the Find a Lawyer tab to retain an attorney to review the facts and attend the meeting with you or go by yourself.

Q: I want to sue a NYS College. I dont know where to begin, can you help

1 Answer | Asked in Contracts and Education Law for New York on
Answered on Mar 7, 2019
Michael David Siegel's answer
To whom do you owe the money? If the school, write a letter denying the debt, and wait to be sued. If the Higher Education Authority or USDOE, then check your credit report and see how it is reflected and reach out to them.

Q: I'm 18 and I was wondering if truancy laws would still apply to me?

1 Answer | Asked in Education Law for Ohio on
Answered on Feb 26, 2019
Matthew Williams' answer
For any violations which occurred before your 18th birthday, yes they do. Now that your 18, you can drop out if you want to...not a good idea though

Q: Can I enroll in high school at 18 or without a legal guardian?

3 Answers | Asked in Child Custody, Education Law and Family Law for Georgia on
Answered on Feb 25, 2019
Kim Ebert's answer
The best source for an answer to this question and 1 that may be able to assist in any possible transition would be an appropriate official at the school, such as a counselor or administrative employee. The completion of a high school education is an extremely important step to success in life. It is in everyone’s best interest, and yours above all, that you complete yours. Good luck.

Q: What happens if I abruptly terminate my US F-1 status in the middle of the semester?

1 Answer | Asked in Immigration Law and Education Law for Texas on
Answered on Feb 22, 2019
Hector E. Quiroga's answer
We recommend that you speak with your school’s DSO. Generally under the circumstances you will want to go through the proper channels so you do not jeopardize your ability to reenter the US. It is more than likely a question of notifying the proper authorities of your intentions and then following all instructions for withdrawing.

Q: I live in Lafayette NY school District, the school my 12 yr old attends is not dealing with the bullying and harassment

1 Answer | Asked in Education Law for New York on
Answered on Feb 19, 2019
Michael David Siegel's answer
Does he have an IEP? If yes, what does it say? If not, you need to have him evaluated for disability services. You can do it privately, or request that the school do it for free.

Q: My 9 yr old was slammed on his back twice by bs gym teacher

2 Answers | Asked in Criminal Law, Personal Injury and Education Law for Tennessee on
Answered on Feb 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.

Q: Is it legal to put fake names, birthdays, and answering not honestly for a valentines day matching survey?

1 Answer | Asked in Education Law for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
In a word, yes. It's not illegal to lie to a non-governmental institution, at least if it's not under oath.

Q: Is it illegal not to answer questions from a police officer in high school?

1 Answer | Asked in Education Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
You can refuse to answer if what you would say would tend to incriminate you. No, you still have your constitutional rights in school.

Q: So in the Meyer v Nebraska case why was it ruled unconstitutional and what evidence did they have to prove that

2 Answers | Asked in Civil Rights, Constitutional Law and Education Law for Texas on
Answered on Feb 7, 2019
Gary Kollin's answer
Cool Simon. They deal with assignment is for you to do the work not to ask someone else to do it for you.

This is a public forum. I hope for your sake that your teacher does not also utilize this forum and discover your question.

This sounds like a violation of the honor code to me

Q: student loan

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.

Q: I was charged with terroristic threats and offered PTI because that’s what my public defender told me would be the best.

2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Answered on Jan 29, 2019
Leon Matchin's answer
Your best bet is to hire a private attorney to take the case to trial because sounds like the public defender's office doesn't feel that they want to spend their time taking your case to trial for whatever reason. If you have a budget for a private attorney then that's your best bet. Good luck!

Q: What options do I have to get The College Board to honor a legal name change for student records?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not create a significant burden for them to worry about changing names on records that are older than 4 years. It's a private, non profit organization, and when you take tests through the College Board, you...

Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on
Answered on Jan 25, 2019
Timothy Denison's answer
You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!

Q: GOOD AFTERNOON IS THERE A SPECIFIC LAW FOR A PERSON HAS A RIGHT TO A FAIR EDUCATION ???

1 Answer | Asked in Education Law for California on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
An education attorney is what you may need. 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.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court

1 Answer | Asked in Divorce, Family Law, Child Custody and Education Law for Ohio on
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.

Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office

Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. 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,...

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