Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Education Law Questions & Answers
1 Answer | Asked in Education Law, Civil Litigation and Personal Injury on
Q: What case should I file to a teacher who is invading my privacy and questioning my personality.
Tim Akpinar
Tim Akpinar
answered on Jul 14, 2024

Ordinarily such privacy issues are handled by law firms that deal with invasion of privacy - civil litigation firms that handle injury and general intentional tort litigation sometimes handle such cases. It could involve education law if a school's privacy or security practices are relevant to... View More

2 Answers | Asked in Family Law, Education Law and Civil Rights for California on
Q: Hi, Im trying to hire an attorney for a Cross Complaint Case that is made against me and my family

My son was in an altercation at school with a student that was calling my son racial slurs. My son lost his temper and him and the boy got into a fight. The boy family is taking the school and me and family to court claiming my son attacked the boy. The boy continued to call my son racial slurs... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Seek legal representation: It's crucial to find an attorney who specializes in both family law and civil litigation, preferably with experience in cases involving minors and school-related...
View More

View More Answers

1 Answer | Asked in Education Law and Gov & Administrative Law for Kentucky on
Q: What laws do I need to make sure I completely understand a Special Education Director? and how to train my SPED teachers

How do I train Special Education teachers in legal issues?

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

You should be able to contact your state's Department of Public Instruction for resources on training K-12 staff on compliance with the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and other relevant laws that may be... View More

2 Answers | Asked in Juvenile Law and Education Law for California on
Q: Are high schools responsible to notify the parents of a juvenile about reported abuse by a teacher? what law is it?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024

To answer this question accurately, we need to consider California's mandated reporting laws and school policies regarding child abuse. Here's a breakdown of the key points:

1. Mandated Reporting:

In California, teachers and other school employees are mandated reporters...
View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
View More

1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes...
View More

2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More

View More Answers

2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2024

Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More

View More Answers

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Washington on
Q: Did my school violate my 1st amendment rights by making me remove my lai just because they saw I was white?

My school told me just before I walked for graduation that I couldn't wear my flower lai (which was given to me by my bestfriend who is Hawaiian) because it was "not from my culture" and that I had to remove it immediatly or not walk at all. I am very upset at this, as there is no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

It sounds like your school may have acted unfairly by making you remove the flower lei, especially since there was no clear rule against it. The First Amendment protects freedom of expression, but schools have some authority to regulate certain types of speech and attire, especially during official... View More

1 Answer | Asked in Personal Injury, Education Law and Landlord - Tenant for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Stop right now with thoughts of lawsuits and medical school.

While not named, I question why you would want to continue to attend a school which has already treated you so poorly. If the school is truly where you want to go, consider off campus housing. You cannot sue the school because...
View More

1 Answer | Asked in Education Law and Health Care Law for New Jersey on
Q: can i sue this school if i have a heat stroke from no AC
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

As a student, it could depend on the severity or permanence. I hope you're okay. As an employee, it could fall under workers compensation. You could reach out to attorneys to discuss more meaningfully, especially if you have any medical records. Good luck

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Wisconsin on
Q: Is it legal for a public school nurse to provide pregnancy tests to the students privately?

15 year old child was given a pregnancy test at school by the school nurse without informing parents. Child also has an eating disorder that a school teacher reported her for and tried to force into counseling while telling the child's friends.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

The legality of a public school nurse providing pregnancy tests to students privately can vary depending on state laws and school policies. In many places, school nurses are allowed to offer certain health services to students confidentially, including pregnancy tests, without needing to inform... View More

1 Answer | Asked in Education Law for Florida on
Q: Do I have a case to sue the one or both institutions that acted negligently and caused damages to me and my academics

Despite repeated attempts to explain my financial situation via phone and email, UNF ultimately dropped me from the courses twice due to non-payment. My attempts to reach UNF for clarification and resolution were met with delays, unanswered emails, and limited or poor assistance. Notably, the final... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

You may have grounds to pursue legal action if you can demonstrate that both institutions acted negligently and caused you significant damages. The issues with UNF, including being dropped from courses twice despite resolving your financial aid situation and the lack of effective communication,... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

1 Answer | Asked in Education Law for California on
Q: Is there someone out there who knows education law well enough to take on a case for unjust expulsion?

I was unjustly expelled from my college and was not given the due process I was legally owed prior to their decision to expel me. This case is complicated and I have full records to prove that the institution was at fault for their part in how my education turned south. I am desperately seeking... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

It sounds like you're in a very difficult situation with your college expulsion. Under California law, students are entitled to due process before being expelled, which means you should have been given notice of the charges against you and an opportunity to defend yourself. If these procedures... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

"PSL"? You mean personal sick leave? These are for full time employees, including at will employees. My experience is that a substitute teacher is not a full time employee of a school district, they are hired to work assignments and I believe your agreement with the district will spell... View More

View More Answers

2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

As an at-will employee in California, your employer is generally required to provide paid sick leave (PSL). Under California law, employees are entitled to accrue at least one hour of PSL for every 30 hours worked, up to a minimum of 24 hours or three days per year. If you've met the... View More

View More Answers

2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024

Yes, if your child has an intellectual disability, it should be mentioned during the IEP (Individualized Education Program) meeting. The purpose of the IEP meeting is to develop a comprehensive plan that addresses all of your child's educational needs. Mentioning all disabilities, including... View More

View More Answers

2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 29, 2024

To qualify for an IEP, the student has to have a qualifying category of impairment. This could be Autism or other category. Does an IEP team have a legal obligation to speak certain words at an IEP specifically? The disabilities and needs of the student guide the development of the document, but... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.