Education Law Questions & Answers

Q: My 14 year old was with a group of friends in school they were using a flavored vapor. She had to get drug tested then

1 Answer | Asked in Education Law and Traffic Tickets for New Jersey on
Answered on Dec 12, 2017

Yes you can get summoned for court even at 14 that is what juvenile court is for. You should get her a lawyer.
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Q: Could i get into trouble for skipping school in florida if i am 19

1 Answer | Asked in Education Law for Florida on
Answered on Dec 12, 2017

No. The truancy laws in Florida only apply to students under the age of 16.
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Q: If school officer removes a disabled adult student from school & transports her home without consent is that kidnapping?

1 Answer | Asked in Civil Litigation, Education Law and Criminal Law for Oklahoma on
Answered on Dec 11, 2017

No this is not kidnapping. No crime exists with this set of facts.
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Q: Okay. My friend is 16 he doesnt have a high school dep. Or GED. No licence. Lives in florida. He had a daughter with 19

1 Answer | Asked in Education Law, Family Law and Juvenile Law for Florida on
Answered on Dec 11, 2017

He should probably begin by contacting an attorney in the state where the mother and daughter are located. If he sues for visitation, and the daughter has been in another state for at least six months, he would have to sue there.
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Q: Do I need to sign a form if I'm now NOT taking time from work for a previously scheduled procedure that I cancelled?

1 Answer | Asked in Employment Law and Education Law for Illinois on
Answered on Dec 11, 2017

Employers these days do everything they can to protect themselves. They are highly likely telling you the truth, that having you sign the document is simply intended to prevent you from claiming they wouldn't give you the time off later on. From the employer's viewpoint, it makes perfect sense. From your viewpoint it ought to be "No harm, no foul;" in other words, it costs you nothing to make your employer happy, it doesn't jeopardize your rights in any way, and signing it will likely cause...
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Q: Can I get Navient student loans forgiven if I am homeless & was not able to work in the industry i went to school for?

1 Answer | Asked in Education Law and Bankruptcy for California on
Answered on Dec 11, 2017

The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."

I recommend that you do some simple research yourself on the subject of a bankruptcy "undue hardship" discharge of student loans, and see if you think you have a case.

If you think so, submit a new question with the details of why you think you might be able to qualify for the "undue...
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Q: I'm a single mother going to school to finish a nursing program. I have 30000+ in studLdebt. Can I prove unude hardship?

3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on
Answered on Dec 10, 2017

Incorrect information about your college enrollment status can cost you warns the Consumer Financial Protection Bureau. In a Consumer Advisory published February 2017, the CFPB outlined the ways the bad information about enrollment status can wreak havoc for student borrowers. The sale of your loans would not have caused a default. If you are in repayment status and have not made a payment in 270 days is what triggers a default. If you default on a federal student loan, you lose eligibility to...
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Q: Can I sue school for wrongly implying that I bullied someone?

1 Answer | Asked in Education Law, Personal Injury, Internet Law and Libel & Slander for New Hampshire on
Answered on Dec 8, 2017

I don't see enough facts in this scenario to justify a lawsuit unless there is more, a good place to get someone in the school ranks to help you with any problems you may have may start with filing a complaint to your superintendent or to the person representing your district on the school board.
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Q: NYC local govt like NYC Deptt. of Sanitation or Transportation are exempted from E-Verify? Can I work there on STEM OPT?

1 Answer | Asked in Employment Law, Gov & Administrative Law, Immigration Law and Education Law for New York on
Answered on Dec 8, 2017

Your best bet is to contact the employer directly to ask.
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Q: What can I do to fix this?

3 Answers | Asked in Personal Injury and Education Law for California on
Answered on Dec 8, 2017

You can file a police report. What happened to you is a crime. Several crimes, actually. You can sue her for invasion of privacy and a number of other claims. Since you are 17, this has to be done through a parent, or other adult. It is possible that their may be claims against the school, but you have 6 months to file a Claim against the school.
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Q: Can a refugee claimant over 19 in Canada go to high school??

1 Answer | Asked in Education Law and Immigration Law on
Answered on Dec 7, 2017

You need to direct your question to an attorney in Canada. This is USA attorneys.
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Q: NYC local govt. like NYC Deptt. of Sanitation or Transportation are exempted from EVerify? Can I work there on STEM OPT?

1 Answer | Asked in Employment Law, Immigration Law, Education Law and Gov & Administrative Law for New York on
Answered on Dec 6, 2017

An immigration lawyer or one who serves as counsel (possibly in house) for higher education is best suited to answer this question.

https://studyinthestates.dhs.gov/stem-opt-hub
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Q: How can an 18yo transfer high schools without parental consent?

1 Answer | Asked in Education Law and Family Law for North Carolina on
Answered on Dec 4, 2017

He is 18, and an adult and has been kicked out - why would he care what his parents condone? They don't get to kick him out and then still control what he does.
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Q: I'm 18 I live with my fiance can I drop out of school in ohio then go get my GED

1 Answer | Asked in Education Law for Ohio on
Answered on Dec 4, 2017

Yes. It's a bad idea, but entirely within your rights.
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Q: Can parents legally kick out an 18yo still in high school in North Carolina?

1 Answer | Asked in Adoption, Education Law, Family Law and Juvenile Law for North Carolina on
Answered on Dec 4, 2017

At 18 there is no 'technically' about it - he's a legal adult, not a minor and being adopted is irrelevant. If the person is 18, the parents can tell him to leave whether he is still in school or not. They should not use self help (force to physically throw the 18 year old out). If he won't leave he is then likely trespassing and law enforcement can be called to remove him from the property. Of course, law enforcement may say this is a civil matter and you may have to do a formal eviction....
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Q: If a teacher refuses to follow emergency evacuation procedures deliberately, what law does that fall under?

2 Answers | Asked in Criminal Law, Federal Crimes and Education Law for New Jersey on
Answered on Dec 4, 2017

It would probably fall under an employment law problem.
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Q: Does my daughters father have a say in what school she goes to when she lives with me?

1 Answer | Asked in Education Law and Family Law for Pennsylvania on
Answered on Dec 1, 2017

Unless one parent has been awarded sole legal custody, both parents share legal custody of their children. Legal custody is the right to make important decisions that impact children regarding education, religion, and medical care. Thus you both have say in where your daughter attends school.

For more information please feel free to read my blog on sole versus shared legal custody in PA....
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Q: Is it legal for three adults / school officials to question a 6 year old alone and without parent consent?

1 Answer | Asked in Education Law and Juvenile Law for New Jersey on
Answered on Dec 1, 2017

Unless it is a dire emergency regarding health and safety of other students, I don't think so
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Q: Can my highschool charge us a one time fee to be drug tested?

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Education Law for Oklahoma on
Answered on Nov 30, 2017

Yes, just like a lot of other fees charged in school.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.
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Q: This is just a general question I’m 17 and I was to go back to high school I don’t have any transcripts or records can

1 Answer | Asked in Education Law for New York on
Answered on Nov 29, 2017

No, you cannot be refused. Go to the local school and register.
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