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Education Law Questions & Answers
1 Answer | Asked in Education Law for Massachusetts on
Q: Can the school provide the details of a ratio between sped and general ed in a classroom cohort?

I would like to know if the general ed cohort my child is in is heterogenous. She feels that it is in a targeting special ed group because she is on a IEP- I have requested the ratio of gen ed to special ed in this cohort and the school denied the request. Do I have the right to know as a member of... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 26, 2021

This is not a privacy concern, but there is no explicit "right to know" either. As you correctly note, you are a member of the team. The information may help you to make informed decisions about appropriateness of placement, etc.

1 Answer | Asked in Education Law and Small Claims for Oregon on
Q: I transferred schools without unregistering from the classes of the previous school. Though I did not receive education

I notified the school when I requested my transcripts. My attendance will show I did not attend any classes. Do I have a case for small claims court?

Gregory L Abbott
Gregory L Abbott answered on Oct 22, 2021

You don't say what the school's policy is on refunds and/or withdrawal mid-term but it likely would govern. That said, if you didn't tell them I strongly doubt a court would give you any refund.

1 Answer | Asked in Contracts, Personal Injury, Education Law and Health Care Law for Nevada on
Q: What are my options for if I’m injured at school?

I’m in medical assistant school and one of the other students gave me possible nerve damage at some point during a vein puncture or injection. I went to the doctor after alerting my teacher and the doctor told me my symptoms sounded like nerve damage and to see a specialist if I don’t see... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2021

A Nevada attorney could advise best, but your question remains open for a week. You ask about your options. A starting point could be to try to arrange a consult with an attorney. Most law firms that handle injury cases offer free initial consults. Whether or not an attorney identifies the basis... Read more »

1 Answer | Asked in Education Law for Colorado on
Q: My son has a 504 plan in 6th grade was put in a room by himself cause he refused to wear a mask. is that legal?

I sent the school a letter stating that I refuse them to put a medical mask on my child. They will not comply. When my son showed up to school Thursday without a mask they removed him from class and put him in a room by himself with no direction from his teachers on how to do his school work. He... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 15, 2021

I'm not sure if this is still an issue, but the 504 plan is to accommodate your child's disabilities so he can access his education. Is he physically unable to wear a mask due to his ADD? If so, you should meet with the 504 team to discuss what types of accommodations can be put in... Read more »

1 Answer | Asked in Education Law for Oklahoma on
Q: Is it possible to have my child be exempt from P.E. class?

She is a straight A. student but lacks athletic ability so it causes other kids to not want to include her and get made fun of so she doesnt like school anymore. P.E. class shouldnt cause kids to feel this way. I dont see this class being necessary for her. She is in 5th grade and has loved school... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 15, 2021

Federal law does not require public schools to provide physical education, but many states do. Below is from 2010, so guidance may have changed.

"Oklahoma mandates at least 60 minutes of physical education per...
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2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Education Law for Michigan on
Q: As an 18 year old in Michigan, can my high school force me to retake my sat because "everyone did poorly" ?
Brent T. Geers
Brent T. Geers answered on Oct 11, 2021

That you are 18 doesn't exempt you from school directives.

1 Answer | Asked in Sexual Harassment and Education Law for Florida on
Q: Can an esthetics instructor lose their license for sexually harassing students.

Recently graduated from esthetics school in Florida but it was the worst experience I've ever had. One of the things we can be taught is a Brazilian wax where all of the last but are waxed. I was the demo for my instructor and during the wax, she kept making comments along the lines “oh look... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 10, 2021

Assuming you are referring to "cosmetology" as defined in Florida Statute 477.013 (4), no, it is doubtful. The conduct you describe doesn't appear to be a crime.

2 Answers | Asked in Education Law, Personal Injury and Civil Rights for California on
Q: Help with safety and metal health at elementary school in San Jose CA

My son is 7 and is undergoing testing in school for disabilities and by his main pediatrician. He's been acting up at school more and more and he told me kids have been bullying him and hitting him and calling him names every day. During lunch time on Thursday I went to check up on him and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 10, 2021

You need an advocate for your son. There are lawyers who concentrate on education issues, especially for children like your son. Do your search in and around the bay area, where you live, and you will find those special attorneys who devote themselves to helping parents like you. They are out... Read more »

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1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro answered on Oct 7, 2021

Hire a good lawyer!!!

1 Answer | Asked in Education Law for New York on
Q: can a principal ride a school bus whenever they want
Tim Akpinar
Tim Akpinar answered on Sep 29, 2021

It would depend on the regulations of the school district, school, and bus company. In general, principals do have broad authority to audit or inspect activities that affect the welfare and safety of students. Good luck

Tim Akpinar

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Education Law for California on
Q: My daughter was on the bus in morning modesto city schools when a group of girls jumped her well she got expelled

The other girl pushed first and it was a group of girls beating my daughter me and my older daughter arrived and got on the bus to get my daughter when the other girl attacked my older daughter and in self defense she fought back i yelked to ither girl get off her so she didnt listen so i told my... Read more »

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

more info is needed.

are you just looking to deal with the Expulsion?

did you request a hearing or has there been one?

in other words, what are you looking for?

1 Answer | Asked in Education Law and Traffic Tickets for Ohio on
Q: a school bus stops with its flashing lights on at an intersection on my right , can i turn left away from the bus?
Andrew Popp
Andrew Popp answered on Sep 24, 2021

The answer depends on additional details. Section 4511.75 of the Ohio Revised Code spells out your obligations. (link below)

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... Read more »

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

1 Answer | Asked in Education Law for California on
Q: Hi can a school pusish you if jaywalk in front of them off campus
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Yes. You are under the protection/control of the school until you return home.

1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... Read more »

Chris W. Burks
Chris W. Burks answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... Read more »

3 Answers | Asked in Criminal Law and Education Law for Michigan on
Q: Can I press charges against our board of education and have them criminally prosecuted under this statue? MCL 380.1307b
Michael Zamzow
Michael Zamzow answered on Sep 17, 2021

Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.

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1 Answer | Asked in Immigration Law and Education Law for Maryland on
Q: I have a pending asylum, can I get instate tuition. I have a work permit and a SSN. I work and pay taxes in Maryland.
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

Pending asylum does not confer any status to an asylum applicant. You are only permitted to remain in the U.S. and may receive an EAD and a Social Security Number to engage in lawful employment.

However, for the purposes of qualifying for an instate tuition you need to discuss it with the...
Read more »

2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... Read more »

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