Education Law Questions & Answers

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Q: My tuition remission was revoked when my dad was suddenly laid off.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,...

Q: Are adult convicted felons allowed onto school property in the state of Tennessee?

1 Answer | Asked in Education Law for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
Usually they have a right to go there unless they are Registered Sex Offenders.

Q: What is the statue of limitations in cases that involve special education?

1 Answer | Asked in Education Law for Ohio on
Answered on Jan 14, 2019
Lori E. Arons' answer
The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a petition was timely filed.

Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...

Q: Parents brought me here illegally very young. I just want to know my options.

2 Answers | Asked in Immigration Law and Education Law for Nevada on
Answered on Jan 11, 2019
Kelli Y Allen's answer
Unfortunately, you are in the situation of a large number of young people who need a change in the immigration laws. The Deferred Action for Childhood Arrivals (DACA) program) applies to your situation, but because of the President's executive order, no new DACA applications are being accepted. This is currently being reviewed by the courts, so there is the possibility that DACA applications will resume. If you hear in the news that has happened, contact an immigration lawyer immediately....

Q: Are school officials allowed to communicate with parents of students who are 18+ about behavior or grades?

1 Answer | Asked in Education Law for New York on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
Great question. Private schools might operate via contracts and consent forms. Public schools operate under statutory law, and in NY the age of majority is 18. Thus technically, absent a consent waiver to communicate with others, public school administration and faculty should be communicating only with the adult student about school records. 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...

Q: concerning a notice of claim against ny school district when does the 90 days run out if the injury occurred on 10/6/18

1 Answer | Asked in Education Law and Personal Injury for New York on
Answered on Jan 9, 2019
Peter Munsing's answer
90 days from then. There may be exceptions--if you are over the time limit but they were aware of it you may have an out. Contact a member of the NYState Trial Lawyers Assn in your county immediately--as in today! They give free consults.

Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?

1 Answer | Asked in Civil Litigation, Education Law and Civil Rights for Michigan on
Answered on Jan 9, 2019
Brent T. Geers' answer
Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.

Q: A teacher at a school yelled in my daughter face and my daughter pushed the teacher now they are pressing charges what..

1 Answer | Asked in Criminal Law and Education Law for Georgia on
Answered on Jan 4, 2019
David Edward Boyle's answer
Your daughter's case for battery will be in juvenile court where she likely only faces probation even if she is convicted. A more pressing outcome is that she will likely be suspended from school for 10 days and then expelled under the school's zero tolerance program. I would strongly encourage you to hire a lawyer to represent her.

Q: is it possible for say a judge to force someone who is 17 years old to go to school

1 Answer | Asked in Education Law for New York on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
See: https://www.schools.nyc.gov/school-life/rules-for-students/attendance

Also see: http://www.p12.nysed.gov/sss/pps/educationalneglect/

"Per Part One of Article 65 of the New York State Education Law, Section 3205(1)(c), the following age requirements apply:

A child must attend full time instruction from the first day school is in session in September if he/she turns six years old on or before the first day of December of that school year. Please note: The school year...

Q: student loan forgiveness

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
Call the US Department of Education

Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?

1 Answer | Asked in Education Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/

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,...

Q: Can full time teachers open their own companies while teaching in public schools?

1 Answer | Asked in Education Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. 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,...

Q: Can public schools make transgender students use private bathrooms only?

1 Answer | Asked in Education Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
See: https://www.aclu-wa.org/docs/rights-transgender-people-washington-state

See: https://kctransguide.org/your-rights-in-washington-state/

That sounds like a possible violation of WA State law re: allowing transgender people to use public restrooms. 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,...

Q: can i sue a school for mis handeling my federal student funds

1 Answer | Asked in Education Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
It depends on what you mean by mishandled. If they violated laws re: the disbursements, that's one thing. If they are refusing to release to you your funds for valid reasons such as non-enrollment, that's a different story. 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...

Q: broke her arm while at school on the play ground

2 Answers | Asked in Education Law for California on
Answered on Dec 23, 2018
Donald Arthur Hilland's answer
I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight...

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.