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Education Law Questions & Answers
Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... Read more »

1 Answer | Asked in Education Law and Small Claims for Virginia on
Q: Can I take legal action against my school?

My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... Read more »

Tim Akpinar
Tim Akpinar answered on May 1, 2021

A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... Read more »

1 Answer | Asked in Education Law and Personal Injury on
Q: CAN WE SUE THE TEACHER AND SCHOOL FOR NEGLIGENCE

The teacher at my son's school explained that before the lesson he found a broken chair. He put it at the back of the class, with a note that says broken chair, He also told the learners about the char and told them they MUST stay away. did not listen and sat on the chair. He rode on the chai... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 28, 2021

I'm sorry for your son's accident. This could make for a tough case, given the measures the teacher took to warn the students. A state or region is not listed here, but you could reach to attorneys in your area to discuss in more detail. In these types of settings, jurors could take into... Read more »

1 Answer | Asked in Family Law and Education Law for Arizona on
Q: My husband and I have a dispute about which school to send our child to. What happens in terms of legal matters?

If no one is willing to compromise, what will end up happening in terms of the law?

Mike Branum
Mike Branum answered on Apr 23, 2021

The first thing to do is review your divorce decree and/or child custody order. If one parent has sole legal custody, that parent decides where the child goes to school. This would be unusual. Joint legal custody is the norm. In some instances, however, a decree or order will indicate that the... Read more »

1 Answer | Asked in Personal Injury and Education Law for Ohio on
Q: Can my school punish me for being Tarty because I had an allergic reaction?
Andrew Popp
Andrew Popp answered on Apr 22, 2021

This is a difficult question to answer. Is it a private or public school? What type of punishment are you talking about? It seems like the tardiness would be excusable. Is there some sort of appellate process? Depending on what's going on it may or may not be worth the costs of hiring an... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Can they make a 16 year old as of today’s date go to school if the parent gives permission to stop going.
Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

There's just not enough information. But, this might be a starting point to get more information.

The law in Michigan governing compulsory attendance requires a parent, legal guardian, or other person having control or charge of a child age six to sixteen to send the child to school...
Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Dear Sir or Madam, Q = The announcement of a High School that they are changing their grading scales midstream.

My son's school announced last year (before his Jr. year) that they would begin weighting courses on a 5.0 scale but would not retroactively weight the prior years for students (he took adv. & excell. courses then - as school pushed). Rather than begin this new system for the in-coming... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Your concern sounds to be more properly presented to your district's school board. I can appreciate your concern as a parent, but I'm not sure it's of a legal nature.

1 Answer | Asked in Criminal Law, Education Law and Uncategorized for Texas on
Q: I’ve been trying to research. I can’t find a definitive answer. I am looking at studying law.

Is it still possible for me to become a attorney with a family violence misdemeanor in TX?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 7, 2021

I do not know the answer but the first thing I would research is the investigation relating to the "Declaration of Intent" that all law school students must pass to become an attorney in Texas. The investigation decides whether or not you are mentally and morally fit to become an... Read more »

1 Answer | Asked in Education Law and Social Security for Texas on
Q: Is it required of teachers to fill out a SSA Teacher Questionnaire for a former student who has graduated and seeking

SSI disability? Is this a federal requirement? Are there consequences for a teacher who doesn't answer.

Susan Michele Schaefer
Susan Michele Schaefer answered on Mar 22, 2021

No, it is not mandatory that a teacher complete a Teacher Questionnaire. However, please consider completing either the questionnaire or a letter to describe your former student's functioning because the information you provide is an important part of the disability assessment. For more... Read more »

1 Answer | Asked in Education Law for California on
Q: Do school districts ever pay for PHP or IOP programs for students with an IEP under the emotional disturbance category?

My child is coming home from 8 months of residential care. A PHP or IOP is being recommended as transitional care.

Kimberly Winslow
Kimberly Winslow answered on Mar 17, 2021

School districts are required to provide students on IEPs a free appropriate public education. You would have the burden of proving that your child requires the PHP or IOP in order to access his/her education.

1 Answer | Asked in Education Law for Connecticut on
Q: In CT, are parents withdrawing a student from public school legally required to sign a “notice of intent”?
Joseph Maya
Joseph Maya answered on Mar 16, 2021

You provide an interesting legal question. To fully address it, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your question.

1 Answer | Asked in Education Law for Missouri on
Q: Can knowledge be hurtful
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 11, 2021

Sometimes, but it depends on the facts.

1 Answer | Asked in Consumer Law, Education Law and Small Claims for New Jersey on
Q: Can a law firm charge undisclosed fees to my original balance on a student loan institutional debt?

Original debt is $2500. Has received more than $3800 in payments via state tax returns and has not released lien on School Transcript and still claims I owe despite paying over $3800. Has not given any paperwork related to my file despite repeated request. Was condescending when requested and even... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 10, 2021

Your situation would have to be determined in an in person consultation and review of all relevant documents. Depending on what is learned from that, you MAY have a cause of action under the Fair Debt Collection Practices Act. Sometimes a simple but strong letter from an experienced civil... Read more »

1 Answer | Asked in Construction Law, Education Law and Securities Law for Ohio on
Q: Can I ask my school for building blueprints?

Using for a project but they denied my request because they said it violates security protocols.

Matthew Williams
Matthew Williams answered on Mar 10, 2021

Sure, you're allowed to ask, and they are allowed to say no.

1 Answer | Asked in Education Law and Sexual Harassment for California on
Q: Can public/private schools/colleges require only girls o wear sandals as part of dress code rather than all students?
Neil Pedersen
Neil Pedersen answered on Mar 9, 2021

Are you doing a homework assignment, or just curious about dress code laws? You have asked perhaps 8 questions all about various aspects of an employer's or school's right to enforce certain dress codes. The diversity of the factual bases for your questions suggest this is not about a... Read more »

1 Answer | Asked in Education Law and Personal Injury for Texas on
Q: Can I sue the school for forcing my son to work out till it caused a Non displaced fibula fracture in his leg!

My son is ten years old weighs 170 and is around 5'4 he was in DAEP a discipline school for kids for a couple weeks during this time he didn't do his homework so his school for a whole school day worked him out for 45mins then 15 mins studies ALL DAY! During these work outs he tells them... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 7, 2021

A Texas attorney could advise best, but your question remains open for a month. I'm very sorry for your son's injury. You could reach out to local attorneys to discuss in detail; law firms that handle these types of cases generally offer free initial consults. If the doctor's... Read more »

1 Answer | Asked in Education Law for Arizona on
Q: My son was referred out of district for school. Can I get access to the financial transfers between school and district?

My son has autism and the spec ed dept in the school district referred him out of district. They premeditively signed him up for a school without my consent, and I already understand that is illegal. My son came home crying begging me to never go back. Apparently this is a behavior disorder school... Read more »

Kimberly Winslow
Kimberly Winslow answered on Mar 5, 2021

It is a violation of IDEA for schools to place a student on an IEP out of district (or in any setting really) without parental consent. Moreover, placement should not be determined based on finances, but the needs of the student. I recommend contacting a local attorney, as I do not think, based... Read more »

1 Answer | Asked in Education Law for South Carolina on
Q: Is this illegal? if so what are the charges, and how much time can they do in prison

An 18 year old asked a school assistant principal to drop out. The assistant principal refused to let the 18 year old student to drop out. Now the students is there against their will.

Kimberly Winslow
Kimberly Winslow answered on Mar 5, 2021

South Carolina law only requires regular school attendance until the Student turns 17 years old. However, what you describe is not a crime. The student has free will.

1 Answer | Asked in Education Law for Michigan on
Q: Please advise what behaviors of a teacher are considered abuse/misconduct that breach the law.

My sons teacher is intentionally shaming, humiliating and ostracizing him socially. She would not allow him to sit in a chair like the rest of the class and was forced to stand or sit on floor. Today she forced him to stand in hallway she refuses to give him class work and then punishes him for not... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 5, 2021

Can you file a complaint? Absolutely? Is it illegal? Probably not. I'm assuming you've tried to resolve these issues with the teacher already. Your next step should be to the principal, and that communication should be along the lines of "I talked to the teacher of March 5th about my... Read more »

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