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Education Law Questions & Answers
1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... Read more »

1 Answer | Asked in Education Law for California on
Q: My daughter currently has a 504 plan, but she needs an IEP instead.

The school performed the assessment as requested, and when they presented the results, they said my daughter

" does not meet qualification criteria under the category of Other Health Impaired" so they put her under a 504 plan. At the time (11/08/21) i knew nothing about... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are attorneys who handle education law. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for Washington on
Q: PE teacher slapped back of daughters hand

My daughter is in middle school in Washington state. She went to school today wearing some wedged boots forgetting that today was PE. When she entered the gym both teachers surrounded her and belittled her. They also made her hold her hand out and slapped the back of her hand. Do I have any... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

A Washington attorney could advise best, but your question remains open for a week. I'm sorry this happened to your daughter. From the situation you describe, it's possible evidence could be of a fleeting nature in terms of video recordings or eyewitness recollection. You could reach out... Read more »

1 Answer | Asked in Education Law for California on
Q: Can parents in California still choose to opt their children out from state testing, even at charter schools?

Our charter school is saying the students “will participate in [the testing]” but isn’t that contrary to California Education Code section 60615?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

Parents have several different options for their children's schooling in California, some of which do not require "state testing." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Education Law for Louisiana on
Q: My special needs son was charged with atemped simple burgury of an inhabited dwelling
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2022

You did not post your question(s), but based on what you did write, my recommendation is that you please contact a lawyer in your area to discuss your options going forward and how to best assist your son with mitigating what can happen.

3 Answers | Asked in Education Law and Personal Injury for California on
Q: I have a need for legal counsel my 10yr old son has been assaulted at elem school I have been making complaints 2020 no

He’s been touched in private areas now teacher making him feel not worth living has suicidal ideation I asked for help with principal,school police, superintendent and the city mayor and all say my son needs to learn to deal with other people not liking him not any care about his mental state I... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 20, 2022

I am so sorry to hear about your sons sexual assault. That is horrible. It's even worse when it involves a person who is in a position of trust like a teacher. Contact one of the attorneys on this forum for a free consultation. Most of us accept cases throughout the state including Jurupa... Read more »

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 18, 2022

Fairly broad question, but generally, when the Supreme Court (or lower courts within the circuit) decide a case that involves federal law -- such as the United States Constitution -- the court applies it to the state-level as well.

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2 Answers | Asked in Education Law for California on
Q: How do the outcomes of cases in a federal court apply to schools?
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

This a civics question. The state courts have appellate courts; in CA, the highest state court is the California Supreme Court. State appellate law dictates state law issues (related to the state constitution, statutes, regulations, etc.), unless the United State Supreme Court speaks on a given... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Education Law and Personal Injury for California on
Q: Liability? My neice hit a kid who was bullying a disabled child.

Now the parents are demanding 800$ for insurance deductible to repair broken teeth.. can the school be held responsible for any part?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 12, 2022

Possibly. The school may have breached its duty to deal with the bullying. However, the causation is likely a factor here -- because the attack on the child was not the direct result of the school's possible negligence.

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

1 Answer | Asked in Education Law and Juvenile Law for Maryland on
Q: Is it illegal (e.g. "wiretapping") to record the air quality of my daughter's school without first obtaining permission?

I sent my daughter with a CO2 (carbon dioxide) monitor to school to check the ventilation level of her classroom. Is there some legal reason to have obtained permission from the school to record this kind of information (no audio or video, or any identifying information was ever recorded)? (There... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

County Boards of Education set the rules on what electronic devices are allowed to be brought onto school campus. This is not a wiretapping issue as it does not concern collection of communications between humans.

1 Answer | Asked in Contracts, Employment Law and Education Law for Arkansas on
Q: Am I required to supervise students off contracted time for free.

My principal stated that all certified staff are required to come in before our contracted hours and stay afterwards to supervise students for free. She also says that if we don’t, we will be written up for insubordination and that those of us with second jobs would have to make other... Read more »

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 7, 2022

Thanks and no you are not required to work more than the time you are contracted for. Working off the clock is illegal in Arkansas.

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Need legal advice on disabled child harassed at school by staff and students, as well as staff discrimination

Disabled child was verbally(shouted), physically (minor bruises), emotionally (threatened), psychologically (traumatized/scared), and sexually harassed (forceful inappropriate touch in private area with evil intention to cause harm) by a teacher, and bullied (injured in private area), ridiculed and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 2, 2022

This is not the place for you to get the help you need.

You need a lawyer who is familiar with the needs of students like your child, and knows how to navigate the educational system with regard to the special needs of children like yours.

There are some very good lawyers in your...
Read more »

1 Answer | Asked in Education Law for New York on
Q: What type of lawyer would I need to sue a school or school district ?
Tim Akpinar
Tim Akpinar
answered on Sep 2, 2022

It could depend on what the matter involves. If it's something about an academic issue with a child, an educational law attorney could probably be a first option to consult with. If it involves employment as a teacher, then an employment law attorney. If it involves an injury on school... Read more »

1 Answer | Asked in Education Law for Texas on
Q: College says I didn’t go to class on days that I did and now threatening to drop me, if I don’t make up those hours.

I go to hair school in Dallas, part of graduating is having a certain amount of hours under your belt. The school days are 3 times a week 10 hour days. The school called me in the office today and said I had missed 12.5 days and said I couldn’t graduate unless I made them up. I told them I... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

There is a practical and a legal aspect to your question. Legally, they can require that you attend school for a certain number of hours and, in order to get a license to engage in that occupation, the State requires that you do so.

The practical aspect is proving that you did, in fact,...
Read more »

1 Answer | Asked in Personal Injury and Education Law for Illinois on
Q: My son is in 1st grade, today he was hit multiple times by another student who he doesn’t even know.

He’s never even spoken to this kid. He walked up to my son during lunch and started kicking him and hitting him. There is supposed to be lunch attendants making sure this stuff doesn’t happen. No body helped until my son was crying. His friend was screaming and asking for help. A teacher came... Read more »

Charles Candiano
Charles Candiano
answered on Aug 31, 2022

There have always been bullies. There probably always will be bullies. There is no law to invoke. If the school has a zero-tolerance policy about violence, the aggressor should be reprimanded. Request a meeting with the principal to express your concern and to request that the student be... Read more »

1 Answer | Asked in Education Law for Texas on
Q: In Texas, does the school have to stop questioning a child after they requested a parent or lawyer

My daughter's high had three assistant principals continue to question my daughter after she asked for a parent or lawyer to be present.

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

Generally, school administrators can question students at school without a parent or guardian being present, whether they ask for a parent or lawyer or not. Some school districts have policies to the contrary. A violation of the district policy may subject the administrator to adverse employment... Read more »

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