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Education Law Questions & Answers

1 Answer | Asked in Education Law for Michigan on

Q: is it legal to suspend a student for something they did after school on school property?

Brent T. Geers answered on May 25, 2019

Yes. Particularly because it occurred on school property.

1 Answer | Asked in Civil Rights, Domestic Violence, Education Law and Sexual Harassment for California on

Q: how to get justice

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Dale S. Gribow answered on May 23, 2019

more info needed.

it does not sound illegal.

what is the basis of your objection?

if you felt something was wrong then report it to the teacher, counselor or principle

2 Answers | Asked in Criminal Law, Traffic Tickets, Education Law and Juvenile Law for Texas on

Q: What do I need to do?

I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..

Kiele Linroth Pace answered on May 21, 2019

That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.

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1 Answer | Asked in Family Law and Education Law for New York on

Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.

She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I... Read more »

Michael David Siegel answered on May 9, 2019

Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is... Read more »

1 Answer | Asked in Civil Rights and Education Law for California on

Q: Can I use a recorded conversation as evidence against a school and school district?

I recently had a meeting with the principal and superintendent of my sons school regarding targeted, segregated, bullied, harassed, stalked, discriminated against and illegally searches my son has received several times by a female staff member. I brought a witness to this meeting who wanted to... Read more »

Louis George Fazzi answered on May 4, 2019

You should immediately see a lawyer competent to handle school district and issues like yours, and place the recordings (or copies thereof) into the hands of the attorney for safekeeping until she can determine what to do with them. But do not relinquish control over the originals in your... Read more »

1 Answer | Asked in Education Law and Tax Law for Virginia on

Q: Can you go after The Department of Education for wrongfully taking full tax refund

My student loans were in default but through the department of education I was placed into a rehabilitation program. I made every single payment each month, I never missed a single one. I am out of default and made all required payments to the program. My tax refund was taken in full by the... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

The Department of Education did not violate any laws by taking your IRS refund check as partial payment on your federally insured student loan. Regardless of whether or not your rehab program is up-to-date, the fact remains that you are still in arrears on the student loan debt. Additionally, since... Read more »

2 Answers | Asked in Tax Law, Civil Rights, Constitutional Law and Education Law on

Q: The concurring part of Justice Lewis F. Powell in BobJonesUniversity vs US. Why he wrote a separated concurring opinion?

Bruce Alexander Minnick answered on Apr 30, 2019

Because he wanted to assert something he felt important into the record.

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3 Answers | Asked in Education Law for Ohio on

Q: how is it legal for a school district to discriminate students who live within 2 miles of the school and NOT be require.

Ohio revised code 3327.01. we all pay same tax

Matthew Williams answered on Apr 25, 2019

Because the community has decided to spend its money on busing for kids that can’t walk to school. The state of Ohio requires all community to offer this minimal bus service. Your local community could offer more. But all governments have to prioritize how they spend they’re money.

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1 Answer | Asked in Contracts, Civil Rights and Education Law for Tennessee on

Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you". Recently, I asked the... Read more »

Bruce Alexander Minnick answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
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1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on

Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Timur Akpinar answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing, negotiable... Read more »

1 Answer | Asked in Education Law for Tennessee on

Q: What type of lawyer would I need to help protect me from educational neglect charges with a truant teenager?

My son is 17 and has been involved with juvenile court for almost a year due to his truancy. It is not getting any better and I feel as if I have exhausted all of my options and I am worried I will be charged with educational neglect. I have done everything asked of me by the court, but I can not... Read more »

Anthony M. Avery answered on Apr 23, 2019

Any fairly competent attorney can represent you in Juvenile Court. It is not difficult. But you really do not need a lawyer until you are cited. You might hire someone for a small fee for consultation and more if there is a charge.

1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on

Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

1 Answer | Asked in Education Law and Traffic Tickets for Maryland on

Q: I got pulled over for not stopping for a school bus — how do I request to not have this show on my driving record???

I was well past the bus before their hazards went on, still got pulled over

Mark Oakley answered on Apr 18, 2019

You request a trial by filling in and mailing the request form portion of the ticket located on the lower right side of the sheet. Check the “trial” box, not the “waiver hearing.” If the officer does not show, you’ll be found not guilty. If they show, you plead not guilty and tell your... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Oklahoma on

Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras

We have went to court and the judges granted her another 30 days to come up with evidence against me on medical neglect in education and so far in the 30 day she is took my kids to doctors and now she is not trying to give me my visitation my kids do not wanna be there my oldest daughter has been... Read more »

Pete David Louden answered on Apr 13, 2019

Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on

Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

schedule and fired me . Can I sue for wrongful termination? I was in pain and sick for 6 whole weeks and still showed up everyday . I'm a teacher for a preschool and finally took two days off and now I need surgery and have no job.

Timothy Denison answered on Apr 6, 2019

Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

3 Answers | Asked in Contracts and Education Law for New Jersey on

Q: How can I get released from an online school contract in NJ?

I signed a contract with an online school unbeknownst to me that I only had 72 hours to cancel the contract.

Bruce Alexander Minnick answered on Apr 3, 2019

Unless you hire a good lawyer who will read the fine lines of the entire contract you may be stuck with either having to complete the course and pay for it, or renege on the contract and possibly still have to pay for the course never taken.

Investing a few hundred dollars to have an...
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1 Answer | Asked in Child Support, Education Law and Family Law for North Carolina on

Q: can my legal parent/guardian allow me to quit school at 15 in NC without any consequences?

Im 15 and I have depression/Anxiety and I cant handle school anymore I really want to get out of school but i dont want to get taken away or get into trouble and I love my parents so I dont want them to get in trouble eaither. Is there something they could do to get me out of school without any... Read more »

Amanda Bowden Houser answered on Apr 1, 2019

You have to wait until you are 16 to make one of the worst decisions of your life. Look into the possibility of home schooling.

1 Answer | Asked in Consumer Law, Contracts and Education Law for Oregon on

Q: Can I ignore a state university that is trying to fine me if they do not have my SSN or address?

I considered attending a state university and then never followed through. I had made an email in their system and got no further. They later contacted me via this email and said that I owed them $5,700 for a room and board that I never reserved. They only have this email and my name and they do... Read more »

Bruce Alexander Minnick answered on Apr 1, 2019

If they know your name they can easily find out everything else they need to sue you; and they might, do that because of the large amount involved. Accordingly, I do not advise you to start ignoring them now. Your decision to appeal the fine has already pushed them far enough to continue with the... Read more »

1 Answer | Asked in Education Law for New Jersey on

Q: My child was absent 18.5 days what should happen now if I have court about this metter

Stuart Nachbar answered on Mar 27, 2019

Student absenteeism can lead to low academic achievement, dropping out of school, delinquency and gang involvement. School districts that have established multi-systemic approaches and policies pertaining to student absenteeism typically experience fewer numbers of dropouts and a greater number of... Read more »

1 Answer | Asked in Copyright, Education Law, Patents (Intellectual Property) and Trademark for Wyoming on

Q: Can I use the spelling of Fire as FYRE for educational purpose on a school project?

Fyre Festival trade mark abandoned? I would not use the word festival.

Marcos Garciaacosta answered on Mar 19, 2019

depends on the scope of the use and whether it will confuse people as of what you are doing vis a vis a registered or established commercial mark.

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