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Education Law Questions & Answers
Q: Do I need a Indiana lawyer to get an agreement that I signed dismissed thru the court due to it being invalid now?
1 Answer
| Asked
in
Family Law, Child Support and Education Law
for
North Carolina
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Melissa Averett's answer
There is no way to accurately answer this question without reading the agreement and knowing a lot more facts about your situation, but I can tell you that if the agreement was signed by a judge in Indiana and entered in a court in Indiana then you definitely need an Indiana lawyer. If it's a separation agreement that was not signed by a judge and not filed with court, then it depends on what the separation agreement says about jurisdiction and what the remedies are in the event of the...
There is no way to accurately answer this question without reading the agreement and knowing a lot more facts about your situation, but I can tell you that if the agreement was signed by a judge in Indiana and entered in a court in Indiana then you definitely need an Indiana lawyer. If it's a separation agreement that was not signed by a judge and not filed with court, then it depends on what the separation agreement says about jurisdiction and what the remedies are in the event of the...
Q: Can my child refuse to attend school due to saftey concerns?
1 Answer
| Asked
in
Criminal Law, Education Law and Family Law
for
California
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Dale S. Gribow's answer
i would contact the school board/superintendent of schools for where you live.
i would contact the school board/superintendent of schools for where you live.
Q: HOA amendment special meeting held July 7 2018 board states they can collect more votes is this legal
1 Answer
| Asked
in
Civil Litigation, Education Law, Real Estate Law and Business Law
for
Florida
on
Answered on Sep 8, 2018
Answered on Sep 8, 2018
Jonathan A. Klurfeld's answer
There is nothing in the statutes that the HOA cannot try to collect votes and then try again at another properly noticed meeting. And you are confusing 2 separate topics. A quorum is how many members are required to even hold a meeting which is 30% per 720.309(1)(a); unless your covenants call for less than 30%, it cannot be more. It sounds like you had a quorum at 31%, but not the votes to pass the amendments (per your covenants whatever that percentage is). But that all revolves around...
There is nothing in the statutes that the HOA cannot try to collect votes and then try again at another properly noticed meeting. And you are confusing 2 separate topics. A quorum is how many members are required to even hold a meeting which is 30% per 720.309(1)(a); unless your covenants call for less than 30%, it cannot be more. It sounds like you had a quorum at 31%, but not the votes to pass the amendments (per your covenants whatever that percentage is). But that all revolves around...
Q: I’m 20 years old and I live with my boyfriend and his parents. Can I sue my dad for not helping me pay for tuition?
Stuart Nachbar's answer
No you can not sure your parents for not helping you with your secondary education. There is no right to go to college
No you can not sure your parents for not helping you with your secondary education. There is no right to go to college
Q: My school changed a rule where i have to go back to another class that i passed and got the credit
1 Answer
| Asked
in
Consumer Law, Criminal Law and Education Law
for
New York
on
Answered on Sep 1, 2018
Answered on Sep 1, 2018
Aubrey Claudius Galloway's answer
This is exactly the type of situation where we are often hired on a small initial hourly retainer (atty = $180.00/hr and paralegal = $75.00/hr) of like $320 and we simply solve the issue for you. If it ends up in litigation you can get attorneys fees back, but I bet a few phone calls a letters and you WILL RECEIVE CREDIT FOR THAT CLASS.
The law is clear that among all accredited US colleges and universities as well as high school that "a 1.0/4.0, or a D in letter form, demonstrates...
This is exactly the type of situation where we are often hired on a small initial hourly retainer (atty = $180.00/hr and paralegal = $75.00/hr) of like $320 and we simply solve the issue for you. If it ends up in litigation you can get attorneys fees back, but I bet a few phone calls a letters and you WILL RECEIVE CREDIT FOR THAT CLASS.
The law is clear that among all accredited US colleges and universities as well as high school that "a 1.0/4.0, or a D in letter form, demonstrates...
Q: my son told me he was molested 2 years ago by another kid. the bus and the school failed to notify us what can we do?
Ryan Ford's answer
Do you have reason to believe that the bus driver or school or school district was aware your son was molested by the other child?
Do you have reason to believe that the bus driver or school or school district was aware your son was molested by the other child?
Q: Can you hit a camera out of your face if someone is recording you?
Dale S. Gribow's answer
need more info
the bottom line is you can not take the law into your own hands.
if you hit camera it could be a battery.
if someone is recording you walk away.
same if someone is filming you
need more info
the bottom line is you can not take the law into your own hands.
if you hit camera it could be a battery.
if someone is recording you walk away.
same if someone is filming you
Q: The school wants to handle a fight between my child and another within its system and says we shouldn't involve the
Jay Braddock Jackson's answer
If the fight between them occurred off of school grounds, you may do as you wish. Presuming that the fight occurred on school grounds, any rights you have to pursue a recovery should not be reduced. However, your lawsuit against a child is not likely to provide much in the way of a recovery, so your suit is properly brought against the parents of minor. If it was a fight, recovery would be difficult because both participants were fighting. If your child was assaulted, that may provide a cause...
If the fight between them occurred off of school grounds, you may do as you wish. Presuming that the fight occurred on school grounds, any rights you have to pursue a recovery should not be reduced. However, your lawsuit against a child is not likely to provide much in the way of a recovery, so your suit is properly brought against the parents of minor. If it was a fight, recovery would be difficult because both participants were fighting. If your child was assaulted, that may provide a cause...
Q: Can I require my ex-wife to move my son from Montessori to Traditional? She has educational decisions, but nothing else.
1 Answer
| Asked
in
Divorce, Family Law and Education Law
for
South Carolina
on
Answered on Aug 23, 2018
Answered on Aug 23, 2018
Cheryl Ann Truesdale's answer
If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in circumstances since the previous court order that warrants the modification.
If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in circumstances since the previous court order that warrants the modification.
Q: Where do I find Georgia regulations for education?
1 Answer
| Asked
in
Education Law, Gov & Administrative Law, Civil Rights and Constitutional Law
for
Georgia
on
Answered on Aug 17, 2018
Answered on Aug 17, 2018
Gary Kollin's answer
You google exactly as you have written there
Those are not Georgia
It is federal
CFR stands for Code of Federal Regulations
You google exactly as you have written there
Those are not Georgia
It is federal
CFR stands for Code of Federal Regulations
Q: Is it possible for a non US citizen sue a non US citizen in the US for something happened in another country?
2 Answers
| Asked
in
Personal Injury, Civil Rights, Education Law and International Law
on
Answered on Aug 15, 2018
Answered on Aug 15, 2018
Richard Sternberg's answer
It is possible. US courts do not care about citizenship. The question is subject matter, personal jurisdiction, and choice of law, and these are complex questions. Subject matter jurisdiction might be the easiest, since most state level trial courts are courts of general jurisdiction. You need to serve all parties in the jurisdiction unless there is a grounds for long-arm personal jurisdiction. If you get that far, the venue issues will be less of a hurtle in most states, but the court is...
It is possible. US courts do not care about citizenship. The question is subject matter, personal jurisdiction, and choice of law, and these are complex questions. Subject matter jurisdiction might be the easiest, since most state level trial courts are courts of general jurisdiction. You need to serve all parties in the jurisdiction unless there is a grounds for long-arm personal jurisdiction. If you get that far, the venue issues will be less of a hurtle in most states, but the court is...
Q: My son is 18 years old,the school is refusing to allow him to transfer himself after he moved.Please help
Homer P Jordan IV's answer
Have you asked the school why they are withholding the transcripts? Start there to see what the problem is. Maybe he owes fines or needs to do something on that end before they release them. If they don't respond, try contacting the school district's main office to see if you can get assistance. Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Have you asked the school why they are withholding the transcripts? Start there to see what the problem is. Maybe he owes fines or needs to do something on that end before they release them. If they don't respond, try contacting the school district's main office to see if you can get assistance. Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: I’m taking online courses, and I have been charged with academic dishonesty by the professor.
Michael David Siegel's answer
You must take this seriously. Download the school handbook to understand the procedure for appealing this issue. Make sure you save all work and documents that support your case.
You must take this seriously. Download the school handbook to understand the procedure for appealing this issue. Make sure you save all work and documents that support your case.
Q: Does discharging student loans require a specialized bankruptcy attorney? Does it always require litigation?
Michael David Siegel's answer
The likelihood of you discharging a student loan in bankruptcy is something close to zero. Do the Dept. of Ed. payment plan program.
The likelihood of you discharging a student loan in bankruptcy is something close to zero. Do the Dept. of Ed. payment plan program.
Q: what to do in the event that they wont promote my daughter even though she is currently in summer school
Michael David Siegel's answer
Under current law, the principal actually has full discretion to make this decision. Call the district superintendent's office to see if you can get the decision reversed.
Under current law, the principal actually has full discretion to make this decision. Call the district superintendent's office to see if you can get the decision reversed.
Q: This Individual committed a fraud and we a group of 7 got a judgment, would like to file a criminal case and more.
Dale S. Gribow's answer
more info needed
I have a hunch your lawyer is handling this on a contingency????
most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?
if so I will try to refer you once you get all the info organized.
if you are suing a governmental entity, there are strict statutes of limitation which, without all the facts, I would guess are 6 months to file.
more info needed
I have a hunch your lawyer is handling this on a contingency????
most lawyers I know would only do so on an hourly. are you in a position to retain a good lawyer?
if so I will try to refer you once you get all the info organized.
if you are suing a governmental entity, there are strict statutes of limitation which, without all the facts, I would guess are 6 months to file.
Q: My name is Sam and i have accumulated over $70,000 in student loan debt over the last 25 years.
3 Answers
| Asked
in
Consumer Law, Tax Law and Education Law
for
California
on
Answered on Jul 14, 2018
Answered on Jul 14, 2018
William John Light's answer
You haven't posted enough information, and you should see a tax professional. However, the federal government has published on this topic (state taxing authority may have a different view):
"Is the discharge of a student loan for Total and Permanent Disability (TPD) taxable?
Loan balances that are discharged are generally considered income for federal tax purposes and possibly for state
tax purposes in the year they are considered discharged. Under the Total and...
You haven't posted enough information, and you should see a tax professional. However, the federal government has published on this topic (state taxing authority may have a different view):
"Is the discharge of a student loan for Total and Permanent Disability (TPD) taxable?
Loan balances that are discharged are generally considered income for federal tax purposes and possibly for state
tax purposes in the year they are considered discharged. Under the Total and...
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