Education Law Questions & Answers

Q: Can an arrest without conviction cause a denial to credential application?

1 Answer | Asked in Education Law, Criminal Law and Employment Discrimination for California on
Answered on Jun 21, 2017

The underlying facts are key, but more important is the issue that you were never charged or convicted. You should hire counsel. I offer representation re: such matters. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
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Q: I signed a student loan for my daughter and now she does not want to pay what is my recourse. What type of lawyer do I n

1 Answer | Asked in Education Law, Collections and Consumer Law for Connecticut on
Answered on Jun 21, 2017

it depends on the type of student loan what type of relief may be available to you. Most bankruptcy attorneys are able to give you helpful advice how to approach this problem.
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Q: If a 17 year old runs away from home to live with adult boyfriend & fam & parent won't report it should teacher report ?

1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for California on
Answered on Jun 15, 2017

If you are a teacher, you have certain responsibilities. If you are unaware or unsure what to do, maybe talk to someone who is more familiar. The principle at the school has usually dealt with situations like this more than an inexperienced teacher, and might be a good resource, although the principle will have to advise you to do your duty, that it is your decision. There are forms to submit. You maybe opening pandora's box, but you may be obligated to, it depends... A wise attorney on this...
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Q: Can my school suspend my friend and I over a video?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Jun 12, 2017

Possibly, yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: Can a person hold positions as both a firefighter/police officer, and a member of a school board?

1 Answer | Asked in Education Law and Municipal Law for New York on
Answered on Jun 9, 2017

I see no reason why not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: My wife has a teaching certificate from another state - can she teach here?

2 Answers | Asked in Education Law for New York on
Answered on Jun 2, 2017

In private, not public, school.
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Q: Can ALJ's decision be appealed on the ground of his unethical behavior and/or his unconstitutional proceedings?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jun 2, 2017

You might be able to appeal the case if timely and if there's a legal and factual basis. Have a lawyer review the dossier. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Habitual Truant charges by SARB board who have ignored the disability of my children and their rights.

1 Answer | Asked in Education Law for California on
Answered on Jun 2, 2017

Are you homeschooling the kids? They need to be schooled in some way, and a disability is not a defense to that requirement. If the kids are absent from school for issues related to illness, proof is required from a doctor. If provided and not accepted, why? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: As a teacher, can I sue the school for required work that physically and permanently hurt me?

1 Answer | Asked in Employment Law, Personal Injury and Education Law for Georgia on
Answered on Jun 1, 2017

Contact a member of the Ga. Trial Lawyers Association that handles workers compensation. They give free consults. You can also check with your union. Injuries from a fight are covered. Problem with diabetes is last time I asked an expert (MD/Phd in Physiology) he said that anecdotally it's reported but no one has done a serious study on it so it is something that cannot be testified to under the standards governing expert opinions. But get the free consult.
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Q: Dfcs tool my child because she was missing alot of school how can i get her back

1 Answer | Asked in Education Law and Family Law for Georgia on
Answered on May 29, 2017

DFCS should put you on a case plan for reunification. Follow the case plan to exactly. Work on fixing the issues that resulted in your child missing school.
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Q: How do I know how to find the procedure by which a case got to court?

1 Answer | Asked in Education Law for Florida on
Answered on May 29, 2017

What do you mean "got to court"? The plaintiff, or its attorney, filed a complaint with the clerk of court.
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Q: Can a parent sue a school district for retaliatory actions when the parent has exposed violations of law?

3 Answers | Asked in Civil Litigation and Education Law for California on
Answered on May 24, 2017

The school district may be in violation of your daughter's civil rights to an equal educational opportunity for failing to provide for all her educational needs. This is a highly specialized area of law, and you need counsel with experience handling education law issues. In and around the bay area you should be able to find highly capable lawyers or law firms with the expertise to represent your child in such matters. No matter how much you have learned on your own, you will never know as much...
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Q: Pujury took place at hearing, how do I address that issue in closing arguments?

2 Answers | Asked in Civil Litigation and Education Law for California on
Answered on May 22, 2017

Why don't you have a lawyer representing you? Regardless, unless the evidence is self-authenticating you may not be able to introduce it into the record because you didn't raise/intro. it during hearing and Closing Argument is not the proper part of the process to bring in evidence. You could raise the issue in Closing, but the evidence is trickier.
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Q: Can our employee (on the clock) be asked to leave our public meeting to attend to her job responsibilities?

1 Answer | Asked in Business Law, Education Law, Employment Law and Gov & Administrative Law for Florida on
Answered on May 21, 2017

You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.
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Q: What type of lawyer should I be looking for if my children were Asulted by a school cop on school grounds

2 Answers | Asked in Civil Rights, Criminal Law, Education Law and Personal Injury for California on
Answered on May 16, 2017

An Education Lawyer such as myself is what you need.

See: http://www.aeesq.com/education-lawyer/bullying-school-injuries-civil-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Can a non- parent access student from the Denver Public Schools under FERPA

2 Answers | Asked in Education Law and Family Law for Colorado on
Answered on May 15, 2017

Under FERPA disclosure of a student's records are generally restricted to parents (legal) and school administrators. There are exceptions. For step-parents or other non-legal parties to get access either have one of the legal parent(s) request the information from the school or have the parent(s) provide written consent to disclose and send this to the school. If this relates to a court case, you can also subpoena the information by requesting a judge to sign-off on the subpoena duces tecum...
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Q: can the trusty,of a trust fund deny funding for education to a benificiary if it is written to do so in the trust

1 Answer | Asked in Education Law and Estate Planning for Texas on
Answered on May 15, 2017

It depends on the specific language in the trust. For a precise answer, take the trust document to a local estate planning attorney who can review the trust language for you. If necessary, the attorney can represent you in requesting a distribution from the trust if the trust provides for what you want.
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Q: Can an international underage student live alone and pay his own rent in California, while in high school?

1 Answer | Asked in Education Law, International Law and Juvenile Law for California on
Answered on May 13, 2017

You may need to file for emancipation, otherwise your parents may face neglect charges. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
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Q: How can I obtain my certificate from a school that is simply giving me the run around?

2 Answers | Asked in Education Law for New York on
Answered on May 11, 2017

Start with a letter documenting your issues. You can sue for the misrepresentation.
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Q: I want to know what i can do to sue my child school or the parent of the child that hurt mines.

1 Answer | Asked in Education Law, Family Law and Personal Injury for New York on
Answered on May 8, 2017

See: http://www.aeesq.com/education-lawyer/bullying-school-injuries-civil-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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