Education Law Questions & Answers

Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

1 Answer | Asked in Business Law, Education Law and Tax Law for New York on
Answered on Oct 19, 2017

It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit,...
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Q: Can I sue a school for not providing my child an iep?

1 Answer | Asked in Education Law for California on
Answered on Oct 19, 2017

Whether a child qualifies for an IEP is not dependent on how smart they are, but whether they have a condition which meets the criteria established for students with special needs. You need to consult with an attorney who handles special education cases immediately. There is no way to make up for lost time, so do not delay.
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Q: What field of lawyer do I need to sue a school district for not keeping my kids safe at school during school hours

1 Answer | Asked in Education Law and Personal Injury for California on
Answered on Oct 12, 2017

You want an education attorney. If you don't mind me asking, what happened?
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Q: is it possible that immigration of a certain country can arrest you for education accreditation issue?

1 Answer | Asked in Education Law and Immigration Law on
Answered on Oct 12, 2017

Scam as you noted. They have no case to ask for your arrest.
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Q: My son's FERPA rights were violated. School lawyers wants to meet. Can I request to meet with just him and record it?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Oct 10, 2017

In Pennsylvania they would have to consent to the recording. If the school is bringing their lawyer, you should have yours. Otherwise, after the meeting, do a follow up email with all the people in the meeting included in the email, confirming everything that was stated and agreed upon. This will help in the event of future litigation.
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Q: Is it illegal for a school to add more classes to students and change the school name in the middle of the year?

1 Answer | Asked in Education Law for California on
Answered on Oct 10, 2017

The California Department of Education sets the number of credit hours each student needs in order to graduate with a high school diploma. You might approach the teacher who thinks that what the school is doing is improper, to find out why he or she thinks that. Perhaps that person can give you some further guidance on where to look for assistance.
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Q: I am a high school student, can I call myself General Counsel of our entrepreneurship club? Or must I have a JD to do so

2 Answers | Asked in Education Law and Juvenile Law for California on
Answered on Oct 10, 2017

You should check in with your high school counselor to get guidance with this issue.
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Q: While being a high school teacher, can you also start a business like a language school or tutor academy?

1 Answer | Asked in Business Law and Education Law for California on
Answered on Oct 10, 2017

Depends on your terms of appointment/contract governed by your service rules. In some States it's clearly a conflict of interest and some permit it under conditions.

Further consult Attorney dealing with employment law.
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Q: Is extended self-denial of depression and/or anxiety considered considered poor judgement or disorder-afflicted?

1 Answer | Asked in Contracts, Personal Injury, Civil Rights and Education Law on
Answered on Oct 9, 2017

You would want to consult an attorney who handles education law. My general thought would be it doesn't--they knew they had to attend, do certain work. "In Denial" doesn't get anwhere but "Denied." But check with a specialist.
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Q: My son was sucker punched in the head, and avoided 3 more hits. It was in school. Is this assault?

1 Answer | Asked in Education Law and Criminal Law for Pennsylvania on
Answered on Oct 7, 2017

Yes, this would be assault. Assault is when someone either attempts to cause or actually causes bodily injury. Sometimes, a person can be charged with assault and then the prosecutor will reduce the charge down to harassment but to answer your question, yes, this would be an assault. As far as the second part of your statement about the burden, if you mean they said they couldn't meet their burden of proof, I would assume that means there were no witnesses. In such a case, it becomes a...
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Q: I received a truancy ticket for leaving my campus for lunch underage.

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Oklahoma on
Answered on Sep 29, 2017

The ticket is valid.
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Q: Weird thing to ask; Is a school teacher allowed to prohibit a student from attending a on site field trip?

1 Answer | Asked in Education Law for California on
Answered on Sep 28, 2017

More specifics are required. Why did the substitute require the student to return to class?
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Q: I have been harassed by a teacher and a staff member of my school and want to know what can be done

2 Answers | Asked in Education Law and Personal Injury for California on
Answered on Sep 28, 2017

More facts are required, but if you have a solid case, a lawyer could take your case on contingency, at little to no cost to you, and sue under Section 504 and other state disability law.
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Q: My son is five an just started kindergarten but he don't want to go. Do I have to start him at five or can i wait

1 Answer | Asked in Family Law and Education Law for Ohio on
Answered on Sep 27, 2017

Talk to his school about the situation. Kids usually get over the separation issue quickly, and if they don't, the school can find ways to help. Keeping him at home is probably not the best answer for him, and children are required to receive proper schooling.
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Q: I am a student at an institute and teacher says I cannot listen to my Christian music in my earphones, is this true?

1 Answer | Asked in Contracts, Education Law and International Law for Florida on
Answered on Sep 25, 2017

In the class, the instructor is in charge. outside of class you are free to listen to what you want. It sounds like there is more to this story. ie: sounds like the instructor knows what type of music you are listening too and apparently does not like your choice of music.

Hope this helps.
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Q: What can I do with my 16 year old who is unruly and refuses to go to school? She has been on probation and nothing hap

1 Answer | Asked in Criminal Law, Education Law, Family Law and Juvenile Law for Ohio on
Answered on Sep 25, 2017

Contact child and family services. Also contact any local agencies and charities that provide family counseling and assistance. They may have recommendations. The legal system might not have an answer unless she gets into real trouble. Keep at it.
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Q: Can school administrator suspend a student for fighting another student off of school property /outside of school hours?

1 Answer | Asked in Education Law for New Jersey on
Answered on Sep 25, 2017

Unless there is a Code of Conduct that is given to the students, that specifically states conduct outside of school grounds and NOT at a School function or at a School Sanctioned event, I do not think that this can be done.
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Q: I'm 14. I CANNOT live with my parents anymore. What do you think I should do? Is there a way I can live with my Grandma?

1 Answer | Asked in Family Law, Child Custody, Education Law and Health Care Law for California on
Answered on Sep 22, 2017

You should talk to a school counselor about your issues. As a 14-year-old, you are too young to be making these kinds of decisions on your own. You need good adult supervision and advice, and perhaps you should even seek out your own legal counsel to work with you. But a good place to start is with your school counselor.
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Q: Can the office keep my children out of class?

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Ohio on
Answered on Sep 22, 2017

The school makes the rules. Talk to the school and work it out with them.
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Q: can I sue for 2 year old corn nuts that the school sold me?

2 Answers | Asked in Education Law, Personal Injury, Products Liability and Small Claims for California on
Answered on Sep 20, 2017

Who are you wanting to sue, your school or the vending machine company? Regardless, what are your actual damages aside from the horrible taste and rude school administrator? Lawsuits are not to be taken lightly, and no ethical attorneys would take such a case without you incurring serious damages (health impact, personal injury, loss of economic earnings, etc.).
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