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Education Law Questions & Answers
1 Answer | Asked in Criminal Law, Education Law and Legal Malpractice on
Q: Can my school stop me from seeking legal repercussions for a person who assaulted me at school?

School in new south whales

Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

This is something that an attorney in Australia would need to advise on. But as a general matter in many legal systems, it would be improper for a school to interfere in an individual's private-based claims. You may want to discuss this with your parents first. Good luck

Tim Akpinar

1 Answer | Asked in Constitutional Law and Education Law for California on
Q: Can a first grade teacher show a video highlighting one particular religion? Don't all materials shown need approval?

Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Interesting question. Answer: It depends on how the teacher presents the discussion about the religion, and there is no limit on what students can talk about among themselves. If the teacher's presentation is for the purpose of discussing a different type of religion, or sensitizing students... Read more »

1 Answer | Asked in Education Law and Employment Law for California on
Q: Do Minor work permits change because of online schooling? Can we work more than 4 hours on a week day?

Since schools have been moved to online and we are not physically going to school, can a 17 year old work more than 4 hours on a Monday? My boss doesn't know for sure but my school did provide a new work permit providing new hours, but my boss would like to make sure its legal before he takes... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 9, 2020

There have been no changes to the laws related to minors working that have come about as a result of the Covid situation. Therefore, the same limitation on the number of hours a minor can work apply now as before.

Your boss needs to get specific, confidential advice from his attorney, not...
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1 Answer | Asked in Contracts and Education Law for Michigan on
Q: For remote learning, can schools force agreement to the Terms of a private company, exp Zoom, and what if I say no?

With remote learning, what happens if I don't agree to the terms and conditions of a 3rd party company/software, Zoom, Google, etc, they're using, can the state say I'm not teaching my child under the law? What if I don't agree to them being on camera and a 3rd party recording... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 5, 2020

If you don't agree to the terms of service for the video platform your school uses, than you cannot participate in the virtual learning offered through the school. You would then need to elect to send your child to school in-person (if offered), or your child would not be considered an... Read more »

1 Answer | Asked in Education Law for Illinois on
Q: Our school is going to force us to run outside in 99 degree weather in circles with our mask on is this legal

They say it is punishment for not "social distancing enough" and say we have no choice but to run and are going to force us

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

It's called Physical Education. It is a recommended course under the federal guidelines.

1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: Legality of This

I’m a high school student in Florida. My teachers are saying that theyre going to require webcams and record us because of online learning. As someone who values their privacy, this is very concerning to me. Is this legal?

Charles M.  Baron
Charles M. Baron answered on Aug 25, 2020

While it's generally not legal in Fla. to audio-record someone without their consent, I imagine that the school has made your consent (or your parents' consent on your behalf) a condition of attending the school.

1 Answer | Asked in Education Law for Georgia on
Q: Can a 15 year old quit school in Georgia with parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 24, 2020

No a 15 year old cannot quit school even with parental consent in the state of Georgia. Mandatory attendance in a public school, private school, or home school program is required for children between 6 yrs and 16 yrs old. The only exception is where the child has successfully completed all... Read more »

1 Answer | Asked in Education Law for Georgia on
Q: Can a school be held responsible for my child contracting COVID-19 when my request to place her in digital learning was

Denied numerous times?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 19, 2020

It may be possible. The law is very new at this point as it relates to COVID-19 cases. It is unclear what these cases will look like. It is certainly worth consulting with an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.

We wish...
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1 Answer | Asked in Consumer Law, Civil Rights, Education Law and Elder Law for Arkansas on
Q: How should I find lawyer for - graduate student in good standing but claiming discrimination - against a university?

Looking for area of law that covers this. Perhaps Education or Consumer Law (?) - covering Title IX and/or VI violations.

Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. There are attorneys who handle cases under those titles - you could start by reaching out to them. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Michigan on
Q: Can I sue the school district for religious discrimination for my child to not wear a mask. It is against our religion
Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Interesting scenario...I'm not sure how such a suit would play out. Generally, claims of religious discrimination requires you to substantiate that what you are saying is an established component of your religion, and that you are a devoted member of that faith group. That is commonly done in... Read more »

1 Answer | Asked in Education Law on
Q: How important is legal literature as one of the sources of Malaysian Law? Explain.
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

This is something that attorneys who practice in Malaysia would know best. But as a general matter, if by legal literature, if you mean fictional works dealing with the subject of law, they are not that significant as a source of law in most nations. If you are a student and are researching this as... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Louisiana on
Q: Do teachers have to catheterize a student if they are not comfortable or scared to do so?
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

An Louisiana attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, if a teacher or teacher's aide has been trained in the procedure and parental permission in on file, they could be required - but a Louisiana employment attorney could offer... Read more »

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I'm an Occupational therapist working in the schools in NYS. Should the district provide PPE if we return to school?

If I provide my own do I risk liability? Or what if I become sick would that void district's liability?

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

It would be best if an employment attorney took your question, but it remains open for four weeks. Until you are able to get the input of someone with expertise in this area (or if you are not able to ultimately get a response), one measure you could consider would be to present your proposed... Read more »

1 Answer | Asked in Education Law for Florida on
Q: I just found out that my son is required to take a semester of LGBTQ History in High School.

What can I do to get my student out of taking that class? I don’t care if people want to live in sin but being forced to take a sexual preference choice as history I don’t agree with and it’s against our beliefs.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

You can protest to the school &/or the school board. If the school board won't listen to them, work to get the school board members replaced in the next election. Or you can transfer him to another school.

2 Answers | Asked in Contracts, Civil Rights and Education Law for Ohio on
Q: it Is legal for a public university to randomly require students to test for Covid and deny access to their class if not

Students will be randomly selected throughout the semester, 100 at a time. Students with no symptoms, no contact tracing, perfectly random. If they choose not to be tested they will be made to “ quarantine “until they comply. They will not be allowed to attend their classes. This is only for... Read more »

Matthew Williams
Matthew Williams answered on Aug 5, 2020

That’s a rather strange scheme. There’s little precedent on a lot of these issues. General, common sense health precautions are likely to be upheld in court. But this does seem wrongheaded. For one thing, with limited testing resources, it makes sense to focus on those with symptoms or probable... Read more »

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1 Answer | Asked in Education Law, Civil Litigation and Juvenile Law for California on
Q: Would one be able to "punish" a school or staff for compensation for the racial discrimination of students/theft?

In a specific situation, a friend of mine who's finally said something about what they had to endure in their seventh grade year. This was about two years ago. What had happened was that their bag which contained their Hmong cultural clothes and very clearly had her name on it was stolen by... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

First, the person who was wronged needs to post for themselves, otherwise this is just an "I am curious" posting. Claims against public agencies are subject to a requirement for the presentation of an administrative claim usually within 180 days, of injury. Since this happened two years... Read more »

1 Answer | Asked in Child Custody, Education Law, Family Law and Public Benefits for Colorado on
Q: When I am of legal age in the state of Colorado (18) do my guardians have any control over the location of my education
Sabra M. Janko
Sabra M. Janko answered on Jul 25, 2020

It depends on the nature of the guardianship and what it provides for. Usually those past the age of 18 do not have guardians.

1 Answer | Asked in Contracts, Employment Law and Education Law for Texas on
Q: Is it possible to get a texas teacher certificate reinstated after it was voluntarily surrendered permanently.

I am a former educator and in october 2012 I was brought into the district for inappropriate relationship with a student. They showed text messages we shared and asked i wanted to resign or have it go public. I resigned and in January I had my teaching certificate voluntarilly surrendered without... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 24, 2020

Ask an attorney who focuses on a practice area like Administrative Law and/or Professional Licensing.

1 Answer | Asked in Education Law for California on
Q: Can I do anything about my school not refunding or not providing services

Hi, I’m just wondering recently I’ve been going to a technical school and we had to complete certain things in the class to get our certification but since covid happend the school was forced to close and we weren’t able too, and when I had talked to the counselor about it even though I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Read your contract. Take it to an attorney specializing in Education Law or Business Law and have him review it as to your rights. If you are not satisfied, file in Small Claims Court. This is essentially a breach of contract, you may be able to get your money back, it depends what the contract... Read more »

1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

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